§ 4.338 Submission by administrative law judge of proposed findings, conclusions and recommended decision. (a) When an evidentiary hearing pursuant to § 4.337(a) is concluded, the administrative law judge shall make proposed findings of fact and conclusions of law, in a recommended decision, stating the reasons for such recommendations. A copy of the recommended decision shall be sent by certified mail, return receipt requested, to each party to the proceeding, to the Bureau official involved, and to the Board. Simultaneously, the entire record of the proceedings including the transcript of the hearing before the administrative law judge shall be forwarded to the Board. (b) The administrative law judge shall advise the parties at the conclusion of the recommended decision of their right to file exceptions or other comments regarding the recommended decision with the Board in accordance with § 4.339. § 4.339 Exceptions or comments regarding recommended decision by administrative law judge. Within 30 days after receipt of the recommended decision of the administrative law judge, any party may file exceptions to the decision with the Board. § 4.340 Decision by the Board. The Board shall issue a decision which shall set forth findings of fact and conclusions of law. The decision may adopt, modify, or set aside any proposed finding, conclusion or order of an administrative law judge. The decision of the Board shall be the final administrative action by the Department. The decision shall be served by certified mail on the appropriate official of the Bureau of Indian Affairs and to all interested parties. Subpart E-Special Rules Applicable to Public Land Hearings and Appeals AUTHORITY: Sections 4.470 to 4.478 of this Subpart E also issued under authority of sec. 2, 48 Stat. 1270; 43 U.S.C. 315a. CROSS REFERENCE: See Subpart A for the authority, jurisdiction and membership of the Board of Land Appeals within the As used in this subpart: (a) "Secretary" means the Secretary of the Interior or his authorized representatives. (b) "Bureau" means Bureau of Land Management. (c) "Board" means the Board of Land Appeals in the Office of Hearings and Appeals, Office of the Secretary. The terms "office" or "officer" as used in this subpart include "Board" where the context requires. (d) "Administrative law judge❞ means an administrative law judge in the Office of Hearings and Appeals, Office of the Secretary, appointed under section 3105 of Title 5 of the United States Code. (a) Grace period for filing. Whenever a document is required under this subpart to be filed within a certain time and it is not received in the proper office during that time, the delay in filing will be waived if the document is filed not later than 10 days after it was required to be filed and it is determined that the document was transmitted or probably transmitted to the office in which the filing is required before the end of the period in which it was required to be filed. Determinations under this paragraph shall be made by the officer before whom is pending the appeal in connection with which the document is required to be filed. (b) Transferees and encumbrancers. Transferees and encumbrancers of land the title to which is claimed or is in the process of acquisition under any public land law shall, upon filing notice of the transfer or encumbrance in the proper land office, become entitled to receive and be given the same notice of any appeal, or other proceeding thereafter initiated affecting such interest which is required to be given to a party to the proceeding. Every such notice of a transfer or encumbrance will be noted upon the records of the land office. Thereafter such transferee or encumbrancer must be made a party to any proceedings thereafter initiated adverse to the entry. (c) Service of documents. (1) Wherever the regulations in this subpart require that a copy of a document be served upon a person, service may be made by delivering the copy personally to him or by sending the document by registered or certified mail, return receipt requested, to his address of record in the Bureau. (2) In any case service may be proved by an acknowledgment of service signed by the person to be served. Personal service may be proved by a written statement of the person who made such service. Service by registered or certified mail may be proved by a post-office return receipt showing that the document was delivered at the person's record address or showing that the document could not be delivered to such person at his record address because he had moved therefrom without leaving a forwarding address or because delivery was refused at that address or because no such address exists. Proof of service of a copy of a document should be filed in the same office in which the document is filed except that proof of service of a notice of appeal should be filed in the office of the officer to whom the appeal is made, if the proof of service is filed later than the notice of appeal. (3) A document will be considered to have been served at the time of personal service, of delivery of a registered or certified letter, or of the return by post office of an undelivered registered or certified letter. [36 FR 7186, Apr. 15, 1971, as amended at 36 FR 15117, Aug. 13, 1971] § 4.402 Summary dismissal. An appeal to the Board will be subject to summary dismissal by the Board for any of the following causes: (a) If a statement of the reasons for the appeal is not included in the notice of appeal and is not filed within the time required; (b) If the notice of appeal is not served upon adverse parties within the time required; and (c) If the statement of reasons, if not contained in the notice of appeal, is not served upon adverse parties within the time required. (d) If the statement of standing required by § 4.412(b) is not filed with the Board or is not served upon adverse parties within the time required. [36 FR 7186, Apr. 15, 1971, as amended at 47 FR 26392, June 18, 1982] APPEALS TO THE BOARD OF LAND APPEALS § 4.410 Who may appeal. (a) Any party to a case who is adversely affected by a decision of an officer