---
kind: "section"
citation: "43 C.F.R. § 4.1377"
title: "43"
number: "4.1377"
heading: "Petition for discretionary review of initial decision."
url: "https://uscodex.org/cfr/43/4.1377"
---

# §4.1377. Petition for discretionary review of initial decision.

- (a) Any party may file a petition for discretionary review of an initial decision of an administrative law judge issued under [§ 4.1375](/cfr/43/4.1375.md) with the Board within 30 days of receipt of the decision. An untimely petition shall be dismissed.
- (b) The petition for discretionary review shall set forth specifically the alleged errors in the initial decision, with supporting argument, and shall attach a copy of the decision.
- (c) Any party may file a response to the petition for discretionary review within 30 days of its service.
- (d) The Board shall issue a decision denying the petition or granting the petition and deciding the merits within 60 days of the deadline for filing responses.

## Notes

### Source

Source: 59 FR 54326, Oct. 28, 1994, unless otherwise noted.

### 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.