Part 4 — Department of the Interior Hearings and Appeals Procedures
Subpart A — General Information and Authorities—Office of Hearings and Appeals
Subpart B — General Rules Relating to Procedures and Practice
- § 4.20— Purpose and scope.
- § 4.21— Exhaustion and finality.
- § 4.22— Retention of documents; record address; and extensions of time.
- § 4.23— Hearings or related proceedings.
- § 4.24— Basis of decision.
- § 4.25— Oral argument and status conferences.
- § 4.26— Subpoena power and witness provisions for probate proceedings.
- § 4.27— Ex parte communication and disqualification.
- § 4.28— Interlocutory appeals.
- § 4.29— Disqualification of presiding officers and board members.
- § 4.30— Alternative dispute resolution.
- § 4.31— Limiting disclosure of confidential information.
- § 4.32— Filing; service; issuance.
Subpart C — Rules Applicable to Proceedings Before the Departmental Cases Hearings Division
- § 4.100— Purpose and scope.
- § 4.101— Definitions.
- § 4.102— Filing, service, and issuance.
- § 4.103— Document formatting.
- § 4.104— Prehearing conferences.
- § 4.105— Prehearing motions.
- § 4.106— Extension of time.
- § 4.107— Consolidation and severance.
- § 4.108— Intervention and amicus curiae.
- § 4.109— Notice of appearance; substitution of attorneys; and attorney withdrawal.
- § 4.110— Voluntary withdrawal and stipulated dismissal.
- § 4.111— Summary judgment.
- § 4.112— Discovery generally.
- § 4.113— Interrogatories.
- § 4.114— Requests for production.
- § 4.115— Requests for admission.
- § 4.116— Depositions.
- § 4.117— Supplementation or correction.
- § 4.118— Motion to compel.
- § 4.119— Sanctions for failure to comply with a discovery order.
- § 4.120— Subpoenas.
- § 4.121— Case management.
- § 4.122— Interlocutory appeal.
- § 4.123— Alternative dispute resolution.
- § 4.124— Hearing scheduling.
- § 4.125— Hearing postponements.
- § 4.126— Hearing procedures generally.
- § 4.127— Evidence.
- § 4.128— Transcripts and reporting.
- § 4.129— Decision.
- § 4.130— Reconsideration.
- § 4.131— Appeal and review.
- § 4.150— Procedures for hearing referrals.
- § 4.151— Resolution of hearing referrals.
- § 4.160— Private contests; initiation of a private contest.
- § 4.161— Private contests; protests.
- § 4.162— Private contests; complaint.
- § 4.163— Private contests; service.
- § 4.164— Private contests; answer to complaint.
- § 4.165— Government contests; initiation of a Government contest.
- § 4.166— Government contests; complaint and service.
- § 4.167— Government contests; answer to complaint.
- § 4.168— Proceedings before administrative law judge.
- § 4.169— Appeal.
- § 4.170— Appealing a grazing decision.
- § 4.171— Petitions for stay.
- § 4.172— BLM document filing requirements and initial disclosures.
- § 4.173— Adjudication of grazing appeal.
- § 4.174— Effect of decision pending appeal; exhaustion and finality.
- § 4.175— Appeal and review.
Subpart D — Rules Applicable to Appeals Before the Interior Board of Indian Appeals
- § 4.200— How to use this subpart.
- § 4.201— Definitions.
- § 4.310— Documents; filing, service, computing time, and extensions.
- § 4.311— Briefs on appeal.
- § 4.312— Board decisions.
- § 4.313— Amicus curiae; intervention; joinder motions.
- § 4.314— Effect of decision pending appeal and 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 probate judge's order?
- § 4.321— How do I appeal a probate judge's 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 and objections to the administrative record.
- § 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.
Subpart E — Rules Applicable to Appeals Before the Interior Board of Land Appeals
- § 4.400— Scope of rules.
- § 4.401— Definitions.
- § 4.402— Who may appeal; decisions not subject to appeal.
- § 4.403— How to appeal.
- § 4.404— Effect of appeal.
- § 4.405— Effect of decision pending appeal; petitions for stay.
- § 4.406— Record on appeal.
- § 4.407— Filing, service, deadline computations, and issuance.
- § 4.408— Document formatting requirements.
- § 4.409— Motions.
- § 4.410— Briefs.
- § 4.411— Management of appeals.
