---
kind: "section"
citation: "43 C.F.R. § 4.1002"
title: "43"
number: "4.1002"
heading: "What is the purpose of this subpart?"
url: "https://uscodex.org/cfr/43/4.1002"
---

# §4.1002. What is the purpose of this subpart?

- (a) The purpose of this subpart is to establish rules of practice and procedure for the hearing process available under 25 CFR [83.38(a)(1)](/cfr/25/83.38.md?p=a-1) and [83.39](/cfr/25/83.39.md) to a petitioner for Federal acknowledgment that receives from OFA a negative proposed finding on Federal acknowledgment and elects to have a hearing before an ALJ. This subpart includes provisions governing prehearing conferences, discovery, motions, an evidentiary hearing, briefing, and issuance by the ALJ of a recommended decision on Federal acknowledgment for consideration by the Assistant Secretary—Indian Affairs (AS-IA).
- (b) This subpart will be construed and applied to each hearing process to achieve a just and speedy determination, consistent with adequate consideration of the issues involved.

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1.

### Source

Source: 80 FR 48459, Aug. 13, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.