---
kind: "section"
citation: "43 C.F.R. § 4.1020"
title: "43"
number: "4.1020"
heading: "What will DCHD do upon receiving the election of hearing from a petitioner?"
url: "https://uscodex.org/cfr/43/4.1020"
---

# §4.1020. What will DCHD do upon receiving the election of hearing from a petitioner?


Within 5 days after petitioner files its election of hearing under [25 CFR 83.38(a)](/cfr/25/83.38.md?p=a), the actions required by this section must be taken.

- (a) **DCHD must—**
  - (1) Docket the case;
  - (2) Assign an ALJ to preside over the hearing process and issue a recommended decision; and
  - (3) Issue a docketing notice that informs the parties of the docket number and the ALJ assigned to the case.
- (b) The ALJ assigned under [paragraph (a)(2)](#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)](/cfr/43/4.1022.md?p=a). This notice may be combined with the docketing notice under [paragraph (a)(3)](#a-3) of this section.

## 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.