- § 4.412— Affirming without opinion.
- § 4.413— Scope of review and burden to show error.
- § 4.414— Interlocutory appeals of ALJ orders.
- § 4.415— Petition for reconsideration.
- § 4.416— Appeals of wildfire management decisions.
- § 4.417— Coordination with judicial review.
- § 4.418— Precedential effect of decisions and orders.
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 — Rules Applicable to Proceedings before the Director
Subpart H — Specific Rules Applicable to White Earth Reservation Land Settlement Act Proceedings
- § 4.710— What is this subpart's authority and scope?
- § 4.711— To what extent do other regulations and OHA Standing Orders apply?
- § 4.712— What definitions apply to this subpart?
- § 4.713— What law governs the determination of heirs?
- § 4.714— What authority does the presiding officer have during the determination process?
- § 4.715— How may minors or other legal incompetents be represented?
- § 4.720— Where and how must documents be filed with the presiding officer?
- § 4.721— When is a filing with the presiding officer timely?
- § 4.722— To whom will a presiding officer issue a notice, order, or decision?
- § 4.723— By what means may the presiding officer issue a notice, order, or decision?
- § 4.724— How will issuance of a presiding officer's notice, order, or decision be documented?
- § 4.730— How does the Project Director commence the determination process?
- § 4.731— What evidence must the Project Director file with the presiding officer?
- § 4.732— What will the presiding officer do after receiving the evidence filed by the Project Director?
- § 4.740— What will a preliminary decision include?
- § 4.741— How will notification of the preliminary decision be provided?
- § 4.742— What evidence of posting of the notice of preliminary decision must be filed with the presiding officer?
- § 4.743— What are the filing requirements for objecting to a preliminary decision and requesting a hearing?
- § 4.744— What happens if no timely objection to the preliminary decision is filed?
- § 4.745— What happens if an objection to the preliminary decision is filed?
- § 4.750— What must the final decision determining decedent's heirs contain?
- § 4.751— What happens to the determination process record and what must it include?
- § 4.760— How can a final decision be challenged?
- § 4.761— What are the requirements for filing a petition for reconsideration?
- § 4.762— Does any distribution of the estate occur while a petition for reconsideration is pending?
- § 4.763— How will the presiding officer decide a petition for reconsideration?
- § 4.764— What will the order upon reconsideration contain?
- § 4.765— How can an order upon reconsideration be challenged?
- § 4.770— What are the methods and standards for reopening a closed case?
- § 4.771— When must a petition for reopening be filed?
- § 4.772— What must be included in a petition for reopening?
- § 4.773— What is not appropriate for a petition for reopening?
- § 4.774— How will the presiding officer decide a petition for reopening?
- § 4.775— How will the presiding officer decide a case reopened on their own initiative?
- § 4.776— What will the order upon reopening contain?
- § 4.777— What happens to the record after the presiding officer issues an order upon reopening?
- § 4.778— What are non-substantive errors in an order or decision and how may they be corrected?
- § 4.780— When will the final decision and orders upon reconsideration, reopening, or remand become final?
- § 4.781— Which presiding officer decisions or orders may be appealed and who may appeal them?
- § 4.782— What happens if a petition for reconsideration and a notice of appeal are timely filed?
- § 4.783— When and how may a presiding officer's decision or order be appealed?
- § 4.784— What are the requirements for serving the notice of appeal and statement of reasons?
- § 4.785— When will the determination process record be forwarded to the Board?
- § 4.786— What actions may the Board take to resolve a timely appeal?
- § 4.787— What happens to the record after disposition?
- § 4.790— What happens if the Board remands the case to the presiding officer?
- § 4.791— What will the order upon remand contain?
- § 4.792— What happens to the record after the presiding officer issues an order upon remand?
Subpart I — Specific Rules Applicable to Proceedings Under Part 17—Nondiscrimination of Federally Assisted Programs
- § 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 — Specific Rules Applicable to Appeals Concerning Federal Oil and Gas Royalties
- § 4.900— Scope of rules.
- § 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 administrative proceeding 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 administrative proceeding 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 — Specific Rules Applicable to Hearings Concerning the 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 — Specific Rules Applicable to Hearings and Appeals Concerning Surface Coal Mining
- § 4.1100— Scope and 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— Initial orders and decisions.
- § 4.1122— Termination of jurisdiction.
- § 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.