|
Section 4.1
|
Membership of appeals boards; decisions, functions of Chief Judges |
|
Section 4.2
|
Representation before appeals boards |
|
Section 4.3
|
Public records; locations of field offices |
|
Section 4.4
|
Power of the Secretary and Director |
|
Section 4.5
|
Purpose |
|
Section 4.20
|
General provisions |
|
Section 4.21
|
Documents |
|
Section 4.22
|
Transcript of hearings |
|
Section 4.23
|
Basis of decision |
|
Section 4.24
|
Oral argument |
|
Section 4.25
|
Subpoena power and witness provisions generally |
|
Section 4.26
|
Standards of conduct |
|
Section 4.27
|
Interlocutory appeals |
|
Section 4.28
|
Remands from courts |
|
Section 4.29
|
Information required by forms |
|
Section 4.30
|
Request for limiting disclosure of confidential information |
|
Section 4.31
|
How to use this subpart |
|
Section 4.200
|
Definitions |
|
Section 4.201
|
Documents |
|
Section 4.310
|
Briefs on appeal |
|
Section 4.311
|
Board decisions |
|
Section 4.312
|
Amicus curiae; intervention; joinder motions |
|
Section 4.313
|
Exhaustion of administrative remedies |
|
Section 4.314
|
Reconsideration of a Board decision |
|
Section 4.315
|
Remands from courts |
|
Section 4.316
|
Standards of conduct |
|
Section 4.317
|
Scope of review |
|
Section 4.318
|
Who may appeal a judge's decision or order? |
|
Section 4.320
|
How do I appeal a judge's decision or order? |
|
Section 4.321
|
What must an appeal contain? |
|
Section 4.322
|
Who receives service of the notice of appeal? |
|
Section 4.323
|
How is the record on appeal prepared? |
|
Section 4.324
|
How will the appeal be docketed? |
|
Section 4.325
|
What happens to the record after disposition? |
|
Section 4.326
|
Scope |
|
Section 4.330
|
Who may appeal |
|
Section 4.331
|
Appeal to the Board; how taken; mandatory time for filing; preparation assistance; requirement for bond |
|
Section 4.332
|
Service of notice of appeal |
|
Section 4.333
|
Extensions of time |
|
Section 4.334
|
Preparation and transmittal of record by official of the Bureau of Indian Affairs |
|
Section 4.335
|
Docketing |
|
Section 4.336
|
Action by the Board |
|
Section 4.337
|
Submission by administrative law judge of proposed findings, conclusions and recommended decision |
|
Section 4.338
|
Exceptions or comments regarding recommended decision by administrative law judge |
|
Section 4.339
|
Disposition of the record |
|
Section 4.340
|
Authority and scope |
|
Section 4.350
|
Commencement of the determination process |
|
Section 4.351
|
Determination of administrative judge and notice thereof |
|
Section 4.352
|
Record |
|
Section 4.353
|
Reconsideration or rehearing |
|
Section 4.354
|
Omitted compensation |
|
Section 4.355
|
Appeals |
|
Section 4.356
|
Guardians for minors and incompetents |
|
Section 4.357
|
Definitions |
|
Section 4.400
|
Documents |
|
Section 4.401
|
Summary dismissal |
|
Section 4.402
|
Finality of decision; reconsideration |
|
Section 4.403
|
Consolidation |
|
Section 4.404
|
Extensions of time |
|
Section 4.405
|
Intervention; amicus curiae |
|
Section 4.406
|
Motions |
|
Section 4.407
|
Who may appeal |
|
Section 4.410
|
Appeal; how taken, mandatory time limit |
|
Section 4.411
|
Statement of reasons; statement of standing; reply briefs |
|
Section 4.412
|
Service of notice of appeal |
|
Section 4.413
|
Answers |
|
Section 4.414
|
Motion for a hearing on an appeal involving questions of fact |
|
Section 4.415
|
Appeals of wildfire management decisions |
|
Section 4.416
|
Applicability of general rules |
|
Section 4.420
|
Definitions |
|
Section 4.421
|
Documents |
|
Section 4.422
|
Subpoena power and witness provisions |
|
Section 4.423
|
Prehearing conferences |
|
Section 4.430
|
Fixing of place and date for hearing; notice |
|
Section 4.431
|
Postponements |
|
Section 4.432
|
Authority of the administrative law judge |
|
Section 4.433
