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Title 43

Displaying title 43, up to date as of 9/03/2026. Title 43 was last amended 8/12/2026.
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Title 43Public Lands: InteriorPart / Section
Subtitle AOffice of the Secretary of the Interior1 – 199
Part 4Department of the Interior Hearings and Appeals Procedures4.1 – 4.1610
Subpart KSpecific Rules Applicable to Hearings Concerning the Acknowledgment of American Indian Tribes4.1001 – 4.1051
General Provisions4.1001 – 4.1004
§ 4.1001What terms are used in this subpart?
§ 4.1002What is the purpose of this subpart?
§ 4.1003Which rules of procedure and practice apply?
§ 4.1004How are time periods computed?
Representatives4.1010
§ 4.1010Who may represent a party, and what requirements apply to a representative?
Document Filing and Service4.1011 – 4.1013
§ 4.1011What are the form and content requirements for documents under this subpart?
§ 4.1012Where and how must documents be filed?
§ 4.1013How must documents be served?
ALJ's Powers, Unavailability, Disqualification, and Communications4.1014 – 4.1017
§ 4.1014What are the powers of the ALJ?
§ 4.1015What happens if the ALJ becomes unavailable?
§ 4.1016When can an ALJ be disqualified?
§ 4.1017Are ex parte communications allowed?
Motions4.1018
§ 4.1018What are the requirements for motions?
Prior Decisions4.1019
§ 4.1019How may a party submit prior Departmental final decisions?
Hearing Process
Docketing, Intervention, Prehearing Conferences, and Summary Decision4.1020 – 4.1023
§ 4.1020What will DCHD do upon receiving the election of hearing from a petitioner?
§ 4.1021What are the requirements for motions for intervention and responses?
§ 4.1022How are prehearing conferences conducted?
§ 4.1023What are the requirements for motions for recommended summary decision, responses, and issuance of a recommended summary decision?
Information Disclosure4.1030 – 4.1035
§ 4.1030What are the requirements for OFA's witness and exhibit list?
§ 4.1031Under what circumstances will the ALJ authorize a party to obtain discovery of information?
§ 4.1032When must a party supplement or amend information?
§ 4.1033Under what circumstances will the ALJ authorize a party to depose a witness to preserve testimony?
§ 4.1034What are the procedures for limiting disclosure of information which is confidential or exempt by law from public disclosure?
§ 4.1035What are the requirements for subpoenas and witness fees?
Hearing, Briefing, and Recommended Decision4.1040 – 4.1051
§ 4.1040When and where will the hearing be held?
§ 4.1041What are the parties' rights during the hearing?
§ 4.1042Who may testify?
§ 4.1043What are the methods for testifying?
§ 4.1044How may a party use a deposition in the hearing?
§ 4.1045What are the requirements for exhibits, official notice, and stipulations?
§ 4.1046What evidence is admissible at the hearing?
§ 4.1047What are the requirements for transcription of the hearing?
§ 4.1048What is the standard of proof?
§ 4.1049When will the hearing record close?
§ 4.1050What are the requirements for post-hearing briefs?
§ 4.1051What are the requirements for the ALJ's recommended decision?