Subpart A - General; Office of Hearings and Appeals

§ 4.1 - Scope of authority; applicable regulations.

§ 4.2 - Membership of appeals boards; decisions, functions of Chief Judges.

§ 4.3 - Representation before appeals boards.

§ 4.4 - Public records; locations of field offices.

§ 4.5 - Power of the Secretary and Director.

Subpart B - General Rules Relating to Procedures and Practice

§ 4.20 - Purpose.

§ 4.21 - General provisions.

§ 4.22 - Documents; filing and service.

§ 4.23 - Transcript of hearings.

§ 4.24 - Basis of decision.

§ 4.25 - Oral argument.

§ 4.26 - Subpoena power and witness provisions generally.

§ 4.27 - Standards of conduct.

§ 4.28 - Interlocutory appeals.

§ 4.29 - Remands from courts.

§ 4.30 - Information required by forms.

§ 4.31 - Request for limiting disclosure of confidential information.

Subpart C - XXX

§ 4.100 - General rules and guidelines.

Prehearing Procedure Rules

§ 4.101 - Who may appeal.

§ 4.102 - Appeals—how taken.

§ 4.103 - Forwarding and docketing of appeals.

§ 4.104 - Preparation, organization, transmittal, and status of appeal file.

§ 4.105 - Dismissal for lack of jurisdiction.

§ 4.106 - Representation and appearances.

§ 4.107 - Pleadings.

§ 4.108 - Amendments of pleadings or record.

§ 4.109 - Hearing—election.

§ 4.110 - Prehearing briefs.

§ 4.111 - Prehearing or presubmission conference.

§ 4.112 - Submission without a hearing.

§ 4.113 - Optional small claims (expedited) and accelerated procedures. (See 4.100(a)(2).)

§ 4.114 - Settling of the record.

§ 4.115 - Discovery—depositions.

§ 4.116 - Interrogatories to parties; inspection of documents; admission of facts.

§ 4.117 - Service of papers.

Hearing Procedure Rules

§ 4.118 - Hearings—where and when held.

§ 4.119 - Notice of hearings.

§ 4.120 - Subpoenas. (See 4.100(a)(2).)

§ 4.121 - Unexcused absence of a party.

§ 4.122 - Nature of hearings.

§ 4.123 - Examination of witnesses.

§ 4.124 - Submission of briefs.

posthearing procedure rules

§ 4.125 - Decisions.

§ 4.126 - Motions for reconsideration.

§ 4.127 - Dismissals.

§ 4.128 - Remands from courts.

Appendix I to Subpart C - Suggested Form of Notice of Appeal

Appendix I to Subpart C of Part 4 - Suggested Form of Notice of Appeal

Subpart D - Rules Applicable in Indian Affairs Hearings and Appeals

Appeals to the Board of Indian Appeals from Administrative Actions of Officials of the Bureau of Indian Affairs: Administrative Review in Other Indian Matters Not Relating to Probate Proceedings

§ 4.330 - Scope.

§ 4.331 - Who may appeal.

§ 4.332 - Appeal to the Board; how taken; mandatory time for filing; preparation assistance; requirement for bond.

§ 4.333 - Service of notice of appeal.

§ 4.334 - Extensions of time.

§ 4.335 - Preparation and transmittal of record by official of the Bureau of Indian Affairs.

§ 4.336 - Docketing.

§ 4.337 - Action by the Board.

§ 4.338 - Submission by administrative law judge of proposed findings, conclusions and recommended decision.

§ 4.339 - Exceptions or comments regarding recommended decision by administrative law judge.

§ 4.340 - Disposition of the record.

claims

§ 4.250 - Filing and proof of creditor claims; limitations.

§ 4.251 - Priority of claims.

§ 4.252 - Property subject to claims.

miscellaneous

§ 4.281 - Claims for attorney fees.

§ 4.282 - Guardians for incompetents.

White Earth Reservation Land Settlement Act of 1985; Authority of Administrative Judges; Determinations of the Heirs of Persons Who Died Entitled to Compensation

§ 4.350 - Authority and scope.

§ 4.351 - Commencement of the determination process.

§ 4.352 - Determination of administrative judge and notice thereof.

§ 4.353 - Record.