|
Conduct of hearing |
|
Section 4.434
|
Evidence |
|
Section 4.435
|
Reporter's fees |
|
Section 4.436
|
Copies of transcript |
|
Section 4.437
|
Action by administrative law judge |
|
Section 4.438
|
Private contests and protests |
|
Section 4.450
|
By whom private contest may be initiated |
|
Section 4.450-1
|
Protests |
|
Section 4.450-2
|
Initiation of contest |
|
Section 4.450-3
|
Complaints |
|
Section 4.450-4
|
Service |
|
Section 4.450-5
|
Answer to complaint |
|
Section 4.450-6
|
Action by manager |
|
Section 4.450-7
|
Amendment of answer |
|
Section 4.450-8
|
Government contests |
|
Section 4.451
|
How initiated |
|
Section 4.451-1
|
Proceedings in Government contests |
|
Section 4.451-2
|
Proceedings before the administrative law judge |
|
Section 4.452
|
Prehearing conferences |
|
Section 4.452-1
|
Notice of hearing |
|
Section 4.452-2
|
Postponements |
|
Section 4.452-3
|
Authority of administrative law judge |
|
Section 4.452-4
|
Conduct of hearing |
|
Section 4.452-5
|
Evidence |
|
Section 4.452-6
|
Reporter's fees |
|
Section 4.452-7
|
Findings and conclusions; decision by administrative law judge |
|
Section 4.452-8
|
Appeal to Board |
|
Section 4.452-9
|
How to appeal a final BLM grazing decision to an administrative law judge |
|
Section 4.470
|
How to petition for a stay of a final BLM grazing decision |
|
Section 4.471
|
Action on an appeal and petition for a stay |
|
Section 4.472
|
Time and place of hearing; notice; intervenors |
|
Section 4.473
|
Authority of administrative law judge |
|
Section 4.474
|
Service |
|
Section 4.475
|
Conduct of hearing; reporter's fees; transcript |
|
Section 4.476
|
Findings and conclusions; decision by administrative law judge |
|
Section 4.477
|
Appeals to the Board of Land Appeals; judicial review |
|
Section 4.478
|
Effectiveness of decision during appeal |
|
Section 4.479
|
Conditions of decision action |
|
Section 4.480
|
What is the purpose of this subpart? |
|
Section 4.601
|
What definitions apply to this subpart? |
|
Section 4.602
|
What proceedings are covered by this subpart? |
|
Section 4.603
|
When am I eligible for an award? |
|
Section 4.604
|
Under what circumstances may I receive an award? |
|
Section 4.605
|
What fees and expenses may be allowed? |
|
Section 4.606
|
What information must my application for an award contain? |
|
Section 4.610
|
What information must I include in my net worth exhibit? |
|
Section 4.611
|
What documentation of fees and expenses must I provide? |
|
Section 4.612
|
When may I file an application for an award? |
|
Section 4.613
|
How must I file and serve documents? |
|
Section 4.620
|
When may the Department or other agency file an answer? |
|
Section 4.621
|
When may I file a reply? |
|
Section 4.622
|
When may other parties file comments? |
|
Section 4.623
|
When may further proceedings be held? |
|
Section 4.624
|
How will my application be decided? |
|
Section 4.625
|
How will an appeal from a decision be handled? |
|
Section 4.626
|
May I seek judicial review of a final decision? |
|
Section 4.627
|
How will I obtain payment of an award? |
|
Section 4.628
|
Who may appeal |
|
Section 4.700
|
Notice of appeal |
|
Section 4.701
|
Transmittal of appeal file |
|
Section 4.702
|
Pleadings |
|
Section 4.703
|
Decisions on appeals |
|
Section 4.704
|
Scope and construction of rules |
|
Section 4.800
|
Suspension of rules |
|
Section 4.801
|
Definitions |
|
Section 4.802
|
Computation of time |
|
Section 4.803
|
Extensions of time |
|
Section 4.804
|
Reduction of time to file documents |
|
Section 4.805
|
Designation |
|
Section 4.806
|
Authority and responsibilities |
|
Section 4.807
|
Participation by a party |
|
Section 4.808
|
Determination of parties |
|
Section 4.809
|
Complainants not parties |
|
Section 4.810
|
Determination and participation of amici |
|
