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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of January 4, 2010
TITLE 43--Public Lands: Interior
Subtitle A--OFFICE OF THE SECRETARY OF THE INTERIOR
PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart A--GENERAL; OFFICE OF HEARINGS AND APPEALS
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| Scope of authority; applicable regulations. |
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| Membership of appeals boards; decisions, functions of Chief Judges. |
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| Representation before appeals boards. |
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| Public records; locations of field offices. |
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| Power of the Secretary and Director. |
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Subpart B--GENERAL RULES RELATING TO PROCEDURES AND PRACTICE
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| Subpoena power and witness provisions generally. |
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| Information required by forms. |
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| Request for limiting disclosure of confidential information. |
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Subpart C--SPECIAL RULES OF PRACTICE BEFORE THE INTERIOR BOARD OF CONTRACT APPEALS
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| General rules and guidelines. |
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| Forwarding and docketing of appeals. |
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| Preparation, organization, transmittal, and status of appeal file. |
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| Dismissal for lack of jurisdiction. |
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| Representation and appearances. |
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| Amendments of pleadings or record. |
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| Prehearing or presubmission conference. |
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| Submission without a hearing. |
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| Optional small claims (expedited) and accelerated procedures. (See 4.100(a)(2).) |
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| Interrogatories to parties; inspection of documents; admission of facts. |
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| Hearings--where and when held. |
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| Subpoenas. (See 4.100(a)(2).) |
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| Unexcused absence of a party. |
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| Examination of witnesses. |
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| Motions for reconsideration. |
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Subpart D--RULES APPLICABLE IN INDIAN AFFAIRS HEARINGS AND APPEALS
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| Amicus curiae; intervention; joinder motions. |
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| Exhaustion of administrative remedies. |
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| Reconsideration of a Board decision. |
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| Who may appeal a judge's decision or order? |
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| How do I appeal a judge's decision or order? |
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| What must an appeal contain? |
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| Who receives service of the notice of appeal? |
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| How is the record on appeal prepared? |
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| How will the appeal be docketed? |
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| What happens to the record after disposition? |
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| Appeal to the Board; how taken; mandatory time for filing; preparation assistance; requirement for bond. |
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| Service of notice of appeal. |
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| Preparation and transmittal of record by official of the Bureau of Indian Affairs. |
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| Submission by administrative law judge of proposed findings, conclusions and recommended decision. |
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| Exceptions or comments regarding recommended decision by administrative law judge. |
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| Disposition of the record. |
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| Commencement of the determination process. |
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| Determination of administrative judge and notice thereof. |
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| Reconsideration or rehearing. |
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| Guardians for minors and incompetents. |
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Subpart E--SPECIAL RULES APPLICABLE TO PUBLIC LAND HEARINGS AND APPEALS
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| Finality of decision; reconsideration. |
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| Appeal; how taken, mandatory time limit. |
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| Statement of reasons, statement of standing, written arguments, briefs. |
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| Service of notice of appeal and of other documents. |
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| Request for hearings on appeals involving questions of fact. |
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| Appeals of wildfire management decisions. |
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| Applicability of general rules. |
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| Subpoena power and witness provisions. |
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| Fixing of place and date for hearing; notice. |
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| Authority of the administrative law judge. |
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| Action by administrative law judge. |
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| Private contests and protests. |
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| By whom private contest may be initiated. |
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| Proceedings in Government contests. |
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| Proceedings before the administrative law judge. |
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| Authority of administrative law judge. |
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| Findings and conclusions; decision by administrative law judge; submission to Board for decision. |
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| How to appeal a final BLM grazing decision to an administrative law judge. |
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| How to petition for a stay of a final BLM grazing decision. |
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| Action on an appeal and petition for a stay. |
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| Time and place of hearing; notice; intervenors. |
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| Authority of administrative law judge. |
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| Conduct of hearing; reporter's fees; transcript. |
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| Findings of fact and decision by administrative law judge: Notice; submission to Board of Land Appeals for decision. |
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| Appeals to the Board of Land Appeals; judicial review. |
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| Effectiveness of decision during appeal. |
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| Conditions of decision action. |
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Subpart F--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS
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| What is the purpose of this subpart? |
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| What definitions apply to this subpart? |
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| What proceedings are covered by this subpart? |
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| When am I eligible for an award? |
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| Under what circumstances may I receive an award? |
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| What fees and expenses may be allowed? |
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| What information must my application for an award contain? |
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| What information must I include in my net worth exhibit? |
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| What documentation of fees and expenses must I provide? |
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| When may I file an application for an award? |
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| How must I file and serve documents? |
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| When may the Department or other agency file an answer? |
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| When may other parties file comments? |
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| When may further proceedings be held? |
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| How will my application be decided? |
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| How will an appeal from a decision be handled? |
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| May I seek judicial review of a final decision? |
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| How will I obtain payment of an award? |
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Subpart G--SPECIAL RULES APPLICABLE TO OTHER APPEALS AND HEARINGS
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| Transmittal of appeal file. |
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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
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| Scope and construction of rules. |
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| Reduction of time to file documents. |
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| Authority and responsibilities. |
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| Participation by a party. |
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| Determination of parties. |
