Subpart B. Subpart B—Hearing Process

• Representatives

  • SECTION § 45.10 - Who may represent a party, and what requirements apply to a representative?

• Document Filing and Service

  • SECTION § 45.11 - What are the form and content requirements for documents under this subpart?
  • SECTION § 45.12 - Where and how must documents be filed?
  • SECTION § 45.13 - What are the requirements for service of documents?

• Initiation of Hearing Process

  • SECTION § 45.20 - What supporting information must DOI provide with its preliminary conditions or prescriptions?
  • SECTION § 45.21 - How do I request a hearing?
  • SECTION § 45.22 - How do I file a notice of intervention and response?
  • SECTION § 45.23 - Will hearing requests be consolidated?
  • SECTION § 45.24 - Can a hearing process be stayed to allow for settlement discussions?
  • SECTION § 45.25 - How will the bureau respond to any hearing requests?
  • SECTION § 45.26 - What will DOI do with any hearing requests?
  • SECTION § 45.27 - What regulations apply to a case referred for a hearing?

• General Provisions Related to Hearings

  • SECTION § 45.30 - What will the Hearings Division do with a case referral?
  • SECTION § 45.31 - What are the powers of the ALJ?
  • SECTION § 45.32 - What happens if the ALJ becomes unavailable?
  • SECTION § 45.33 - Under what circumstances may the ALJ be disqualified?
  • SECTION § 45.34 - What is the law governing ex parte communications?
  • SECTION § 45.35 - What are the requirements for motions?

• Prehearing Conferences and Discovery

  • SECTION § 45.40 - What are the requirements for prehearing conferences?
  • SECTION § 45.41 - How may parties obtain discovery of information needed for the case?
  • SECTION § 45.42 - When must a party supplement or amend information it has previously provided?
  • SECTION § 45.43 - What are the requirements for written interrogatories?
  • SECTION § 45.44 - What are the requirements for depositions?
  • SECTION § 45.45 - What are the requirements for requests for documents or tangible things or entry on land?
  • SECTION § 45.46 - What sanctions may the ALJ impose for failure to comply with discovery?
  • SECTION § 45.47 - What are the requirements for subpoenas and witness fees?

• Hearing, Briefing, and Decision

  • SECTION § 45.50 - When and where will the hearing be held?
  • SECTION § 45.51 - What are the parties' rights during the hearing?
  • SECTION § 45.52 - What are the requirements for presenting testimony?
  • SECTION § 45.53 - How may a party use a deposition in the hearing?
  • SECTION § 45.54 - What are the requirements for exhibits, official notice, and stipulations?
  • SECTION § 45.55 - What evidence is admissible at the hearing?
  • SECTION § 45.56 - What are the requirements for transcription of the hearing?
  • SECTION § 45.57 - Who has the burden of persuasion, and what standard of proof applies?
  • SECTION § 45.58 - When will the hearing record close?
  • SECTION § 45.59 - What are the requirements for post-hearing briefs?
  • SECTION § 45.60 - What are the requirements for the ALJ's decision?