§ 4.354 - Reconsideration or rehearing.

§ 4.355 - Omitted compensation.

§ 4.356 - Appeals.

§ 4.357 - Guardians for minors and incompetents.

hearings

§ 4.230 - Administrative law judge; authority and duties.

§ 4.231 - Hearings.

§ 4.232 - Evidence; form and admissibility.

§ 4.233 - Proof of wills, codicils, and revocations.

§ 4.234 - Witnesses, interpreters, and fees.

§ 4.235 - Supplemental hearings.

§ 4.236 - Record.

General Rules Applicable to Proceedings on Appeal Before the Interior Board of Indian Appeals

§ 4.310 - Documents.

§ 4.311 - Briefs on appeal.

§ 4.312 - Board decisions.

§ 4.313 - Amicus curiae; intervention; joinder motions.

§ 4.314 - Exhaustion of administrative remedies.

§ 4.315 - Reconsideration of a Board decision.

§ 4.316 - Remands from courts.

§ 4.317 - Standards of conduct.

§ 4.318 - Scope of review.

Scope of Subpart; Definitions

§ 4.200 - How to use this subpart.

§ 4.201 - Definitions.

§§ 4.202--4.308 - [Reserved]

Appeals to the Board of Indian Appeals in Probate Matters

§ 4.320 - Who may appeal a judge's decision or order?

§ 4.321 - How do I appeal a judge's decision or order?

§ 4.322 - What must an appeal contain?

§ 4.323 - Who receives service of the notice of appeal?

§ 4.324 - How is the record on appeal prepared?

§ 4.325 - How will the appeal be docketed?

§ 4.326 - What happens to the record after disposition?

Determinations of Heirs and Approval of Wills, Except as to Members of the Five Civilized Tribes and Osage Indians; Tribal Purchases of Interests Under Special Statutes

§ 4.202 - General authority of administrative law judges.

commencement of probate proceedings

§ 4.210 - Commencement of probate.

§ 4.211 - Notice.

§ 4.212 - Contents of notice.

Determination of Heirs; Approval of Wills; Settlement of Indian Trust Estates

§ 4.203 - Determination as to nonexistent persons and other irregularities of allotments.

§ 4.204 - Presumption of death.

§ 4.205 - Escheat.

§ 4.206 - Determinations of nationality or citizenship and status affecting character of land titles.

§ 4.207 - Compromise settlement.

§ 4.208 - Renunciation of interest.

wills

§ 4.260 - Making; review as to form; revocation.

§ 4.261 - Anti-lapse provisions.

§ 4.262 - Felonious taking of testator's life.

decisions

§ 4.240 - Decision of administrative law judge and notice thereof.

§ 4.241 - Rehearing.

§ 4.242 - Reopening.

depositions, discovery, and prehearing conference

§ 4.220 - Production of documents for inspection and copying.

§ 4.221 - Depositions.

§ 4.222 - Written interrogatories; admission of facts and documents.

§ 4.223 - Objections to and limitations on production of documents, depositions, and interrogatories.

§ 4.224 - Failure to comply with orders.

§ 4.225 - Prehearing conference.

custody and distribution of estates

§ 4.270 - Custody and control of trust estates.

§ 4.271 - Summary distribution.

§ 4.272 - Omitted property.

§ 4.273 - Improperly included property.

§ 4.274 - Distribution of estates.

Tribal Purchase of Interests Under Special Statutes

§ 4.300 - Authority and scope.

§ 4.301 - Appraisal report.

§ 4.302 - Conclusion of probate and tribal exercise of statutory option.

§ 4.303 - Notice by surviving spouse to reserve a life estate.

§ 4.304 - Rehearing.

§ 4.305 - Hearing.

§ 4.306 - Time for payment.

§ 4.307 - Title.

§ 4.308 - Disposition of income.

Subpart E - Special Rules Applicable to Public Land Hearings and Appeals

contest and protest proceedings

actions by board of land appeals

Appeals Procedures; General

§ 4.400 - Definitions.

§ 4.401 - Documents; filing and service.

§ 4.402 - Summary dismissal.

§ 4.403 - Finality of decision; reconsideration.

§ 4.404 - Consolidation.

§ 4.405 - Extensions of time.

