43 C.F.R. PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES
TITLE 43--Public Lands: Interior
Subtitle A--OFFICE OF THE SECRETARY OF THE INTERIOR
PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart A--GENERAL; OFFICE OF HEARINGS AND APPEALS
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| Scope of authority; applicable regulations.
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| Membership of appeals boards; decisions, functions of Chief Judges.
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| Representation before appeals boards.
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| Public records; locations of field offices.
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| Power of the Secretary and Director.
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Subpart B--GENERAL RULES RELATING TO PROCEDURES AND PRACTICE
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| Subpoena power and witness provisions generally.
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| Information required by forms.
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| Request for limiting disclosure of confidential information.
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Subpart C--SPECIAL RULES OF PRACTICE BEFORE THE INTERIOR BOARD OF CONTRACT APPEALS
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| General rules and guidelines.
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| Forwarding and docketing of appeals.
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| Preparation, organization, transmittal, and status of appeal file.
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| Dismissal for lack of jurisdiction.
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| Representation and appearances.
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| Amendments of pleadings or record.
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| Prehearing or presubmission conference.
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| Submission without a hearing.
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| Optional small claims (expedited) and accelerated procedures. (See 4.100(a)(2).)
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| Interrogatories to parties; inspection of documents; admission of facts.
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| Hearings--where and when held.
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| Subpoenas. (See 4.100(a)(2).)
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| Unexcused absence of a party.
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| Examination of witnesses.
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| Motions for reconsideration.
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Subpart D--RULES APPLICABLE IN INDIAN AFFAIRS HEARINGS AND APPEALS
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| General authority of deciding officials.
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| Determination as to nonexistent persons and other irregularities of allotments.
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| Determinations of nationality, citizenship, or status affecting character of land titles.
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| Renunciation of interest.
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| Assignment to deciding official.
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| Summary process for estates containing only trust cash estates of less than $5,000.
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| Informal process for cases that do not require a formal hearing.
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| Written decision of attorney decision maker.
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| De novo review following decision of attorney decision maker.
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| Production of documents for inspection and copying.
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| Written interrogatories; admission of facts and documents.
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| Objections to and limitations on production of documents, depositions, and interrogatories.
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| Failure to comply with discovery.
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| Authority and duties of the administrative law judge or Indian probate judge.
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| Evidence; form and admissibility.
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| Proof of wills, codicils, and revocations.
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| Witnesses, interpreters, and fees.
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| Decision of the administrative law judge or Indian probate judge and notice thereof.
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| Filing and proof of creditor claims; limitations.
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| Property subject to claims.
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| Making of a will; review as to form; revocation.
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| Felonious taking of testator's life.
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| Custody and control of trust estates.
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| Improperly included property.
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| Claims for attorney fees.
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| Guardians for incompetents.
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| Conclusion of probate and tribal exercise of statutory option.
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| Notice by surviving spouse to reserve a life estate.
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| Hearing on tribal option to purchase interests.
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| Amicus curiae; intervention; joinder motions.
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| Exhaustion of administrative remedies.
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| Reconsideration of a Board decision.
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| Notice of transmittal of record on appeal.
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| Disposition of the record.
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| Appeal to the Board; how taken; mandatory time for filing; preparation assistance; requirement for bond.
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| Service of notice of appeal.
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| Preparation and transmittal of record by official of the Bureau of Indian Affairs.
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| Submission by administrative law judge of proposed findings, conclusions and recommended decision.
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| Exceptions or comments regarding recommended decision by administrative law judge.
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| Disposition of the record.
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| Commencement of the determination process.
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| Determination of administrative judge and notice thereof.
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| Reconsideration or rehearing.
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| Guardians for minors and incompetents.
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Subpart E--SPECIAL RULES APPLICABLE TO PUBLIC LAND HEARINGS AND APPEALS
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| Finality of decision; reconsideration.
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| Appeal; how taken, mandatory time limit.
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| Statement of reasons, statement of standing, written arguments, briefs.
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| Service of notice of appeal and of other documents.
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| Request for hearings on appeals involving questions of fact.
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| Appeals of wildfire management decisions.
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| Applicability of general rules.
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| Subpoena power and witness provisions.
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| Fixing of place and date for hearing; notice.
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| Authority of the administrative law judge.
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| Action by administrative law judge.
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| Private contests and protests.
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| By whom private contest may be initiated.
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| Proceedings in Government contests.
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| Proceedings before the administrative law judge.
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| Authority of administrative law judge.
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| Findings and conclusions; decision by administrative law judge; submission to Board for decision.
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| How to appeal a final BLM grazing decision to an administrative law judge.
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| How to petition for a stay of a final BLM grazing decision.
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| Action on an appeal and petition for a stay.
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| Time and place of hearing; notice; intervenors.
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| Authority of administrative law judge.
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| Conduct of hearing; reporter's fees; transcript.
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| Findings of fact and decision by administrative law judge: Notice; submission to Board of Land Appeals for decision.
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| Appeals to the Board of Land Appeals; judicial review.
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| Effectiveness of decision during appeal.
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| Conditions of decision action.
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Subpart F--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS
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| What is the purpose of this subpart?
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| What definitions apply to this subpart?
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| What proceedings are covered by this subpart?
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| When am I eligible for an award?
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| Under what circumstances may I receive an award?
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| What fees and expenses may be allowed?
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| What information must my application for an award contain?
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| What information must I include in my net worth exhibit?
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| What documentation of fees and expenses must I provide?
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| When may I file an application for an award?
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| How must I file and serve documents?
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| When may the Department or other agency file an answer?
