---
kind: "section"
citation: "43 C.F.R. § 4.745"
title: "43"
number: "4.745"
heading: "What happens if an objection to the preliminary decision is filed?"
url: "https://uscodex.org/cfr/43/4.745"
---

# §4.745. What happens if an objection to the preliminary decision is filed?

- (a) **General.** If a written objection to a preliminary decision is filed with the presiding officer before the final decision is issued, they may take any action listed in [§ 4.732(b)](/cfr/43/4.732.md?p=b) to resolve any issues of fact and will issue a final decision that includes a resolution of the objection.
- (b) **Denial without opportunity to respond.** The presiding officer may deny the objection without providing the Project Director and the parties in interest with an opportunity to respond to the objection, if the objection:
  - (1) Is not timely filed;
  - (2) Alleges mere disagreement with the preliminary decision; or
  - (3) **Otherwise fails to assert proper grounds for objecting, as determined by the presiding officer.**
- (c) **Consideration after opportunity to respond.** If the presiding officer does not deny the objection under [paragraph (b)](#b) of this section, the presiding officer will:
  - (1) Issue a notice allowing the Project Director and the parties in interest a reasonable, specified time in which to file a written response to the objection;
  - (2) Issue with the notice, a copy of the objection and all papers filed by the objector; and
  - (3) Consider, with or without a hearing, the issues raised in the objection, including any request for hearing, and in any written responses to the objection.

## Notes

### Source

Source: 90 FR 2420, Jan. 10, 2025, 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.