§ 4.406 - Intervention; amicus curiae.

§ 4.407 - Motions.

Appeals Procedures

Hearings on Appeals Involving Questions of Fact

§ 4.450-1 - By whom private contest may be initiated.

§ 4.450-2 - Protests.

§ 4.450-3 - Initiation of contest.

§ 4.450-4 - Complaints.

§ 4.450-5 - Service.

§ 4.450-6 - Answer to complaint.

§ 4.450-7 - Action by manager.

§ 4.450-8 - Amendment of answer.

§ 4.430 - Prehearing conferences.

§ 4.431 - Fixing of place and date for hearing; notice.

§ 4.432 - Postponements.

§ 4.433 - Authority of the administrative law judge.

§ 4.434 - Conduct of hearing.

§ 4.435 - Evidence.

§ 4.436 - Reporter's fees.

§ 4.437 - Copies of transcript.

§ 4.438 - Action by administrative law judge.

§ 4.439 - Action by administrative law judge.

§ 4.450 - Private contests and protests.

§ 4.451 - Government contests.

§ 4.452 - Proceedings before the administrative law judge.

§ 4.451-1 - How initiated.

§ 4.451-2 - Proceedings in Government contests.

§ 4.452-1 - Prehearing conferences.

§ 4.452-2 - Notice of hearing.

§ 4.452-3 - Postponements.

§ 4.452-4 - Authority of administrative law judge.

§ 4.452-5 - Conduct of hearing.

§ 4.452-6 - Evidence.

§ 4.452-7 - Reporter's fees.

§ 4.452-8 - Findings and conclusions; decision by administrative law judge.

§ 4.452-9 - Appeal to Board.

Grazing Procedures (Inside and Outside Grazing Districts)

§ 4.470 - How to appeal a final BLM grazing decision to an administrative law judge.

§ 4.471 - How to petition for a stay of a final BLM grazing decision.

§ 4.472 - Action on an appeal and petition for a stay.

§ 4.473 - Time and place of hearing; notice; intervenors.

§ 4.474 - Authority of administrative law judge.

§ 4.475 - Service.

§ 4.476 - Conduct of hearing; reporter's fees; transcript.

§ 4.477 - Findings and conclusions; decision by administrative law judge.

§ 4.478 - Appeals to the Board of Land Appeals; judicial review.

§ 4.479 - Effectiveness of decision during appeal.

§ 4.480 - Conditions of decision action.

Appeals to the Board of Land Appeals

§ 4.410 - Who may appeal.

§ 4.411 - Appeal; how taken, mandatory time limit.

§ 4.412 - Statement of reasons; statement of standing; reply briefs.

§ 4.413 - Service of notice of appeal.

§ 4.414 - Answers.

§ 4.415 - Motion for a hearing on an appeal involving questions of fact.

§ 4.416 - Appeals of wildfire management decisions.

Hearings Procedures

§ 4.420 - Applicability of general rules.

§ 4.421 - Definitions.

§ 4.422 - Documents; filing and service.

§ 4.423 - Subpoena power and witness provisions.

Subpart F - Implementation of the Equal Access to Justice Act in Agency Proceedings

Procedures for Considering Applications

§ 4.614 - Settlement.

§ 4.615 - Extensions of time and further proceedings.

§ 4.616 - Decision on application.

§ 4.617 - Appeals Board review.

§ 4.618 - Judicial review.

§ 4.619 - Payment of award.

§ 4.620 - How must I file and serve documents?

§ 4.621 - When may the Department or other agency file an answer?

§ 4.622 - When may I file a reply?

§ 4.623 - When may other parties file comments?

§ 4.624 - When may further proceedings be held?

§ 4.625 - How will my application be decided?

§ 4.626 - How will an appeal from a decision be handled?

§ 4.627 - May I seek judicial review of a final decision?

§ 4.628 - How will I obtain payment of an award?

Information Required from Applicants

§ 4.608 - Contents of application.

§ 4.609 - Net worth exhibit.

§ 4.610 - What information must my application for an award contain?

§ 4.611 - What information must I include in my net worth exhibit?

§ 4.612 - What documentation of fees and expenses must I provide?

§ 4.613 - When may I file an application for an award?

