§4.1020. What will DCHD do upon receiving the election of hearing from a petitioner?
43 C.F.R. § 4.1020
Within 5 days after petitioner files its election of hearing under 25 CFR 83.38(a), the actions required by this section must be taken.
DCHD must—
Docket the case;
Assign an ALJ to preside over the hearing process and issue a recommended decision; and
Issue a docketing notice that informs the parties of the docket number and the ALJ assigned to the case.
The ALJ assigned under paragraph (a)(2) of this section must issue a notice setting the time, place, and method for conducting an initial prehearing conference under § 4.1022(a). This notice may be combined with the docketing notice under paragraph (a)(3) of this section.
Notes, amendments, and revision history
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.