§4.775. How will the presiding officer decide a case reopened on their own initiative?

43 C.F.R. § 4.775

When a presiding officer reopens a case on their own initiative to correct an error in a final decision, they will:

(a)

Issue a notice which must—

(1)

Identify the error and explain how the presiding officer intends to modify the final decision to correct the error; and

(2)

Allow the Project Director and the parties in interest a reasonable, specified time in which to file a written response to the notice;

(b)

Suspend further distribution of the estate during the reopening proceedings, if appropriate, by order to the Project Director; and

(c)

Consider, with or without a hearing, the issues raised by any timely written response to the notice and issue an order upon reopening.

Notes, amendments, and revision history

Source: 90 FR 2420, Jan. 10, 2025, unless otherwise noted.

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: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.