---
kind: "section"
citation: "43 C.F.R. § 4.774"
title: "43"
number: "4.774"
heading: "How will the presiding officer decide a petition for reopening?"
url: "https://uscodex.org/cfr/43/4.774"
---

# §4.774. How will the presiding officer decide a petition for reopening?

- (a) **General.** The presiding officer 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 an order upon reopening resolving the petition.
- (b) **Denial without opportunity to respond.** The presiding officer may deny the petition without providing the Project Director and the parties in interest with an opportunity to respond to the petition, if the petition:
  - (1) Does not meet the standards set forth at [§ 4.770(c)](/cfr/43/4.770.md?p=c);
  - (2) Alleges mere disagreement with a final decision;
  - (3) Raises issues that were previously addressed in an order issued in the case;
  - (4) Raises only issues or objections for the first time on reopening and the petitioner is a party in interest who received proper notice of the preliminary decision or of any hearing;
  - (5) Is based on newly discovered evidence and fails to meet the requirements of [§ 4.761(b)(2)](/cfr/43/4.761.md?p=b-2); or
  - (6) **Otherwise fails to assert proper grounds for reopening, as determined by the presiding officer.**
- (c) **Consideration after opportunity to respond.** If the presiding officer does not deny the petition 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 petition;
  - (2) Issue with the notice, a copy of the petition and all papers filed by the petitioner;
  - (3) Suspend further distribution of the estate during the reopening proceedings, if appropriate, by order to the Project Director; and
  - (4) **Consider, with or without a hearing, the issues raised in the petition.**

## 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.