General Provisions

§ 4.601 - What is the purpose of this subpart?

§ 4.602 - What definitions apply to this subpart?

§ 4.603 - What proceedings are covered by this subpart?

§ 4.604 - When am I eligible for an award?

§ 4.605 - Under what circumstances may I receive an award?

§ 4.606 - What fees and expenses may be allowed?

§ 4.607 - Allowable fees and expenses.

Subpart G - Special Rules Applicable to Other Appeals and Hearings

§ 4.700 - Who may appeal.

§ 4.701 - Notice of appeal.

§ 4.702 - Transmittal of appeal file.

§ 4.703 - Documents; filing and service.

§ 4.704 - Decisions on appeals.

Subpart H - XXX

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

General

§ 4.800 - Scope and construction of rules.

§ 4.801 - Suspension of rules.

§ 4.802 - Definitions.

§ 4.803 - Computation of time.

§ 4.804 - Extensions of time.

§ 4.805 - Reduction of time to file documents.

Procedures

§ 4.815 - How proceedings are commenced.

§ 4.816 - Notice of hearing and response thereto.

§ 4.817 - Notice of opportunity to request a hearing and response thereto.

§ 4.818 - Answer.

§ 4.819 - Amendment of notice or answer.

§ 4.820 - Consolidated or joint hearings.

§ 4.821 - Motions.

§ 4.822 - Disposition of motions.

§ 4.823 - Interlocutory appeals.

§ 4.824 - Exhibits.

§ 4.825 - Admissions as to facts and documents.

§ 4.826 - Discovery.

§ 4.827 - Depositions.

§ 4.828 - Use of depositions at hearing.

§ 4.829 - Interrogatories to parties.

§ 4.830 - Production of documents and things and entry upon land for inspection and other purposes.

§ 4.831 - Sanctions.

§ 4.832 - Consultation and advice.

Prehearing

§ 4.833 - Prehearing conferences.

Hearing

§ 4.834 - Purpose.

§ 4.835 - Evidence.

§ 4.836 - Official notice.

§ 4.837 - Testimony.

§ 4.838 - Objections.

§ 4.839 - Exceptions.

§ 4.840 - Offer of proof.

§ 4.841 - Official transcript.

Form and Filing of Documents

§ 4.812 - Form.

§ 4.813 - Filing and service.

§ 4.814 - Certificate of service.

Posthearing Procedures

§ 4.842 - Proposed findings of fact and conclusions of law.

§ 4.843 - Record for decision.

§ 4.844 - Notification of right to file exceptions.

§ 4.845 - Final review by Secretary.

Appearance and Practice

§ 4.808 - Participation by a party.

§ 4.809 - Determination of parties.

§ 4.810 - Complainants not parties.

§ 4.811 - Determination and participation of amici.

Designation and Responsibilities of Administrative Law Judge

§ 4.806 - Designation.

§ 4.807 - Authority and responsibilities.

Subpart J - Special Rules Applicable to Appeals Concerning Federal Oil and Gas Royalties and Related Matters

§ 4.901 - What is the purpose of this subpart?

§ 4.902 - What appeals are subject to this subpart?

§ 4.903 - What definitions apply to this subpart?

§ 4.904 - When does my appeal commence and end?

§ 4.905 - What if a due date falls on a day the Department or relevant office is not open for business?

§ 4.906 - What if the Department does not issue a decision by the date my appeal ends?

§ 4.907 - What if an IBLA decision requires ONRR or a delegated State to recalculate royalties or other payments?

§ 4.908 - What is the administrative record for my appeal if it is deemed decided?

§ 4.909 - How do I request an extension of time?

Subpart K - Hearing Process Concerning Acknowledgment of American Indian Tribes

Hearing Process

Document Filing and Service

§ 4.1011 - What are the form and content requirements for documents under this subpart?

§ 4.1012 - Where and how must documents be filed?

§ 4.1013 - How must documents be served?

ALJ'S Powers, Unavailability, Disqualification, and Communications

§ 4.1014 - What are the powers of the ALJ?

§ 4.1015 - What happens if the ALJ becomes unavailable?

§ 4.1016 - When can an ALJ be disqualified?

§ 4.1017 - Are ex parte communications allowed?