Section 4.811
|
Form |
|
Section 4.812
|
Filing and service |
|
Section 4.813
|
Certificate of service |
|
Section 4.814
|
How proceedings are commenced |
|
Section 4.815
|
Notice of hearing and response thereto |
|
Section 4.816
|
Notice of opportunity to request a hearing and response thereto |
|
Section 4.817
|
Answer |
|
Section 4.818
|
Amendment of notice or answer |
|
Section 4.819
|
Consolidated or joint hearings |
|
Section 4.820
|
Motions |
|
Section 4.821
|
Disposition of motions |
|
Section 4.822
|
Interlocutory appeals |
|
Section 4.823
|
Exhibits |
|
Section 4.824
|
Admissions as to facts and documents |
|
Section 4.825
|
Discovery |
|
Section 4.826
|
Depositions |
|
Section 4.827
|
Use of depositions at hearing |
|
Section 4.828
|
Interrogatories to parties |
|
Section 4.829
|
Production of documents and things and entry upon land for inspection and other purposes |
|
Section 4.830
|
Sanctions |
|
Section 4.831
|
Consultation and advice |
|
Section 4.832
|
Prehearing conferences |
|
Section 4.833
|
Purpose |
|
Section 4.834
|
Evidence |
|
Section 4.835
|
Official notice |
|
Section 4.836
|
Testimony |
|
Section 4.837
|
Objections |
|
Section 4.838
|
Exceptions |
|
Section 4.839
|
Offer of proof |
|
Section 4.840
|
Official transcript |
|
Section 4.841
|
Proposed findings of fact and conclusions of law |
|
Section 4.842
|
Record for decision |
|
Section 4.843
|
Notification of right to file exceptions |
|
Section 4.844
|
Final review by Secretary |
|
Section 4.845
|
What is the purpose of this subpart? |
|
Section 4.901
|
What appeals are subject to this subpart? |
|
Section 4.902
|
What definitions apply to this subpart? |
|
Section 4.903
|
When does my appeal commence and end? |
|
Section 4.904
|
What if a due date falls on a day the Department or relevant office is not open for business? |
|
Section 4.905
|
What if the Department does not issue a decision by the date my appeal ends? |
|
Section 4.906
|
What if an IBLA decision requires ONRR or a delegated State to recalculate royalties or other payments? |
|
Section 4.907
|
What is the administrative record for my appeal if it is deemed decided? |
|
Section 4.908
|
How do I request an extension of time? |
|
Section 4.909
|
What terms are used in this subpart? |
|
Section 4.1001
|
What is the purpose of this subpart? |
|
Section 4.1002
|
Which rules of procedure and practice apply? |
|
Section 4.1003
|
How are time periods computed? |
|
Section 4.1004
|
Who may represent a party, and what requirements apply to a representative? |
|
Section 4.1010
|
What are the form and content requirements for documents under this subpart? |
|
Section 4.1011
|
Where and how must documents be filed? |
|
Section 4.1012
|
How must documents be served? |
|
Section 4.1013
|
What are the powers of the ALJ? |
|
Section 4.1014
|
What happens if the ALJ becomes unavailable? |
|
Section 4.1015
|
When can an ALJ be disqualified? |
|
Section 4.1016
|
Are ex parte communications allowed? |
|
Section 4.1017
|
What are the requirements for motions? |
|
Section 4.1018
|
How may a party submit prior Departmental final decisions? |
|
Section 4.1019
|
What will DCHD do upon receiving the election of hearing from a petitioner? |
|
Section 4.1020
|
What are the requirements for motions for intervention and responses? |
|
Section 4.1021
|
How are prehearing conferences conducted? |
|
Section 4.1022
|
What are the requirements for motions for recommended summary decision, responses, and issuance of a recommended summary |
|
Section 4.1023
|
What are the requirements for OFA's witness and exhibit list? |
|
Section 4.1030
|
Under what circumstances will the ALJ authorize a party to obtain discovery of information? |
|
Section 4.1031
|
When must a party supplement or amend information? |
|
Section 4.1032
|
Under what circumstances will the ALJ authorize a party to depose a witness to preserve testimony? |
