View all text of Subjgrp 125 [§ 30.235 - § 30.253]
§ 30.248 - How will the judge decide my petition for reopening?
(a) The judge may summarily deny the petition for reopening based on deficiencies in the petition. A summary denial is an order in which the judge denies the petition without deciding the merits of the allegations in the petition and is warranted if:
(1) The petition alleges mere disagreement with a decision;
(2) The petition raises issues or objections that were previously addressed in a rehearing order or reopening order;
(3) The petition raises only issues or objections by or on behalf of an interested party for the first time on reopening and that interested party received proper notice of the hearing or summary decision;
(4) The petition is based on newly discovered evidence and fails to meet the requirements of § 30.238(e); or
(5) The petition is based solely on issues or evidence described in § 30.247(c).
(b) If a summary denial is not warranted, the judge will review the merits of the petition to determine if the petition asserts proper grounds for reopening.
(1) If the petition fails to assert proper grounds for reopening, then the judge will issue an order denying the petition for reopening and addressing the merits of the petition.
(2) If the petition asserts proper grounds for reopening, the judge will:
(i) Cause copies of the petition and all papers filed by the petitioner to be served on those persons whose interest in the estate may be affected if the petition is granted;
(ii) Allow all persons served a reasonable, specified time in which to respond to the petition for reopening by filing responses, cross-petitions, or briefs;
(iii) Suspend further distribution of the estate or income during the reopening proceedings, if appropriate, by order to the affected agencies;
(iv) Consider, with or without a hearing, the issues raised in the petition; and
(v) Affirm, modify, or vacate the decision or order.
(c) On entry of a final order, including a summary denial, the judge must distribute the order to the petitioner, the agencies, and the interested parties. The order must include a notice stating that interested parties who are adversely affected, or BIA, have the right to appeal the final order to the Board, within 30 days of the mailing date, and giving the Board's address.