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 Code of Federal Regulations (Last Updated: November 8, 2024)
 Title 43 - Public Lands: Interior
 Subtitle A - Office of the Secretary of the Interior
 Part 4 - Department Hearings and Appeals Procedures
 Subpart L - Special Rules Applicable to Surface Coal Mining Hearings and Appeals
 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)

  § 4.1369 - Petition for discretionary review; judicial review.

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  • § 4.1369 Petition for discretionary review; judicial review.

    (a) Any party aggrieved by a decision of an Administrative Law Judge may file a petition for discretionary review with the Board within 30 days of receipt of the decision or, in the alternative, may seek judicial review in accordance with 30 U.S.C. 1276(a)(2) (1982). A copy of the petition shall be served simultaneously on the Administrative Law Judge who issued the decision, who shall forthwith forward the record to the Board, and on all other parties to the proceeding.

    (b) The petition shall set forth specifically the alleged errors in the decision, with supporting argument, and shall attach a copy of the decision.

    (c) Any party may file a response to a petition for discretionary review within 20 days of receipt of the petition.

    (d) The Board shall issue a decision denying the petition or granting the petition and deciding the merits within 60 days of the deadline for filing responses.