|
Section 4.1033
|
What are the procedures for limiting disclosure of information which is confidential or exempt by law from public |
|
Section 4.1034
|
What are the requirements for subpoenas and witness fees? |
|
Section 4.1035
|
When and where will the hearing be held? |
|
Section 4.1040
|
What are the parties' rights during the hearing? |
|
Section 4.1041
|
Who may testify? |
|
Section 4.1042
|
What are the methods for testifying? |
|
Section 4.1043
|
How may a party use a deposition in the hearing? |
|
Section 4.1044
|
What are the requirements for exhibits, official notice, and stipulations? |
|
Section 4.1045
|
What evidence is admissible at the hearing? |
|
Section 4.1046
|
What are the requirements for transcription of the hearing? |
|
Section 4.1047
|
What is the standard of proof? |
|
Section 4.1048
|
When will the hearing record close? |
|
Section 4.1049
|
What are the requirements for post-hearing briefs? |
|
Section 4.1050
|
What are the requirements for the ALJ's recommended decision? |
|
Section 4.1051
|
Definitions |
|
Section 4.1100
|
Jurisdiction of the Board |
|
Section 4.1101
|
Construction |
|
Section 4.1102
|
Eligibility to practice |
|
Section 4.1103
|
General rules relating to procedure and practice |
|
Section 4.1104
|
Parties |
|
Section 4.1105
|
Hearing sites |
|
Section 4.1106
|
Filing of documents |
|
Section 4.1107
|
Form of documents |
|
Section 4.1108
|
Service |
|
Section 4.1109
|
Intervention |
|
Section 4.1110
|
Voluntary dismissal |
|
Section 4.1111
|
Motions |
|
Section 4.1112
|
Consolidation of proceedings |
|
Section 4.1113
|
Advancement of proceedings |
|
Section 4.1114
|
Waiver of right to hearing |
|
Section 4.1115
|
Status of notices of violation and orders of cessation pending review by the Office of Hearings and Appeals |
|
Section 4.1116
|
Reconsideration |
|
Section 4.1117
|
Presiding officers |
|
Section 4.1120
|
Powers of administrative law judges |
|
Section 4.1121
|
Conduct of administrative law judges |
|
Section 4.1122
|
Notice of hearing |
|
Section 4.1123
|
Certification of interlocutory ruling |
|
Section 4.1124
|
Summary decision |
|
Section 4.1125
|
Proposed findings of fact and conclusions of law |
|
Section 4.1126
|
Initial orders and decisions |
|
Section 4.1127
|
Effect of initial order or decision |
|
Section 4.1128
|
Certification of record |
|
Section 4.1129
|
Discovery methods |
|
Section 4.1130
|
Time for discovery |
|
Section 4.1131
|
Scope of discovery |
|
Section 4.1132
|
Sequence and timing of discovery |
|
Section 4.1133
|
Supplementation of responses |
|
Section 4.1134
|
Motion to compel discovery |
|
Section 4.1135
|
Failure to comply with orders compelling discovery |
|
Section 4.1136
|
Depositions upon oral examination or upon written questions |
|
Section 4.1137
|
Use of depositions |
|
Section 4.1138
|
Written interrogatories to parties |
|
Section 4.1139
|
Production of documents and things and entry upon land for inspection and other purposes |
|
Section 4.1140
|
Admissions |
|
Section 4.1141
|
Who may file |
|
Section 4.1150
|
Time for filing |
|
Section 4.1151
|
Contents of petition; payment required |
|
Section 4.1152
|
Answer |
|
Section 4.1153
|
Review of waiver determination |
|
Section 4.1154
|
Burdens of proof in civil penalty proceedings |
|
Section 4.1155
|
Summary disposition |
|
Section 4.1156
|
Determination by administrative law judge |
|
Section 4.1157
|
Appeals |
|
Section 4.1158
|
Scope |
|
Section 4.1160
|
Who may file |
|
Section 4.1161
|
Time for filing |
|
Section 4.1162
|
Effect of failure to file |
|
Section 4.1163
|
Contents of application |
|
Section 4.1164
|
Answer |
|
Section 4.1165
|
Contents of answer |
|
Section 4.1166
|
Notice of hearing |
|
Section 4.1167
|
Amendments to pleadings |
|
Section 4.1168
|
Failure to state a claim |
