C.F.R. » Title 43 » PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES › Subpart B—General Rules Relating to Procedures and Practice

43 C.F.R. § 4.22

Retention of documents; record address; and extensions of time

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(a) Retention of documents—(1) In general. All documents received in evidence in a hearing or submitted for the record in any proceeding before an OHA Unit will be retained in the official record of the proceedings.

(2) Withdrawal and substitution of original documents. The substitution of original documents may be permitted while the case is pending upon the submission of true copies. When a decision has become final for the Department, an Appeals Board in its discretion may, upon request and after notice to the other party or parties, permit the withdrawal of original documents in whole or in part. As a condition of granting permission for such withdrawal, the Appeals Board may require the substitution of true copies in its discretion and as necessary to ensure an accurate record of the proceeding.

(3) Sealed against disclosure. Transcripts of testimony and/or documents received or reviewed pursuant to § 4.31 will be sealed against disclosure to unauthorized persons and retained with the official record, subject to the withdrawal and substitution provisions.

(b) Record address information. At the time of initial filing, every person or entity who files a document in connection with any proceeding before OHA must provide their mailing address. A person or entity filing electronically must also provide the electronic mailing address that the person or entity intends to use in the proceeding.

(1) Address changes. A person or entity who has provided their address in a proceeding must promptly file and serve upon other parties to the proceeding, written notice of any change to their address information with the OHA Unit in which the matter is pending.

(2) Successors. The successors of a person or entity who has provided their address in a proceeding must promptly file notice of their own addresses.

(3) Failure to provide or update a record address. A person or entity who fails to provide or update their address information as required is not entitled to notice or service in connection with the proceeding until they have provided or updated their address information.

(c) Computation of time for filing and service. Except as otherwise provided by law, the following rules apply when computing any time period specified in a regulation, notice, order, or decision.

(1) Exclude the day of the event that triggers the time period;

(2) Count every day, including intermediate Saturdays, Sundays, and Federal holidays; and

(3) Include the last day of the period, but if the last day is a Saturday, Sunday, Federal holiday, or other nonbusiness day, the period continues to run until the end of the next day that is not a Saturday, Sunday, Federal holiday, or other nonbusiness day.

(d) Extensions of time. (1) The time for filing or serving any document may be extended by the presiding officer before whom the proceeding is pending, except for the time for filing a notice of appeal and except where such extension is contrary to law or regulation.

(2) A request for an extension of time must be filed within the time allowed for the filing or serving of the document and must be filed in the same office in which the proceeding is pending.

Notes of Decisions
Cited in 3 cases, 1976–2005 · leading case: Double J. Land & Cattle Co. v. United States Dep't of the Interior, 91 F.3d 1378 (10th Cir. 1996).
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Double J. Land & Cattle Co. v. United States Dep't of the Interior, 91 F.3d 1378 (10th Cir. 1996). “See 43 C.F.R. § 4.22 (b) (requiring service on opposing parties of “each document” presented to the IBLA).”
Wieler v. United States, 364 F. Supp. 2d 1057 (D. Alaska 2005). · cites it 4× “The decision stated that pursuant to 43 C.F.R. § 4.22 (f)(2), BLM has no authority to grant an extension of time where the motion for enlargement is filed after the expiration of the allowable time for filing the answer.”
Mammedaty v. Kleppe, 412 F. Supp. 283 (W.D. Okla. 1976). “The grounds for the denial were that 43 C.F.R. 4.22(f)(1) precluded such an extension and that the plaintiffs had been represented by counsel who had ample time to file a notice of appeal.”
— 43 C.F.R. § 4.22(f)(1) — 1 case
Mammedaty v. Kleppe, 412 F. Supp. 283 (W.D. Okla. 1976). “The grounds for the denial were that 43 C.F.R. 4.22(f)(1) precluded such an extension and that the plaintiffs had been represented by counsel who had ample time to file a notice of appeal.”
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