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Title 43

Displaying title 43, up to date as of 9/04/2026. Title 43 was last amended 8/12/2026.
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  1. Title 43 —Public Lands: Interior
  2. Subtitle A —Office of the Secretary of the Interior
  3. Part 4 —Department of the Interior Hearings and Appeals Procedures
  4. Subpart L   View Full Text
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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 LSpecific Rules Applicable to Hearings and Appeals Concerning Surface Coal Mining4.1100 – 4.1394
General Provisions4.1100 – 4.1117
§ 4.1100Scope and definitions.
§ 4.1101Jurisdiction of the Board.
§ 4.1102Construction.
§ 4.1103Eligibility to practice.
§ 4.1104General rules relating to procedure and practice.
§ 4.1105Parties.
§ 4.1106Hearing sites.
§ 4.1107Filing of documents.
§ 4.1108Form of documents.
§ 4.1109Service.
§ 4.1110Intervention.
§ 4.1111Voluntary dismissal.
§ 4.1112Motions.
§ 4.1113Consolidation of proceedings.
§ 4.1114Advancement of proceedings.
§ 4.1115Waiver of right to hearing.
§ 4.1116Status of notices of violation and orders of cessation pending review by the Office of Hearings and Appeals.
§ 4.1117Reconsideration.
Hearings and Discovery4.1120 – 4.1122
§ 4.1120Presiding officers.
§ 4.1121Initial orders and decisions.
§ 4.1122Termination of jurisdiction.
Petitions for Review of Proposed Assessments of Civil Penalties4.1150 – 4.1158
§ 4.1150Who may file.
§ 4.1151Time for filing.
§ 4.1152Contents of petition; payment required.
§ 4.1153Answer.
§ 4.1154Review of waiver determination.
§ 4.1155Burdens of proof in civil penalty proceedings.
§ 4.1156Summary disposition.
§ 4.1157Determination by administrative law judge.
§ 4.1158Appeals.
Review of Section 521 Notices of Violation and Orders of Cessation4.1160 – 4.1171
§ 4.1160Scope.
§ 4.1161Who may file.
§ 4.1162Time for filing.
§ 4.1163Effect of failure to file.
§ 4.1164Contents of application.
§ 4.1165Answer.
§ 4.1166Contents of answer.
§ 4.1167Notice of hearing.
§ 4.1168Amendments to pleadings.
§ 4.1169Failure to state a claim.
§ 4.1170Related notices or orders.
§ 4.1171Burden of proof in review of section 521 notices or orders.
Expedited Review of Section 521(a)(2) or 521(a)(3) Orders of Cessation4.1180 – 4.1187
§ 4.1180Purpose.
§ 4.1181Who may file.
§ 4.1182Where to file.
§ 4.1183Time for filing.
§ 4.1184Contents of application.
§ 4.1185Computation of time for decision.
§ 4.1186Waiver of the 30-day decision requirement.
§ 4.1187Procedure if 30-day decision requirement is not waived.
Proceedings for Suspension or Revocation of Permits Under Section 521(a)(4) of the Act4.1190 – 4.1197
§ 4.1190Initiation of proceedings.
§ 4.1191Answer.
§ 4.1192Contents of answer.
§ 4.1193Notice of hearing.
§ 4.1194Burden of proof in suspension or revocation proceedings.
§ 4.1195Determination by the administrative law judge.
§ 4.1196Summary disposition.
§ 4.1197Appeals.
Applications for Review of Alleged Discriminatory Acts Under Section 703 of the Act4.1200 – 4.1205
§ 4.1200Filing of the application for review with the Office of Hearings and Appeals.
§ 4.1201Request for scheduling of a hearing.
§ 4.1202Response to request for the scheduling of a hearing.
§ 4.1203Application for temporary relief from alleged discriminatory acts.
§ 4.1204Determination by administrative law judge.
§ 4.1205Appeals.
Applications for Temporary Relief4.1260 – 4.1267
§ 4.1260Scope.
§ 4.1261When to file.
§ 4.1262Where to file.
§ 4.1263Contents of application.
§ 4.1264Response to application.
§ 4.1265Determination on application concerning a notice of violation issued pursuant to section 521(a)(3) of the act.
§ 4.1266Determination on application concerning an order of cessation.
§ 4.1267Appeals.
Appeals to the Board From Decisions or Orders of Administrative Law Judges4.1270 – 4.1275
§ 4.1270Petition for discretionary review of a proposed civil penalty.
