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Code of Federal Regulations (Last Updated: July 5, 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 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. |
| § 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. |
| § 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. |
| 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. |