of the Bureau of Land Management or of an administrative law judge shall have a right to appeal to the Board, except (1) As otherwise provided in Group 2400 of Chapter II of this title, (2) To the extent that decisions of Bureau of Land Management officers must first be appealed to an administrative law judge under § 4.470 and Part 4100 of this title, (3) Where a decision has been approved by the Secretary, and (4) As provided in paragraph (b) of this section. (b) For decisions rendered by Departmental officials relating to land selections under the Alaska Native Claims Settlement Act, as amended, any party who claims a property interest in land affected by the decision, an agency of the Federal Government or a regional corporation shall have a right to appeal to the Board. [47 FR 26392, June 18, 1982] § 4.411 Appeal; how taken, mandatory time limit. (a) A person who wishes to appeal to the Board must file in the office of the officer who made the decision (not the Board) a notice that he wishes to appeal. A person served with the decision being appealed must transmit the notice of appeal in time for it to be filed in the office where it is required to be filed within 30 days after the date of service. If a decision is published in the FEDERAL REGISTER, a person not served with the decision must transmit a notice of appeal in time for it to be filed within 30 days after the date of publication. (b) The notice of appeal must give the serial number or other identification of the case and may include a statement of reasons for the appeal, a statement of standing if required by § 4.412(b), and any arguments the appellant wishes to make. (c) No extension of time will be granted for filing the notice of appeal. If a notice of appeal is filed after the grace period provided in § 4.401(a), the notice of appeal will not be considered and the case will be closed by the officer from whose decision the appeal is taken. If the notice of appeal is filed during the grace period provided in § 4.401(a) and the delay in filing is not waived, as provided in that section, the notice of appeal will not be considered and the appeal will be dismissed by the Board. (R.S. 2478, as amended, 43 U.S.C. 1201; sec. 25, Alaska Native Claims Settlement Act, as amended, 43 U.S.C. 1601-1628; and the Administrative Procedure Act, 5 U.S.C. 551, et seq.) [36 FR 7186, Apr. 15, 1971, as amended at 36 FR 15117, Aug. 13, 1971; 49 FR 6373, Feb. 21, 1984] § 4.412 Statement of reasons, statement of standing, written arguments, briefs. (a) If the notice of appeal did not include a statement of the reasons for the appeal, the appellant shall file such a statement with the Board (address: Board of Land Appeals, Office of Hearings and Appeals, 4015 Wilson Boulevard, Arlington, VA 22203) within 30 days after the notice of appeal was filed. In any case, the Board will permit the appellant to file additional statements of reasons and written arguments or briefs within the 30-day period after the notice of appeal was filed. (b) Where the decision being appealed relates to land selections under the Alaska Native Claims Settlement Act, as amended, the appellant also shall file with the Board a statement of facts upon which the appellant relies for standing under § 4.410(b) within 30 days after filing of the notice of appeal. The statement may be included with the notice of appeal filed pursuant to § 4.411 or the statement of reasons filed pursuant to paragraph (a) of this section or may be filed as a separate document. (c) Failure to file the statement of reasons and statement of standing within the time required will subject the appeal to summary dismissal as provided in § 4.402, unless the delay in filing is waived as provided in § 4.401(a). [47 FR 26392, June 18, 1982] § 4.413 Service of notice of appeal and of other documents. The appellant must serve a copy of the notice of appeal and of any statement of reasons, written arguments, or briefs on the Regional or Field Solicitor having jurisdiction over the State in which the appeal arose, or upon the Associate Solicitor, Division of Energy and Resources, when the appeals are taken from decisions of the Director, U.S. Geological Survey, or the Director, Bureau of Land Management, or the subject matter of the appeal involves mineral activities on the Outer Continental Shelf, Address: Associate, Regional or Field Associate Solicitor, Division of Energy and Regional Solicitor, Northeast Region, U.S. Dept. of the Interior, Suite 306, One Gateway Center, Newton Corner, MA 02158Pennsylvania, Indiana, Michigan, Minnesota, Ohio, Illinois, West Virginia, Wisconsin, Delaware, New Jersey, New York, the New England States, Maryland and Virginia. Regional Solicitor, Southeast Region, U.S. Dept. of the Interior, 75 Spring Street, S.W., Suite 1328, Atlanta, GA 30303-Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Puerto Rico and the Virgin Islands. eral Bldg., 125 South State Street, Salt Lake City, UT 84138-Utah. Regional Solicitor, Pacific Southwest Region, U.S. Dept. of the Interior, 2800 Cottage Way, Room E-2753, Sacramento, CA 95825-California, Nevada, Arizona and Hawaii. Regional Solicitor, Pacific Northwest Region, U.S. Dept. of the Interior, Lloyd 500 Bldg., Suite 607, 500 N.E. Multnomah Street, Portland, OR 97232-Oregon and Washington. Field Solicitor, U.S. Dept. of the Interior, Box 020, Fed. Bldg. & Courthouse 550 West Fort St., Boise, ID 83724-Idaho. Field Solicitor, U.S. Dept. of the Interior, P.O. Box 1042, Santa Fe, NM 87501-Oklahoma, Texas, New Mexico, Arkansas and Louisiana. Regional Solicitor, Alaska Region, U.S. Dept. of the Interior, 701 C Street, Box 34, Anchorage, AK 99513-Alaska. and each adverse party named in the decision appealed from, in the manner prescribed in § 4.401(c), not later than 15 days after filing the document. Failure to serve within the time required will subject the appeal to summary dismissal as provided in § 4.402. Proof of such service as required by § 4.401(c) must be filed with the Board (address: Board of Land Appeals, Office of Hearings and Appeals, 4015 Wilson Boulevard, Arlington, VA 22203), within 