Subpart H. Subpart H—Specific Rules Applicable to White Earth Reservation Land Settlement Act Proceedings

• General Provisions

  • SECTION § 4.710 - What is this subpart's authority and scope?
  • SECTION § 4.711 - To what extent do other regulations and OHA Standing Orders apply?
  • SECTION § 4.712 - What definitions apply to this subpart?
  • SECTION § 4.713 - What law governs the determination of heirs?
  • SECTION § 4.714 - What authority does the presiding officer have during the determination process?
  • SECTION § 4.715 - How may minors or other legal incompetents be represented?

• Filing and Issuance

  • SECTION § 4.720 - Where and how must documents be filed with the presiding officer?
  • SECTION § 4.721 - When is a filing with the presiding officer timely?
  • SECTION § 4.722 - To whom will a presiding officer issue a notice, order, or decision?
  • SECTION § 4.723 - By what means may the presiding officer issue a notice, order, or decision?
  • SECTION § 4.724 - How will issuance of a presiding officer's notice, order, or decision be documented?

• Commencement of Determination Process

  • SECTION § 4.730 - How does the Project Director commence the determination process?
  • SECTION § 4.731 - What evidence must the Project Director file with the presiding officer?
  • SECTION § 4.732 - What will the presiding officer do after receiving the evidence filed by the Project Director?

• Preliminary Decision—Content, Notification, Objections

  • SECTION § 4.740 - What will a preliminary decision include?
  • SECTION § 4.741 - How will notification of the preliminary decision be provided?
  • SECTION § 4.742 - What evidence of posting of the notice of preliminary decision must be filed with the presiding officer?
  • SECTION § 4.743 - What are the filing requirements for objecting to a preliminary decision and requesting a hearing?
  • SECTION § 4.744 - What happens if no timely objection to the preliminary decision is filed?
  • SECTION § 4.745 - What happens if an objection to the preliminary decision is filed?

• Final Decision and Lodging of Record

  • SECTION § 4.750 - What must the final decision determining decedent's heirs contain?
  • SECTION § 4.751 - What happens to the determination process record and what must it include?

• Reconsideration of Final Decision

  • SECTION § 4.760 - How can a final decision be challenged?
  • SECTION § 4.761 - What are the requirements for filing a petition for reconsideration?
  • SECTION § 4.762 - Does any distribution of the estate occur while a petition for reconsideration is pending?
  • SECTION § 4.763 - How will the presiding officer decide a petition for reconsideration?
  • SECTION § 4.764 - What will the order upon reconsideration contain?
  • SECTION § 4.765 - How can an order upon reconsideration be challenged?

• Reopening of Closed Case and Correction of Errors

  • SECTION § 4.770 - What are the methods and standards for reopening a closed case?
  • SECTION § 4.771 - When must a petition for reopening be filed?
  • SECTION § 4.772 - What must be included in a petition for reopening?
  • SECTION § 4.773 - What is not appropriate for a petition for reopening?
  • SECTION § 4.774 - How will the presiding officer decide a petition for reopening?
  • SECTION § 4.775 - How will the presiding officer decide a case reopened on their own initiative?
  • SECTION § 4.776 - What will the order upon reopening contain?
  • SECTION § 4.777 - What happens to the record after the presiding officer issues an order upon reopening?
  • SECTION § 4.778 - What are non-substantive errors in an order or decision and how may they be corrected?

• Finality and Appeal of Final Decision and Orders

  • SECTION § 4.780 - When will the final decision and orders upon reconsideration, reopening, or remand become final?
  • SECTION § 4.781 - Which presiding officer decisions or orders may be appealed and who may appeal them?
  • SECTION § 4.782 - What happens if a petition for reconsideration and a notice of appeal are timely filed?
  • SECTION § 4.783 - When and how may a presiding officer's decision or order be appealed?
  • SECTION § 4.784 - What are the requirements for serving the notice of appeal and statement of reasons?
  • SECTION § 4.785 - When will the determination process record be forwarded to the Board?
  • SECTION § 4.786 - What actions may the Board take to resolve a timely appeal?
  • SECTION § 4.787 - What happens to the record after disposition?

• Procedures After Board Remand

  • SECTION § 4.790 - What happens if the Board remands the case to the presiding officer?
  • SECTION § 4.791 - What will the order upon remand contain?
  • SECTION § 4.792 - What happens to the record after the presiding officer issues an order upon remand?