Part 4 - DEPARTMENT HEARINGS AND APPEALS PROCEDURES  


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.
§ 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 [Reserved]
Subpart D — Rules Applicable in Indian Affairs Hearings and Appeals
§ 4.200 How to use this subpart.
§ 4.201 Definitions.
§ 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.
§ 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?
§ 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.
§ 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.
§§ 4.202-4.308 [Reserved]
Subpart E — Special Rules Applicable to Public Land Hearings and Appeals
§ 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.
§ 4.400 Definitions.
§ 4.401 Documents.
§ 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.
§ 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.
§ 4.420 Applicability of general rules.
§ 4.421 Definitions.
§ 4.422 Documents.
§ 4.423 Subpoena power and witness provisions.
§ 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.
§ 4.450 Private contests and protests.
§ 4.451 Government contests.
§ 4.452 Proceedings before the administrative law judge.
§ 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.
§ 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.
Subpart F — Implementation of the Equal Access to Justice Act in Agency Proceedings
§ 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?
§ 4.610 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?
§ 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?
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 Pleadings.
§ 4.704 Decisions on appeals.
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
§ 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.
§ 4.806 Designation.
§ 4.807 Authority and responsibilities.
§ 4.808 Participation by a party.
§ 4.809 Determination of parties.
§ 4.810 Complainants not parties.
§ 4.811 Determination and participation of amici.
§ 4.812 Form.
§ 4.813 Filing and service.
§ 4.814 Certificate of service.
§ 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.
§ 4.833 Prehearing conferences.
§ 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.
§ 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.
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
§ 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?
§ 4.1010 Who may represent a party, and what requirements apply to a representative?
§ 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?
§ 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?
§ 4.1018 What are the requirements for motions?
§ 4.1019 How may a party submit prior Departmental final decisions?
§ 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?
§ 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?
§ 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
§ 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.
§ 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.
§ 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.
§ 4.1150 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.
§ 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.
§ 4.1180 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 4.1280 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
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.

Authority

5 U.S.C. 301, 503–504; 25 U.S.C. 9, 372–74, 410, 2201 et seq. ; 43 U.S.C. 1201, 1457; Pub. L. 99–264, 100 Stat. 61, as amended.

Source

36 FR 7186, Apr. 15, 1971, unless otherwise noted.