C.F.R. » Title 43 » PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES › Subpart A—General Information and Authorities—Office of Hearings and Appeals

43 C.F.R. § 4.2

Membership and duties

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(a) Standing Appeals Boards. The Standing Appeals Boards consist of AJs and the Director as an ex officio member.

(1) The Director may designate a chief judge for each Standing Appeals Board. A chief judge is responsible for internal management and administration of the Standing Appeals Board, including management of the case docket. A chief judge is authorized to carry out such other duties as may be necessary to conduct the routine business of the Standing Appeals Board.

(2) A chief judge of a Standing Appeals Board may assign an appeal to a panel of any two AJs of the Standing Appeals Board, but if the AJs assigned to the panel cannot agree on a decision, a chief judge may assign one or more additional AJs to consider the appeal. The concurrence of a majority of the AJs who consider an appeal is sufficient for a decision.

(3) Decisions of a Standing Appeals Board must be in writing and signed by not less than a majority of the AJs who considered the appeal. The Director, being an ex officio member of the Standing Appeals Board, may participate in the consideration of any appeal and sign the resulting decision.

(b) Hearings Divisions. The Hearings Divisions consist of ALJs and, where authorized, IPJs. The Director may designate a chief judge for each Hearings Division. A chief judge is responsible for internal management and administration of the Hearings Division, including management of case dockets. A chief judge is authorized to carry out such other duties as may be necessary to conduct the routine business of the Hearings Division.

(c) Other hearings and appeals. For hearings and appeals that are not within the jurisdiction of an OHA Unit, the Director will designate or appoint the appropriate OHA officials to an Ad Hoc Board of Appeals or as a presiding officer consistent with the applicable statute or regulation.

Notes of Decisions
Cited in 3 cases, 1985–2009 · leading case: Am. Colloid v. Interior Sec'y, 145 F.3d 1152 (10th Cir. 1998).
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Am. Colloid v. Interior Sec'y, 145 F.3d 1152 (10th Cir. 1998). · cites it 3× “American Colloid contends that the “inconsistent opinions” violate section 706(2)(D) and section 557(c) of the APA, and 43 C.F.R. § 4.2 , a regulation governing the decisions of the IBLA.”
Hoopa Valley Tribe v. United States, 86 Fed. Cl. 430 (Fed. Cl. 2009). “Specifically, the IBIA held that none of the jurisdictional bases the Hoo-pa asserted — 43 C.F.R. § 4.2 (b)(2)(h), 25 C.F.R. § 2.”
Getty Oil Co. v. Clark, 614 F. Supp. 904 (D. Wyo. 1985). “43 C.F.R. § 4.2 (3). The Secretary and the Director are permitted to *914 take jurisdiction of a case at any stage and to render a final decision in the matter, but where the Secretary or Director do not act the decision of the IBLA is binding upon the Department as fully and…”
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