§4.770. What are the methods and standards for reopening a closed case?
43 C.F.R. § 4.770
General. The presiding officer may reopen a closed case to correct an error of fact or law in a final decision, including any modification of the final decision.
Methods.
A party in interest adversely affected by a final decision, or the Project Director, may seek correction of an error of fact or law by filing a petition for reopening with the presiding officer.
The presiding officer may reopen a case on their own initiative if they become aware of sufficient evidence to justify correction of an error.
Standards. The presiding officer may reopen a closed case:
If the error is discovered more than 30 days after the date of issuance of the final decision; and
If the petition for reopening is filed or the presiding officer reopens the case on their own initiative:
Within 3 years or less of the date of issuance of the final decision; or
More than 3 years after the date of issuance of the final decision if the presiding officer finds that the need to correct the error outweighs the interests of the public and heirs in the finality of the final decision.
Notes, amendments, and revision history
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.