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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 43 - Public Lands: Interior |
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Subtitle A - Office of the Secretary of the Interior |
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Part 4 - Department Hearings and Appeals Procedures |
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Subpart D - Rules Applicable in Indian Affairs Hearings and Appeals |
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General Rules Applicable to Proceedings on Appeal Before the Interior Board of Indian Appeals |
§ 4.318 - Scope of review.
Latest version.
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§ 4.318 Scope of review.
An appeal will be limited to those issues that were before the administrative law judge or Indian probate judge upon the petition for rehearing, reopening, or regarding tribal purchase of interests, or before the BIA official on review. However, except as specifically limited in this part or in title 25 of the Code of Federal Regulations, the Board will not be limited in its scope of review and may exercise the inherent authority of the Secretary to correct a manifest injustice or error where appropriate.