Prior Decisions

§ 4.1019 - How may a party submit prior Departmental final decisions?

Representatives

§ 4.1010 - Who may represent a party, and what requirements apply to a representative?

Docketing, Intervention, Prehearing Conferences, and Summary Decision

§ 4.1020 - What will DCHD do upon receiving the election of hearing from a petitioner?

§ 4.1021 - What are the requirements for motions for intervention and responses?

§ 4.1022 - How are prehearing conferences conducted?

§ 4.1023 - What are the requirements for motions for recommended summary decision, responses, and issuance of a recommended summary decision?

Information Disclosure

§ 4.1030 - What are the requirements for OFA's witness and exhibit list?

§ 4.1031 - Under what circumstances will the ALJ authorize a party to obtain discovery of information?

§ 4.1032 - When must a party supplement or amend information?

§ 4.1033 - Under what circumstances will the ALJ authorize a party to depose a witness to preserve testimony?

§ 4.1034 - What are the procedures for limiting disclosure of information which is confidential or exempt by law from public disclosure?

§ 4.1035 - What are the requirements for subpoenas and witness fees?

General Provisions

§ 4.1001 - What terms are used in this subpart?

§ 4.1002 - What is the purpose of this subpart?

§ 4.1003 - Which rules of procedure and practice apply?

§ 4.1004 - How are time periods computed?

Motions

§ 4.1018 - What are the requirements for motions?

Hearing, Briefing, and Recommended Decision

§ 4.1040 - When and where will the hearing be held?

§ 4.1041 - What are the parties' rights during the hearing?

§ 4.1042 - Who may testify?

§ 4.1043 - What are the methods for testifying?

§ 4.1044 - How may a party use a deposition in the hearing?

§ 4.1045 - What are the requirements for exhibits, official notice, and stipulations?

§ 4.1046 - What evidence is admissible at the hearing?

§ 4.1047 - What are the requirements for transcription of the hearing?

§ 4.1048 - What is the standard of proof?

§ 4.1049 - When will the hearing record close?

§ 4.1050 - What are the requirements for post-hearing briefs?

§ 4.1051 - What are the requirements for the ALJ's recommended decision?

Subpart L - Special Rules Applicable to Surface Coal Mining Hearings and Appeals

Expedited Review of Section 521(a)(2) or 521(a)(3) Orders of Cessation

§ 4.1180 - Purpose.

§ 4.1181 - Who may file.

§ 4.1182 - Where to file.

§ 4.1183 - Time for filing.

§ 4.1184 - Contents of application.

§ 4.1185 - Computation of time for decision.

§ 4.1186 - Waiver of the 30-day decision requirement.

§ 4.1187 - Procedure if 30-day decision requirement is not waived.

Proceedings for Suspension or Revocation of Permits Under Section 521(a)(4)of the Act

Appeals to the Board from Decisions of the Office of Surface Mining

§ 4.1280 - Scope.

§ 4.1281 - Who may appeal.

§ 4.1282 - Appeals; how taken.

§ 4.1283 - Service.

§ 4.1284 - Answer.

§ 4.1285 - Summary dismissal.

§ 4.1286 - Motion for a hearing on an appeal involving issues of fact.

§ 4.1287 - Action by administrative law judge.

Petitions for Review of Proposed Individual Civil Penalty Assessments Under Section 518(F) of the Act

§ 4.1300 - Scope.

§ 4.1301 - Who may file.

§ 4.1302 - Time for filing.

§ 4.1303 - Contents and service of petition.

§ 4.1304 - Answer, motion, or statement of OSM.

§ 4.1305 - Amendment of petition.

§ 4.1306 - Notice of hearing.

§ 4.1307 - Elements; burdens of proof.

§ 4.1308 - Decision by administrative law judge.

§ 4.1309 - Petition for discretionary review.

Proceedings for Suspension or Revocation of Permits Under Section 521(a)(4) of the Act

§ 4.1190 - Initiation of proceedings.

§ 4.1191 - Answer.

§ 4.1192 - Contents of answer.

§ 4.1193 - Notice of hearing.

§ 4.1194 - Burden of proof in suspension or revocation proceedings.

§ 4.1195 - Determination by the administrative law judge.

