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Notes

43 C.F.R. §§ 4.1120–4.1122

3 sections in range

§4.1120. Presiding officers.

43 C.F.R. § 4.1120

(a)
General rules. The general procedural rules for practice before DCHD at §§ 4.100 through 4.131 of this part govern practice and procedure in addition to the specific rules set forth in subpart L.
(b)
Presiding officer. An ALJ will preside over any hearings required by the act to be conducted pursuant to 5 U.S.C. 554. The ALJ has the authority to conduct the proceeding in an orderly and judicial manner and may take any action authorized by the act, subpart C of this part, subpart L of this part, or 5 U.S.C. 554-57.
Notes, amendments, and revision history

Amendments

[90 FR 2430, Jan. 10, 2025]

Authority

Authority: 30 U.S.C. 1256, 1260, 1261, 1264, 1268, 1271, 1272, 1275, 1293; 5 U.S.C. 301.

Source

Source: 43 FR 34386, Aug. 3, 1978, 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.

Amendments

[90 FR 2430, Jan. 10, 2025]

§4.1121. Initial orders and decisions.

43 C.F.R. § 4.1121

(a)
An initial order or decision disposing of a case must contain:
(1)
Findings of fact and conclusions of law as well as the reasons for those findings and conclusions as they relate to all material issues of fact, law, and discretion presented on the record; and
(2)
An order granting or denying the relief.
(b)
An initial order or decision will become final if that order or decision is not timely appealed to the Board under § 4.1270 or § 4.1271, unless the ALJ accepts a petition for reconsideration for further analysis under §§ 4.1117 and 4.130 of this part.
Notes, amendments, and revision history

Amendments

[90 FR 2430, Jan. 10, 2025]

Authority

Authority: 30 U.S.C. 1256, 1260, 1261, 1264, 1268, 1271, 1272, 1275, 1293; 5 U.S.C. 301.

Source

Source: 43 FR 34386, Aug. 3, 1978, 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.

Amendments

[90 FR 2430, Jan. 10, 2025]

§4.1122. Termination of jurisdiction.

43 C.F.R. § 4.1122

Except as otherwise provided in these regulations, the jurisdiction of an ALJ will terminate upon:
(a)
The filing of a notice of appeal from an initial decision or other order dispositive of the proceeding;
(b)
The issuance of an order by the Board granting a petition for review; or
(c)
The expiration of the time period within which a petition for review or an appeal to the Board may be filed.
Notes, amendments, and revision history

Amendments

[90 FR 2430, Jan. 10, 2025]

Authority

Authority: 30 U.S.C. 1256, 1260, 1261, 1264, 1268, 1271, 1272, 1275, 1293; 5 U.S.C. 301.

Source

Source: 43 FR 34386, Aug. 3, 1978, 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.

Amendments

[90 FR 2430, Jan. 10, 2025]