43 C.F.R. §§ 4.1200–4.1205

§4.1200. Filing of the application for review with the Office of Hearings and Appeals.

43 C.F.R. § 4.1200

(a)

Pursuant to 30 CFR 865.13, within 7 days of receipt of an application for review of alleged discriminatory acts, OSM shall file a copy of the application in DCHD. OSM shall also file in DCHD, a copy of any answer submitted in response to the application for review.

(b)

The application for review, as filed in DCHD, shall be held in suspense until one of the following takes place—

(1)

A request for temporary relief is filed pursuant to § 4.1203;

(2)

A request is made by OSM for the scheduling of a hearing pursuant to 30 CFR 865.14(a);

(3)

A request is made by the applicant for the scheduling of a hearing pursuant to 30 CFR 865.14(a);

(4)

A request is made by the applicant for the scheduling of a hearing pursuant to 30 CFR 865.14(b);

(5)

A request is made by OSM that OHA close the case because OSM, the applicant, and the alleged discriminating person have entered into an agreement in resolution of the discriminatory acts and there has been compliance with such agreement.

Notes, amendments, and revision history

Amendments

[43 FR 34386, Aug. 3, 1978, as amended at 67 FR 4368, Jan. 30, 2002; 67 FR 61510, Oct. 1, 2002; 88 FR 5795, Jan. 30, 2023]

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

[43 FR 34386, Aug. 3, 1978, as amended at 67 FR 4368, Jan. 30, 2002; 67 FR 61510, Oct. 1, 2002; 88 FR 5795, Jan. 30, 2023]

§4.1201. Request for scheduling of a hearing.

43 C.F.R. § 4.1201

(a)

If OSM determines that a violation of section 703(a) of the act has probably occurred and was not resolved at the informal conference, it shall file with DCHD, a request on behalf of the applicant that a hearing be scheduled. The request shall be filed within 10 days of the completion of the informal conference, or where no conference is held, within 10 days following the scheduled conference. Where OSM makes such a request, it shall represent the applicant in the administrative proceedings, unless the applicant desires to be represented by private counsel.

(b)

If OSM declines to request that a hearing be scheduled and to represent the applicant, it shall within 10 days of the completion of the informal conference, or where no conference is held, within 10 days following the scheduled conference, notify the applicant of his right to request the scheduling of a hearing on his own behalf. An applicant shall file a request for the scheduling of a hearing in DCHD, within 30 days of service of such notice from OSM.

(c)

If no request for the scheduling of a hearing has been made pursuant to paragraph (a) or (b) of this section and 60 days have elapsed from the filing of the application for review with OSM, the applicant may file on his own behalf a request for the scheduling of a hearing with DCHD. Where such a request is made, the applicant shall proceed on his own behalf, but OSM may intervene pursuant to § 4.1110.

Notes, amendments, and revision history

Amendments

[43 FR 34386, Aug. 3, 1978, as amended at 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

[43 FR 34386, Aug. 3, 1978, as amended at 90 FR 2430, Jan. 10, 2025]

§4.1202. Response to request for the scheduling of a hearing.

43 C.F.R. § 4.1202

(a)

Any person served with a copy of the request for the scheduling of a hearing shall file a response with DCHD, within 20 days of service of such request.

(b)

If the alleged discriminating person has not filed an answer to the application, such person shall include with the response to the request for the scheduling of a hearing, a statement specifically admitting or denying the alleged facts set forth in the application.

Notes, amendments, and revision history

Amendments

[36 FR 7186, Apr. 15, 1971, as amended at 88 FR 5795, Jan. 30, 2023]

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

[36 FR 7186, Apr. 15, 1971, as amended at 88 FR 5795, Jan. 30, 2023]

§4.1203. Application for temporary relief from alleged discriminatory acts.

43 C.F.R. § 4.1203

(a)

On or after 10 days from the filing of an application for review under this part, any party may file an application for temporary relief from alleged discriminatory acts.

(b)

The application shall be filed in DCHD.

(c)

The application shall include—

(1)

A detailed written statement setting forth the reasons why relief should be granted;

(2)

A showing that the complaint of discrimination was not frivolously brought;

(3)

A description of any exigent circumstances justifying temporary relief; and

(4)

A statement of the specific relief requested.

(d)

All parties to the proceeding to which the application relates shall have 5 days from receipt of the application to file a written response.

(e)

The administrative law judge may convene a hearing on any issue raised by the application if he deems it appropriate.

(f)

The administrative law judge shall expeditiously issue an order or decision granting or denying such relief.

(g)

If all parties consent, before or after the commencement of any hearing on the application for temporary relief, the administrative law judge may order the hearing on the application for review of alleged discriminatory - acts to be advanced and consolidated with the hearing on the application for temporary relief.

Notes, amendments, and revision history

Amendments

[36 FR 7186, Apr. 15, 1971, as amended at 88 FR 5795, Jan. 30, 2023]

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

[36 FR 7186, Apr. 15, 1971, as amended at 88 FR 5795, Jan. 30, 2023]

§4.1204. Determination by administrative law judge.

43 C.F.R. § 4.1204

Upon a finding of a violation of section 703 of the act or 30 CFR 865.11, the administrative law judge shall order the appropriate affirmative relief, including but not limited to—

(a)

The rehiring or reinstatement of the applicant to his former position with full rights and privileges, full backpay, and any special damages sustained as a result of the discrimination; and

(b)

All other relief which the administrative law judge deems appropriate to abate the violation or to prevent recurrence of discrimination.

Notes, amendments, and revision history

Amendments

[43 FR 34386, Aug. 3, 1978, as amended at 67 FR 61510, Oct. 1, 2002]

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

[43 FR 34386, Aug. 3, 1978, as amended at 67 FR 61510, Oct. 1, 2002]

§4.1205. Appeals.

43 C.F.R. § 4.1205

Any party aggrieved by a decision of an administrative law judge concerning an application for review of alleged discriminatory acts may appeal to the Board under procedures set forth in § 4.1271 et seq.

Notes, amendments, and revision history

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.