§ 4.1271Notice of appeal.
§ 4.1272Interlocutory appeals.
§ 4.1273Briefs.
§ 4.1274Remand.
§ 4.1275Final decisions.
Appeals to the Board From Decisions of the Office of Surface Mining4.1280 – 4.1287
§ 4.1280Scope.
§ 4.1281Who may appeal.
§ 4.1282Appeals; how taken.
§ 4.1283Service.
§ 4.1284Answer.
§ 4.1285Summary dismissal.
§ 4.1286Motion for a hearing on an appeal involving issues of fact.
§ 4.1287Action by administrative law judge.
Petitions for Award of Costs and Expenses Under Section 525(e) of the Act4.1290 – 4.1296
§ 4.1290Who may file.
§ 4.1291Where to file; time for filing.
§ 4.1292Contents of petition.
§ 4.1293Answer.
§ 4.1294Who may receive an award.
§ 4.1295Awards.
§ 4.1296Appeals.
Petitions for Review of Proposed Individual Civil Penalty Assessments Under Section 518(f) of the Act4.1300 – 4.1309
§ 4.1300Scope.
§ 4.1301Who may file.
§ 4.1302Time for filing.
§ 4.1303Contents and service of petition.
§ 4.1304Answer, motion, or statement of OSM.
§ 4.1305Amendment of petition.
§ 4.1306Notice of hearing.
§ 4.1307Elements; burdens of proof.
§ 4.1308Decision by administrative law judge.
§ 4.1309Petition for discretionary review.
Request for Hearing on a Preliminary Finding Concerning a Demonstrated Pattern of Willful Violations Under Section 510(c) of the Act, 30 U.S.C. 1260(c) (Federal Program; Federal Lands Program; Federal Program for Indian Lands)4.1350 – 4.1356
§ 4.1350Scope.
§ 4.1351Preliminary finding by OSM.
§ 4.1352Who may file; where to file; when to file.
§ 4.1353Contents of request.
§ 4.1354Determination by the administrative law judge.
§ 4.1355Burden of proof.
§ 4.1356Appeals.
Request for Review of Approval or Disapproval of Applications for New Permits, Permit Revisions, Permit Renewals, the Transfer, Assignment or Sale of Rights Granted Under Permit (Federal Program; Federal Lands Program; Federal Program for Indian Lands) and for Coal Exploration Permits (Federal Program)4.1360 – 4.1369
§ 4.1360Scope.
§ 4.1361Who may file.
§ 4.1362Where to file; when to file.
§ 4.1363Contents of request; amendment of request; responses.
§ 4.1364Time for hearing; notice of hearing; extension of time for hearing.
§ 4.1365Status of decision pending administrative review.
§ 4.1366Burdens of proof.
§ 4.1367Request for temporary relief.
§ 4.1368Determination by the Administrative Law Judge.
§ 4.1369Petition for discretionary review; judicial review.
Review of OSM Decisions Proposing To Suspend or Rescind or Suspending or Rescinding Improvidently Issued Permits4.1370 – 4.1377
§ 4.1370Scope.
§ 4.1371Who may file, where to file, when to file.
§ 4.1372Contents of request for review, response to request, amendment of request.
§ 4.1373Hearing.
§ 4.1374Burdens of proof.
§ 4.1375Time for initial decision.
§ 4.1376Petition for temporary relief from notice of proposed suspension or rescission or notice of suspension or rescission; appeals from decisions granting or denying temporary relief.
§ 4.1377Petition for discretionary review of initial decision.
Review of Office of Surface Mining Written Decisions Concerning Ownership or Control Challenges4.1380 – 4.1387
§ 4.1380Scope.
§ 4.1381Who may file; when to file; where to file.
§ 4.1382Contents of request for review; response to request; amendment of request.
§ 4.1383Hearing.
§ 4.1384Burdens of proof.
§ 4.1385Time for initial decision.
§ 4.1386Petition for temporary relief from decision; appeals from decisions granting or denying temporary relief.
§ 4.1387Petition for discretionary review of initial decisions.
Request for Review of OSM Determinations of Issues Under 30 CFR Part 761 (Federal Program; Federal Lands Program; Federal Program for Indian Lands)4.1390 – 4.1394
§ 4.1390Scope.
§ 4.1391Who may file; where to file; when to file; filing of administrative record.
§ 4.1392Contents of request; amendment of request; responses.
§ 4.1393Status of decision pending administrative review.
§ 4.1394Burden of proof.
eCFR Content