---
kind: "section"
citation: "43 C.F.R. § 4.1286"
title: "43"
number: "4.1286"
heading: "Motion for a hearing on an appeal involving issues of fact."
url: "https://uscodex.org/cfr/43/4.1286"
---

# §4.1286. Motion for a hearing on an appeal involving issues of fact.

- (a) Any party may file a motion that the Board refer a case to an administrative law judge for a hearing. The motion must state:
  - (1) What specific issues of material fact require a hearing;
  - (2) What evidence concerning these issues must be presented by oral testimony, or be subject to cross-examination;
  - (3) What witnesses need to be examined; and
  - (4) **What documentary evidence requires explanation, if any.**
- (b) In response to a motion under [paragraph (a)](#a) of this section or on its own initiative, the Board may order a hearing if there are:
  - (1) Any issues of material fact which, if proved, would alter the disposition of the appeal; or
  - (2) Significant factual or legal issues remaining to be decided and the record without a hearing would be insufficient for resolving them.
- (c) If the Board orders a hearing, it must:
  - (1) Specify the issues of fact upon which the hearing is to be held; and
  - (2) **Request the administrative law judge to issue—**
    - (i) Proposed findings of fact on the issues presented at the hearing;
    - (ii) A recommended decision that includes findings of fact and conclusions of law; or
    - (iii) A decision that will be final for the Department unless a notice of appeal is filed.
- (d) If the Board orders a hearing, it may do one or more of the following:
  - (1) Suspend the effectiveness of the decision under review pending a final Departmental decision on the appeal if it finds good cause to do so;
  - (2) Authorize the administrative law judge to specify additional issues; or
  - (3) Authorize the parties to agree to additional issues that are material, with the approval of the administrative law judge.
- (e) The hearing will be conducted under §§ [4.1100](/cfr/43/4.1100.md), [4.1102 through 4.1115](/cfr/43/4.1102..4.1115.md), and [4.1120 through 4.1122](/cfr/43/4.1120..4.1122.md). Unless the Board orders otherwise, the administrative law judge may consider other relevant issues and evidence identified after referral of the case for a hearing.

## Notes

### Amendments

[75 FR 64669, Oct. 20, 2010, 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

[75 FR 64669, Oct. 20, 2010, as amended at 90 FR 2430, Jan. 10, 2025]