---
kind: "section"
citation: "30 C.F.R. § 1290.106"
title: "30"
number: "1290.106"
heading: "How do lessees join a designee's appeal and how does joinder affect the appeal?"
url: "https://uscodex.org/cfr/30/1290.106"
---

# §1290.106. How do lessees join a designee's appeal and how does joinder affect the appeal?

- (a) If you are a lessee, and your designee files an appeal under [§ 1290.103](/cfr/30/1290.103.md), you may join in that appeal within 30 days after you receive your designee's Notice of Appeal under [§ 1290.105(a)(2)](/cfr/30/1290.105.md?p=a-2) by filing a Notice of Joinder with the office or official that issued the order.
- (b) If you join in an appeal under [paragraph (a)](#a) of this section, you are deemed to appeal the order jointly with the designee, but the designee must fulfill all requirements imposed on appellants under this part and [43 CFR part 4](/cfr/43/part4.md), [subparts E](/cfr/30/subpartE.md) and J. You may not file submissions or pleadings separately from the designee.
- (c) If you are a lessee and you neither appeal nor join in your designee's appeal under this section, your designee's actions with respect to the appeal and any decisions in the appeal bind you.
- (d) If you are a designee and you decide to discontinue participation in the appeal, you must serve written notice within 30 days before the next submission or pleading is due on:
  - (1) All lessees who have joined in the appeal under [paragraph (a)](#a) of this section;
  - (2) The office or officer with whom any subsequent submissions or pleadings must be filed, including the IBLA; and
  - (3) **All other parties to the appeal.**
- (e) If you have joined in the appeal under [paragraph (a)](#a) of this section, and if the designee notifies you under [paragraph (d)](#d) of this section that it declines to further pursue the appeal, you become an appellant and must then meet all requirements of this part and [43 CFR part 4](/cfr/43/part4.md), subparts [E](/cfr/30/subpartE.md) and [J](/cfr/30/subpartJ.md), as the appellant.

## Notes

### Amendments

[64 FR 26257, May 13, 1999, as amended at 78 FR 30206, May 22, 2013]

### Authority

Authority: 5 U.S.C. 301 et seq.; 43 U.S.C. 1331.

### Source

Source: 64 FR 26257, May 13, 1999, unless otherwise noted. Redesignated at 75 FR 61087, Oct. 4, 2010.

### Amendments

[64 FR 26257, May 13, 1999, as amended at 78 FR 30206, May 22, 2013]