§ 4.1196 - Summary disposition.

§ 4.1197 - Appeals.

Petitions for Award of Costs and Expenses Under Section 525(e)of the Act

Review of Office of Surface Mining Written Decisions Concerning Ownership or Control Challenges

§ 4.1380 - Scope.

§ 4.1381 - Who may file; when to file; where to file.

§ 4.1382 - Contents of request for review; response to request; amendment of request.

§ 4.1383 - Hearing.

§ 4.1384 - Burdens of proof.

§ 4.1385 - Time for initial decision.

§ 4.1386 - Petition for temporary relief from decision; appeals from decisions granting or denying temporary relief.

§ 4.1387 - Petition for discretionary review of initial decisions.

Review of Decisions of the Office of Surface Mining Suspending or Rescinding Improvidently Issued Permits

Petitions for Award of Costs and Expenses Under Section 525(E) of the Act

§ 4.1290 - Who may file.

§ 4.1291 - Where to file; time for filing.

§ 4.1292 - Contents of petition.

§ 4.1293 - Answer.

§ 4.1294 - Who may receive an award.

§ 4.1295 - Awards.

§ 4.1296 - Appeals.

Review of OSM Decisions Proposing to Suspend or Rescind or Suspending or Rescinding Improvidently Issued Permits

§ 4.1370 - Scope.

§ 4.1371 - Who may file, where to file, when to file.

§ 4.1372 - Contents of request for review, response to request, amendment of request.

§ 4.1373 - Hearing.

§ 4.1374 - Burdens of proof.

§ 4.1375 - Time for initial decision.

§ 4.1376 - 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.

§ 4.1377 - Petition for discretionary review of initial decision.

Applications for Review of Alleged Discriminatory Acts Under Section 703 of the Act

§ 4.1200 - Filing of the application for review with the Office of Hearings and Appeals.

§ 4.1201 - Request for scheduling of a hearing.

§ 4.1202 - Response to request for the scheduling of a hearing.

§ 4.1203 - Application for temporary relief from alleged discriminatory acts.

§ 4.1204 - Determination by administrative law judge.

§ 4.1205 - Appeals.

General Provisions

§ 4.1100 - Definitions.

§ 4.1101 - Jurisdiction of the Board.

§ 4.1102 - Construction.

§ 4.1103 - Eligibility to practice.

§ 4.1104 - General rules relating to procedure and practice.

§ 4.1105 - Parties.

§ 4.1106 - Hearing sites.

§ 4.1107 - Filing of documents.

§ 4.1108 - Form of documents.

§ 4.1109 - Service.

§ 4.1110 - Intervention.

§ 4.1111 - Voluntary dismissal.

§ 4.1112 - Motions.

§ 4.1113 - Consolidation of proceedings.

§ 4.1114 - Advancement of proceedings.

§ 4.1115 - Waiver of right to hearing.

§ 4.1116 - Status of notices of violation and orders of cessation pending review by the Office of Hearings and Appeals.

§ 4.1117 - Reconsideration.

Expedited Review of Section 521(a)(2)or 521(a)(3) Orders of Cessation

Review of Office of Surface Mining Written Decisions Concerning Ownership and Control

Applications for Review of Alleged Discriminatory Acts Under Section 703of the Act

Applications for Temporary Relief

§ 4.1260 - Scope.

§ 4.1261 - When to file.

§ 4.1262 - Where to file.

§ 4.1263 - Contents of application.

§ 4.1264 - Response to application.

§ 4.1265 - Determination on application concerning a notice of violation issued pursuant to section 521(a)(3) of the act.

§ 4.1266 - Determination on application concerning an order of cessation.

§ 4.1267 - Appeals.

Review of Section 521Notices of Violation and Orders of Cessation

Request for Review of OSM Determinations of Issues Under 30CFR Part 761 (Federal Program; Federal Lands Program; Federal Program for Indian Lands)

Discovery

§ 4.1130 - Discovery methods.

§ 4.1131 - Time for discovery.

§ 4.1132 - Scope of discovery.

§ 4.1133 - Sequence and timing of discovery.

§ 4.1134 - Supplementation of responses.

§ 4.1135 - Motion to compel discovery.

