43 C.F.R. § 4.320 Who may appeal.
Title 43 - Public Lands: Interior
(a) Right of appeal. An interested party has a right to appeal to the Board from an order of an administrative law judge or Indian probate judge on a petition for rehearing or petition for reopening or regarding tribal purchase of interests in a deceased Indian's trust estate. (b) Notice of appeal. Within 60 days from the date of the decision, an appellant must file a written notice of appeal signed by the appellant, the appellant's attorney, or other qualified representative as provided in 43 CFR 1.3, with the Board of Indian Appeals, Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy Street, Arlington, Virginia 22203. (1) A statement of the errors of fact and law upon which the appeal is based must be included in either the notice of appeal or in any brief filed. (2) The notice of appeal must include the names and addresses of parties served. (3) A notice of appeal not timely filed will be dismissed for lack of jurisdiction. (c) Service of copies of notice of appeal. The appellant must personally deliver or mail the original notice of appeal to the Board of Indian Appeals. (1) A copy must be served upon the administrative law judge or Indian probate judge whose decision is appealed as well as all interested parties. (2) The notice of appeal filed with the Board must include a certification that service was made as required by this section. (d) Action by the administrative law judge or Indian probate judge; record inspection. The administrative law judge or Indian probate judge, upon receiving a copy of the notice of appeal, must notify the Superintendent concerned to return the duplicate record filed under §§4.236(b), 4.241(d), or 4.242(f) to the LTRO designated under §4.236(b). The duplicate record must be conformed to the original by the LTRO and will thereafter be available for inspection either at the LTRO or at the office of the Superintendent. If a transcript of the hearing was not prepared, the administrative law judge or Indian probate judge will have a transcript prepared that must be forwarded to the Board within 30 days from receiving a copy of the notice of appeal.
Title 43: Public Lands: Interior
PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart D—Rules Applicable in Indian Affairs Hearings and Appeals
Appeals to the Board of Indian Appeals in Probate Matters
§ 4.320 Who may appeal.