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| Complainants not parties. |
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| Determination and participation of amici. |
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| How proceedings are commenced. |
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| Notice of hearing and response thereto. |
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| Notice of opportunity to request a hearing and response thereto. |
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| Amendment of notice or answer. |
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| Consolidated or joint hearings. |
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| Admissions as to facts and documents. |
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| Use of depositions at hearing. |
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| Interrogatories to parties. |
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| Production of documents and things and entry upon land for inspection and other purposes. |
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| Proposed findings of fact and conclusions of law. |
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| Notification of right to file exceptions. |
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| Final review by Secretary. |
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Subpart J--SPECIAL RULES APPLICABLE TO APPEALS CONCERNING FEDERAL OIL AND GAS ROYALTIES AND RELATED MATTERS
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| What is the purpose of this subpart? |
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| What appeals are subject to this subpart? |
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| What definitions apply to this subpart? |
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| When does my appeal commence and end? |
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| What if a due date falls on a day the Department or relevant office is not open for business? |
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| What if the Department does not issue a decision by the date my appeal ends? |
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| What if an IBLA decision requires MMS or a delegated State to recalculate royalties or other payments? |
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| What is the administrative record for my appeal if it is deemed decided? |
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| How do I request an extension of time? |
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Subpart K--[RESERVED]
Subpart L--SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS
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| Jurisdiction of the Board. |
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| General rules relating to procedure and practice. |
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| Consolidation of proceedings. |
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| Advancement of proceedings. |
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| Waiver of right to hearing. |
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| Status of notices of violation and orders of cessation pending review by the Office of Hearings and Appeals. |
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| Powers of administrative law judges. |
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| Conduct of administrative law judges. |
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| Certification of interlocutory ruling. |
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| Proposed findings of fact and conclusions of law. |
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| Initial orders and decisions. |
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| Effect of initial order or decision. |
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| Sequence and timing of discovery. |
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| Supplementation of responses. |
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| Motion to compel discovery. |
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| Failure to comply with orders compelling discovery. |
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| Depositions upon oral examination or upon written questions. |
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| Written interrogatories to parties. |
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| Production of documents and things and entry upon land for inspection and other purposes. |
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| Contents of petition; payment required. |
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| Review of waiver determination. |
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| Burdens of proof in civil penalty proceedings. |
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| Determination by administrative law judge. |
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| Effect of failure to file. |
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| Failure to state a claim. |
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| Related notices or orders. |
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| Burden of proof in review of section 521 notices or orders. |
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| Computation of time for decision. |
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| Waiver of the 30-day decision requirement. |
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| Procedure if 30-day decision requirement is not waived. |
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| Initiation of proceedings. |
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| Burden of proof in suspension or revocation proceedings. |
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| Determination by the administrative law judge. |
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| Filing of the application for review with the Office of Hearings and Appeals. |
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| Request for scheduling of a hearing. |
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| Response to request for the scheduling of a hearing. |
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| Application for temporary relief from alleged discriminatory acts. |
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| Determination by administrative law judge. |
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| Determination on application concerning a notice of violation issued pursuant to section 521(a)(3) of the act. |
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| Determination on application concerning an order of cessation. |
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| Petition for discretionary review of a proposed civil penalty. |
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| Where to file; time for filing. |
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| Who may receive an award. |
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| Contents and service of petition. |
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| Answer, motion, or statement of OSM. |
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| Elements; burdens of proof. |
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| Decision by administrative law judge. |
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| Petition for discretionary review. |
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| Preliminary finding by OSM. |
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| Who may file; where to file; when to file. |
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| Determination by the administrative law judge. |
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| Where to file; when to file. |
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| Contents of request; amendment of request; responses. |
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| Time for hearing; notice of hearing; extension of time for hearing. |
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| Status of decision pending administrative review. |
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| Request for temporary relief. |
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| Determination by the Administrative Law Judge. |
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| Petition for discretionary review; judicial review. |
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| Who may file, where to file, when to file. |
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| Contents of request for review, response to request, amendment of request. |
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| Time for initial decision. |
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| 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. |
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| Petition for discretionary review of initial decision. |
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| Who may file; when to file; where to file. |
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| Contents of request for review; response to request; amendment of request. |
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| Time for initial decision. |
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| Petition for temporary relief from decision; appeals from decisions granting or denying temporary relief. |
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| Petition for discretionary review of initial decisions. |
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| Who may file; where to file; when to file; filing of administrative record. |
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| Contents of request; amendment of request; responses. |
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| Status of decision pending administrative review. |
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Subpart M--SPECIAL PROCEDURAL RULES APPLICABLE TO APPEALS OF DECISIONS MADE UNDER OMB CIRCULAR A-76
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| Purpose and nature of the appeal process. |
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| Who may appeal under this procedure. |
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| Method of filing an appeal. |
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| Action by the Office of Hearings and Appeals. |
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| Department representation. |
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| Decision of the appeals official. |
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