§ 4.1136 - Failure to comply with orders compelling discovery.

§ 4.1137 - Depositions upon oral examination or upon written questions.

§ 4.1138 - Use of depositions.

§ 4.1139 - Written interrogatories to parties.

§ 4.1140 - Production of documents and things and entry upon land for inspection and other purposes.

§ 4.1141 - Admissions.

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 - Scope.

§ 4.1361 - Who may file.

§ 4.1362 - Where to file; when to file.

§ 4.1363 - Contents of request; amendment of request; responses.

§ 4.1364 - Time for hearing; notice of hearing; extension of time for hearing.

§ 4.1365 - Status of decision pending administrative review.

§ 4.1366 - Burdens of proof.

§ 4.1367 - Request for temporary relief.

§ 4.1368 - Determination by the Administrative Law Judge.

§ 4.1369 - Petition for discretionary review; judicial review.

Review of Section 521 Notices of Violation and Orders of Cessation

§ 4.1160 - Scope.

§ 4.1161 - Who may file.

§ 4.1162 - Time for filing.

§ 4.1163 - Effect of failure to file.

§ 4.1164 - Contents of application.

§ 4.1165 - Answer.

§ 4.1166 - Contents of answer.

§ 4.1167 - Notice of hearing.

§ 4.1168 - Amendments to pleadings.

§ 4.1169 - Failure to state a claim.

§ 4.1170 - Related notices or orders.

§ 4.1171 - Burden of proof in review of section 521 notices or orders.

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 - Scope.

§ 4.1351 - Preliminary finding by OSM.

§ 4.1352 - Who may file; where to file; when to file.

§ 4.1353 - Contents of request.

§ 4.1354 - Determination by the administrative law judge.

§ 4.1355 - Burden of proof.

§ 4.1356 - Appeals.

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)

Petitions for Review of Proposed Individual Civil Penalty Assessments Under Section 518(f)of the Act

Appeals to the Board from Decisions or Orders of Administrative Law Judges

§ 4.1270 - Petition for discretionary review of a proposed civil penalty.

§ 4.1271 - Notice of appeal.

§ 4.1272 - Interlocutory appeals.

§ 4.1273 - Briefs.

§ 4.1274 - Remand.

§ 4.1275 - Final decisions.

§ 4.1276 - Reconsideration.

Petitions for Review of Proposed Assessments of Civil Penalties

§ 4.1150 - Who may file.

§ 4.1151 - Time for filing.

§ 4.1152 - Contents of petition; payment required.

§ 4.1153 - Answer.

§ 4.1154 - Review of waiver determination.

§ 4.1155 - Burdens of proof in civil penalty proceedings.

§ 4.1156 - Summary disposition.

§ 4.1157 - Determination by administrative law judge.

§ 4.1158 - Appeals.

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 - Scope.

§ 4.1391 - Who may file; where to file; when to file; filing of administrative record.

§ 4.1392 - Contents of request; amendment of request; responses.

§ 4.1393 - Status of decision pending administrative review.

§ 4.1394 - Burden of proof.

Evidentiary Hearings

§ 4.1120 - Presiding officers.

§ 4.1121 - Powers of administrative law judges.

§ 4.1122 - Conduct of administrative law judges.

§ 4.1123 - Notice of hearing.

§ 4.1124 - Certification of interlocutory ruling.

§ 4.1125 - Summary decision.

§ 4.1126 - Proposed findings of fact and conclusions of law.

§ 4.1127 - Initial orders and decisions.

§ 4.1128 - Effect of initial order or decision.

§ 4.1129 - Certification of record.

Subpart M - Special Procedural Rules Applicable to Appeals of Decisions Made Under OMB Circular A-76

§ 4.1600 - Purpose and nature of the appeal process.

§ 4.1601 - Basis for appeal.

§ 4.1602 - Who may appeal under this procedure.

§ 4.1603 - Appeal period.

§ 4.1604 - Method of filing an appeal.

§ 4.1605 - Action by the Office of Hearings and Appeals.

§ 4.1606 - Department representation.

§ 4.1607 - Processing the appeal.

§ 4.1608 - Oral presentations.

§ 4.1609 - Multiple appeals.

§ 4.1610 - Decision of the appeals official.