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5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.
36 FR 7186, Apr. 15, 1971, unless otherwise noted.
80 FR 48459, Aug. 13, 2015, unless otherwise noted.
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(a) Generally. Any documents relating to a case under this subpart must be delivered for filing to DCHD under the terms specified in the OHA Standing Orders on Electronic Transmission and the OHA Standing Orders on Contact Information found on the Department of the Interior OHA website, at https://www.doi.gov/oha.
(b) Methods of filing —
(1) Electronic. A document may be filed electronically under the terms specified in the OHA Standing Orders on Electronic Transmission. A person or entity represented by an attorney must file electronically, unless otherwise specified in the OHA Standing Orders on Electronic Transmission or when the ALJ has allowed non-electronic filing for good cause.
(2) Non-electronic. A document not filed electronically must be delivered for filing to DCHD at the address specified in the OHA Standing Orders on Contact Information.
(c) Timeliness —
(1) Electronic. A document filed electronically is deemed timely if filed by 11:59 p.m. Mountain Time on the date the document is due under the terms specified in the OHA Standing Orders on Electronic Transmission.
(2) Non-electronic. A document not filed electronically is deemed timely if, on or before the last day for filing, it is sent by express mail or dispatched to a third-party commercial courier for delivery on the next business day. The date of mailing or dispatch must be documented by a postmark date, acceptance scan, receipt, or similar written acknowledgement from the carrier delivering the document for filing. A document not received within 2 business days of the filing deadline is presumed untimely, but the presumption may be overcome by the documentation establishing the date of mailing or dispatch.
(d) Nonconforming documents. If any document submitted for filing under this subpart does not comply with the requirements of this subpart or any applicable order, it may be rejected. If the defect is minor, the filer may be notified of the defect and given an opportunity to correct.
[90 FR 2428, Jan. 10, 2025]