|
Section 4.1169
|
Related notices or orders |
|
Section 4.1170
|
Burden of proof in review of section 521 notices or orders |
|
Section 4.1171
|
Purpose |
|
Section 4.1180
|
Who may file |
|
Section 4.1181
|
Where to file |
|
Section 4.1182
|
Time for filing |
|
Section 4.1183
|
Contents of application |
|
Section 4.1184
|
Computation of time for decision |
|
Section 4.1185
|
Waiver of the 30-day decision requirement |
|
Section 4.1186
|
Procedure if 30-day decision requirement is not waived |
|
Section 4.1187
|
Initiation of proceedings |
|
Section 4.1190
|
Answer |
|
Section 4.1191
|
Contents of answer |
|
Section 4.1192
|
Notice of hearing |
|
Section 4.1193
|
Burden of proof in suspension or revocation proceedings |
|
Section 4.1194
|
Determination by the administrative law judge |
|
Section 4.1195
|
Summary disposition |
|
Section 4.1196
|
Appeals |
|
Section 4.1197
|
Filing of the application for review with the Office of Hearings and Appeals |
|
Section 4.1200
|
Request for scheduling of a hearing |
|
Section 4.1201
|
Response to request for the scheduling of a hearing |
|
Section 4.1202
|
Application for temporary relief from alleged discriminatory acts |
|
Section 4.1203
|
Determination by administrative law judge |
|
Section 4.1204
|
Appeals |
|
Section 4.1205
|
Scope |
|
Section 4.1260
|
When to file |
|
Section 4.1261
|
Where to file |
|
Section 4.1262
|
Contents of application |
|
Section 4.1263
|
Response to application |
|
Section 4.1264
|
Determination on application concerning a notice of violation issued pursuant to section 521(a)(3) of the act |
|
Section 4.1265
|
Determination on application concerning an order of cessation |
|
Section 4.1266
|
Appeals |
|
Section 4.1267
|
Petition for discretionary review of a proposed civil penalty |
|
Section 4.1270
|
Notice of appeal |
|
Section 4.1271
|
Interlocutory appeals |
|
Section 4.1272
|
Briefs |
|
Section 4.1273
|
Remand |
|
Section 4.1274
|
Final decisions |
|
Section 4.1275
|
Scope |
|
Section 4.1280
|
Who may appeal |
|
Section 4.1281
|
Appeals; how taken |
|
Section 4.1282
|
Service |
|
Section 4.1283
|
Answer |
|
Section 4.1284
|
Summary dismissal |
|
Section 4.1285
|
Motion for a hearing on an appeal involving issues of fact |
|
Section 4.1286
|
Action by administrative law judge |
|
Section 4.1287
|
Who may file |
|
Section 4.1290
|
Where to file; time for filing |
|
Section 4.1291
|
Contents of petition |
|
Section 4.1292
|
Answer |
|
Section 4.1293
|
Who may receive an award |
|
Section 4.1294
|
Awards |
|
Section 4.1295
|
Appeals |
|
Section 4.1296
|
Scope |
|
Section 4.1300
|
Who may file |
|
Section 4.1301
|
Time for filing |
|
Section 4.1302
|
Contents and service of petition |
|
Section 4.1303
|
Answer, motion, or statement of OSM |
|
Section 4.1304
|
Amendment of petition |
|
Section 4.1305
|
Notice of hearing |
|
Section 4.1306
|
Elements; burdens of proof |
|
Section 4.1307
|
Decision by administrative law judge |
|
Section 4.1308
|
Petition for discretionary review |
|
Section 4.1309
|
Scope |
|
Section 4.1350
|
Preliminary finding by OSM |
|
Section 4.1351
|
Who may file; where to file; when to file |
|
Section 4.1352
|
Contents of request |
|
Section 4.1353
|
Determination by the administrative law judge |
|
Section 4.1354
|
Burden of proof |
|
Section 4.1355
|
Appeals |
|
Section 4.1356
|
Scope |
|
Section 4.1360
|
Who may file |
|
Section 4.1361
|
Where to file; when to file |
|
Section 4.1362
|
Contents of request; amendment of request; responses |
|
Section 4.1363
|
Time for hearing; notice of hearing; extension of time for hearing |
|
Section 4.1364
|
Status of decision pending administrative review |
|
Section 4.1365
|
Burdens of proof |
|
Section 4.1366
|
Request for temporary relief |
|
Section 4.1367
|
Determination by the Administrative Law Judge |
|
Section 4.1368
