---
kind: "section"
citation: "36 C.F.R. § 214.10"
title: "36"
number: "214.10"
heading: "Dismissal of an appeal."
url: "https://uscodex.org/cfr/36/214.10"
---

# §214.10. Dismissal of an appeal.

- (a) The Appeal Deciding Officer shall dismiss an appeal without review when one or more of the following applies:
  - (1) **The appeal is not filed within the required time period.**
  - (2) The person or entity that filed the appeal is not a holder, an operator, or a solicited applicant of a written authorization that is the subject of the appealable decision.
  - (3) **The decision is not appealable under this part.**
  - (4) The appeal does not meet the content requirements specified in [§ 214.8(a)](/cfr/36/214.8.md?p=a), provided that an appeal may not be dismissed for failure to include an appraisal report which has not been completed by the filing deadline.
  - (5) **The appellant withdraws the appeal.**
  - (6) **The Responsible Official withdraws the written decision that was appealed.**
  - (7) An informal resolution of the dispute is reached pursuant to [§ 214.15](/cfr/36/214.15.md) or a mediated agreement of a term grazing dispute is achieved pursuant to [36 CFR part 222](/cfr/36/part222.md), subpart B.
  - (8) **The requested relief cannot be granted under applicable facts, laws, regulations, or policies.**
- (b) The Appeal Deciding Officer shall give written notice of the dismissal of an appeal and shall set forth the reasons for dismissal.

## Notes

### Authority

Authority: 7 U.S.C. 1011(f); 16 U.S.C. 472, 551.

### Source

Source: 78 FR 33717, June 5, 2013, unless otherwise noted.