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| When may other parties file comments?
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| When may further proceedings be held?
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| How will my application be decided?
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| How will an appeal from a decision be handled?
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| May I seek judicial review of a final decision?
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| How will I obtain payment of an award?
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Subpart G--SPECIAL RULES APPLICABLE TO OTHER APPEALS AND HEARINGS
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| Transmittal of appeal file.
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Subpart H--[RESERVED]
Subpart I--SPECIAL PROCEDURAL RULES APPLICABLE TO PRACTICE AND PROCEDURE FOR HEARINGS, DECISIONS, AND ADMINISTRATIVE REVIEW UNDER PART 17 OF THIS TITLE--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
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| Scope and construction of rules.
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| Reduction of time to file documents.
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| Authority and responsibilities.
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| Participation by a party.
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| Determination of parties.
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| Complainants not parties.
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| Determination and participation of amici.
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| How proceedings are commenced.
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| Notice of hearing and response thereto.
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| Notice of opportunity to request a hearing and response thereto.
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| Amendment of notice or answer.
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| Consolidated or joint hearings.
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| Admissions as to facts and documents.
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| Use of depositions at hearing.
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| Interrogatories to parties.
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| Production of documents and things and entry upon land for inspection and other purposes.
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| Proposed findings of fact and conclusions of law.
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| Notification of right to file exceptions.
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| Final review by Secretary.
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Subpart J--SPECIAL RULES APPLICABLE TO APPEALS CONCERNING FEDERAL OIL AND GAS ROYALTIES AND RELATED MATTERS
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| What is the purpose of this subpart?
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| What appeals are subject to this subpart?
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| What definitions apply to this subpart?
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| When does my appeal commence and end?
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| What if a due date falls on a day the Department or relevant office is not open for business?
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| What if the Department does not issue a decision by the date my appeal ends?
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| What if an IBLA decision requires MMS or a delegated State to recalculate royalties or other payments?
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| What is the administrative record for my appeal if it is deemed decided?
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| How do I request an extension of time?
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Subpart K--[RESERVED]
Subpart L--SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS
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| Jurisdiction of the Board.
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| General rules relating to procedure and practice.
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| Consolidation of proceedings.
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| Advancement of proceedings.
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| Waiver of right to hearing.
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| Status of notices of violation and orders of cessation pending review by the Office of Hearings and Appeals.
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| Powers of administrative law judges.
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| Conduct of administrative law judges.
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| Certification of interlocutory ruling.
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| Proposed findings of fact and conclusions of law.
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| Initial orders and decisions.
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| Effect of initial order or decision.
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| Sequence and timing of discovery.
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| Supplementation of responses.
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| Motion to compel discovery.
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| Failure to comply with orders compelling discovery.
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| Depositions upon oral examination or upon written questions.
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| Written interrogatories to parties.
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| Production of documents and things and entry upon land for inspection and other purposes.
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| Contents of petition; payment required.
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| Review of waiver determination.
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| Burdens of proof in civil penalty proceedings.
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| Determination by administrative law judge.
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| Effect of failure to file.
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| Failure to state a claim.
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| Related notices or orders.
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| Burden of proof in review of section 521 notices or orders.
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| Computation of time for decision.
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| Waiver of the 30-day decision requirement.
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| Procedure if 30-day decision requirement is not waived.
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| Initiation of proceedings.
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| Burden of proof in suspension or revocation proceedings.
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| Determination by the administrative law judge.
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| Filing of the application for review with the Office of Hearings and Appeals.
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| Request for scheduling of a hearing.
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| Response to request for the scheduling of a hearing.
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| Application for temporary relief from alleged discriminatory acts.
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| Determination by administrative law judge.
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| Determination on application concerning a notice of violation issued pursuant to section 521(a)(3) of the act.
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| Determination on application concerning an order of cessation.
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| Petition for discretionary review of a proposed civil penalty.
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| Where to file; time for filing.
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| Who may receive an award.
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| Contents and service of petition.
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| Answer, motion, or statement of OSM.
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| Elements; burdens of proof.
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| Decision by administrative law judge.
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| Petition for discretionary review.
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| Preliminary finding by OSM.
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| Who may file; where to file; when to file.
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| Determination by the administrative law judge.
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| Where to file; when to file.
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| Contents of request; amendment of request; responses.
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| Time for hearing; notice of hearing; extension of time for hearing.
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| Status of decision pending administrative review.
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| Request for temporary relief.
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| Determination by the Administrative Law Judge.
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| Petition for discretionary review; judicial review.
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| Who may file, where to file, when to file.
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| Contents of request for review, response to request, amendment of request.
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| Time for initial decision.
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| Petition for temporary relief from notice of proposed suspension or rescission or notice of suspension or rescission; appeals from decisions granting or denying temporary relief.
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| Petition for discretionary review of initial decision.
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| Who may file; when to file; where to file.
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| Contents of request for review; response to request; amendment of request.
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| Time for initial decision.
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| Petition for temporary relief from decision; appeals from decisions granting or denying temporary relief.
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| Petition for discretionary review of initial decisions.
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| Who may file; where to file; when to file; filing of administrative record.
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| Contents of request; amendment of request; responses.
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| Status of decision pending administrative review.
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Subpart M--SPECIAL PROCEDURAL RULES APPLICABLE TO APPEALS OF DECISIONS MADE UNDER OMB CIRCULAR A-76
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| Purpose and nature of the appeal process.
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| Who may appeal under this procedure.
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| Method of filing an appeal.
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| Action by the Office of Hearings and Appeals.
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| Department representation.
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| Decision of the appeals official.
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