|
Petition for discretionary review; judicial review |
|
Section 4.1369
|
Scope |
|
Section 4.1370
|
Who may file, where to file, when to file |
|
Section 4.1371
|
Contents of request for review, response to request, amendment of request |
|
Section 4.1372
|
Hearing |
|
Section 4.1373
|
Burdens of proof |
|
Section 4.1374
|
Time for initial decision |
|
Section 4.1375
|
Petition for temporary relief from notice of proposed suspension or rescission or notice of suspension or rescission; appeals |
|
Section 4.1376
|
Petition for discretionary review of initial decision |
|
Section 4.1377
|
Scope |
|
Section 4.1380
|
Who may file; when to file; where to file |
|
Section 4.1381
|
Contents of request for review; response to request; amendment of request |
|
Section 4.1382
|
Hearing |
|
Section 4.1383
|
Burdens of proof |
|
Section 4.1384
|
Time for initial decision |
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Section 4.1385
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Petition for temporary relief from decision; appeals from decisions granting or denying temporary relief |
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Section 4.1386
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Petition for discretionary review of initial decisions |
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Section 4.1387
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Scope |
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Section 4.1390
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Who may file; where to file; when to file; filing of administrative record |
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Section 4.1391
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Contents of request; amendment of request; responses |
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Section 4.1392
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Status of decision pending administrative review |
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Section 4.1393
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Burden of proof |
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Section 4.1394
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Purpose and nature of the appeal process |
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Section 4.1600
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Basis for appeal |
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Section 4.1601
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Who may appeal under this procedure |
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Section 4.1602
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Appeal period |
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Section 4.1603
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Method of filing an appeal |
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Section 4.1604
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Action by the Office of Hearings and Appeals |
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Section 4.1605
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Department representation |
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Section 4.1606
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Processing the appeal |
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Section 4.1607
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Oral presentations |
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Section 4.1608
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Multiple appeals |
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Section 4.1609
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Decision of the appeals official |
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Section 4.1610
|
What does this subpart cover? |