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

§ 4.909 How do I request an extension of time?

Cross Reference

Link to an amendment published at 88 FR 5794, Jan. 30, 2023.

(a) If you are a party to an appeal subject to this subpart before the IBLA, and you need additional time after an appeal commences for any purpose, you may obtain an extension of time under this section.

(b) You must submit a written request for an extension of time before the required filing date.

(1) You must submit your request to the IBLA at Interior Board of Land Appeals, 801 North Quincy Street, Arlington, Virginia 22203, using the U.S. Postal Service, a private delivery or courier service, hand delivery or telefax to [phone]electronic transmission under the terms of OHA Standing Orders on Electronic Transmission;

(2) If you file a document by telefax, you must send an additional copy of your document to the IBLA using the U.S. Postal Service, a private delivery or courier service or hand delivery so that it is received within 5 business days of your telefax transmission.

(c) If you are an appellant, in addition to meeting the requirements of paragraph (b) of this section, you must agree in writing in your request to extend the period in which the Department must issue a final decision in your appeal under § 4.906 by the amount of time for which you are requesting an extension.

(d) If you are any other party, the IBLA may require you to submit a written agreement signed by the appellant to extend the period in which the Department must issue a final decision in the appeal under § 4.906 by the amount of time for which you are requesting an extension.

(e) The IBLA has the discretion to decline any request for an extension of time.

(f) You must serve your request on all parties to the appeal.

(g) A document may be electronically transmitted under the terms specified in the OHA Standing Orders on Electronic Transmissions.

[64 FR 26259, May 13, 1999, as amended at 67 FR 4368, Jan. 30, 2002; 88 FR 5794, Jan. 30, 2023]