15 days after service unless filed with the notice of appeal. (5 U.S.C. 301) [45 FR 56347, Aug. 25, 1980, as amended at 49 FR 4077, Feb. 2, 1984; 49 FR 13353, Apr. 4, 1984] § 4.414 Answers. If any party served with a notice of appeal wishes to participate in the proceedings on appeal, he must file an answer within 30 days after service on him of the notice of appeal or statement of reasons where such statement was not included in the notice of appeal. If additional reasons, written arguments, or briefs are filed by the appellant, the adverse party shall have 30 days after service thereof on him within which to answer them. The answer must state the reasons why the answerer thinks the appeal should not be sustained. Answers must be filed with the Board (address: Board of Land Appeals, Office of Hearings and Appeals, 4015 Wilson Boulevard, Ar lington, VA 22203) and must be served on the appellant, in the manner prescribed in § 4.401(c), not later than 15 days thereafter. Proof of such service as required by § 4.401(c), must be filed with the Board (see address above) within 15 days after service. Failure to answer will not result in a default. If an answer is not filed and served within the time required, it may be disregarded in deciding the appeal, unless the delay in filing is waived as provided in § 4.401(a). ACTIONS BY BOARD OF LAND APPEALS § 4.415 Request for hearings on appeals involving questions of fact. Either an appellant or an adverse party may, if he desires a hearing to present evidence on an issue of fact, request that the case be assigned to an administrative law judge for such a hearing. Such a request must be made in writing and filed with the Board within 30 days after answer is due and a copy of the request should be served on the opposing party in the case. The allowance of a request for hearing is within the discretion of the Board, and the Board may, on its own motion, refer any case to an administrative law judge for a hearing on an issue of fact. If a hearing is ordered, the Board will specify the issues upon which the hearing is to be held and the hearing will be held in accordance with §§ 4.430 to 4.439, and the general rules in Subpart B of this part. Associate Director or an Assistant Director. (c) "Bureau" means Bureau of Land Management. (d) "Board" means the Board of Land Appeals in the Office of Hearings and Appeals, Office of the Secretary. The terms "office" or "officer" as used in this subpart include "Board" where the context requires. (e) 'Administrative law judge" means an administrative law judge in the Office of Hearings and Appeals, Office of the Secretary, appointed under section 3105 of Title 5 of the United States Code. (f) "State Director" means the supervising Bureau of Land Management officer for the State in which the particular range lies, or his authorized agent. (g) "District manager" means the supervising Bureau of Land Management officer of the grazing district in which the particular range lies, or his authorized agent. [36 FR 7186, Apr. 15, 1971, as amended at 36 FR 15117, Aug. 13, 1971] (a) Grace period for filing. Whenever a document is required under this subpart to be filed within a certain time and it is not received in the proper office during that time, the delay in filing will be waived if the document is filed not later than 10 days after it was required to be filed and it is determined that the document was transmitted or probably transmitted to the office in which the filing is required before the end of the period in which it was required to be filed. Determinations under this paragraph shall be made by the officer before whom is pending the appeal or contest in connection with which the document is required to be filed. This paragraph does not apply to requests for postponement of hearings under §§ 4.452-1 and 4.452-2. (b) Transferees and encumbrancers. Transferees and encumbrancers of land, the title to which is claimed or is in the process of acquisition under any public land law shall, upon filing notice of the transfer or encumbrance in the proper land office, become entitled to receive and be given the same notice of any contest, appeal, or other proceeding thereafter initiated affecting such interest which is required to be given to a party to the proceeding. Every such notice of a transfer or encumbrance will be noted upon the records of the land office. Thereafter such transferee or encumbrancer must be made a party to any proceedings thereafter initiated adverse to the entry. (c) Service of documents. (1) Wherever the regulations in this subpart require that a copy of a document be served upon a person, service may be made by delivering the copy personally to him or by sending the document by registered or certified mail, return receipt requested, to his address of record in the Bureau. (2) In any case service may be proved by an acknowledgement of service signed by the person to be served. Personal service may be proved by a written statement of the person who made such service. Service by registered or certified mail may be proved by a post-office return receipt showing that the document was delivered at the person's record address or showing that the document could not be delivered to such person at his record address because he had moved therefrom without leaving a forwarding address or because delivery was refused at that address or because no such address exists. Proof of service of a copy of a document should be filed in the same office in which the document is filed. (3) A document will be considered to have been served at the time of personal service, of delivery of a registered or certified letter, or of the return by the post office of an undelivered registered or certified letter. (d) Extensions of time. The Manager or the administrative law judge, as the case may be, may extend the time for filing or serving any document in a contest. [36 FR 7186, Apr. 15, 1971, as amended at 36 FR 15117, Aug. 13, 1971] § 4.423 Subpoena power and witness provisions. The administrative law judge is authorized to issue subpoenas directing the attendance of witnesses at hear |