View all text of Subjgrp 108 [§ 4.1380 - § 4.1387]

§ 4.1381 - Who may file; when to file; where to file.

Link to an amendment published at 90 FR 2431, Jan. 10, 2025. This amendment was delayed until March 21, 2025, at 90 FR 9222, Feb. 10, 2025. This amendment was further delayed until May 5, 2025, at 90 FR 12461, Mar. 18, 2025. This amendment was further delayed to June 4, 2025, at 90 FR 18927, May 5, 2025. This amendment was further delayed until July 21, 2025, at 90 FR 24231, June 9, 2025.

(a) Any person who receives a written decision issued by OSM under 30 CFR 773.28 on a challenge to an ownership or control listing or finding may file a request for review with the Hearings Division, Office of Hearings and Appeals, U.S. Department of the Interior within 30 days of service of the decision.

(b) Failure to file a request for review within 30 days of service of the decision constitutes a waiver of review of the decision. An untimely request for review shall be dismissed.

(c) Where appropriate under the Administrative Dispute Resolution Act, 5 U.S.C. §§ 571-583, the Hearings Division may use a dispute resolution proceeding, if the parties agree to such proceeding, before the procedures set forth in §§ 4.1383 through 4.1387.

[59 FR 54363, Oct. 28, 1994, as amended at 67 FR 4368, Jan. 30, 2002; 88 FR 5796, Jan. 30, 2023]