C.F.R. » Title 43 » PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES › Subpart D—Rules Applicable to Appeals Before the Interior Board of Indian Appeals

43 C.F.R. § 4.320

Who may appeal a probate judge's order?

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Any interested party has a right to appeal to the Board if he or she is adversely affected by an order of a probate judge under part 30 of this subtitle:

(a) On a petition for rehearing;

(b) On a petition for reopening;

(c) Regarding purchase of interests in a deceased Indian's estate; or

(d) Regarding added or omitted property; or

(e) Determining that a person for whom a probate proceeding is sought is not deceased.

[76 FR 7505, Feb. 10, 2011, as amended at 90 FR 2412, Jan. 10, 2025]
Notes of Decisions
Cited in 5 cases, 1986–2009 · leading case: Luther D. Mullen v. Otis Bowen, Sec'y of Health & Human Servs., Richard G. Shepherd v. Otis Bowen, Sec'y of Health & Human Servs., 800 F.2d 535 (6th Cir. 1986).
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Luther D. Mullen v. Otis Bowen, Sec'y of Health & Human Servs., Richard G. Shepherd v. Otis Bowen, Sec'y of Health & Human Servs., 800 F.2d 535 (6th Cir. 1986). “1968)); 43 C.F.R. §§ 4.320 , 4.340 (1985) (Regulations of the Secretary of Interior which provide that the Board of Indian Appeals “shall not be limited in its scope of review" in certain matters); 17 C.”
John H.M. Chen v. Gen. Acct. Off., 821 F.2d 732 (D.C. Cir. 1987). “104 (Commodities Futures Trading Commission); 43 C.F.R. § 4.320 (Board of Indian Appeals), while others explicitly deny it, see, e.”
George Kicking Woman v. Donald P. Hodel, Sec'y of the Interior, & Leo Lee Old Person, 878 F.2d 1203 (9th Cir. 1989). “" 43 C.F.R. § 4.320 6 . The equal protection claim may be dealt with summarily.”
Kakaygeesick v. Salazar, 656 F. Supp. 2d 964 (D. Minn. 2009). · cites it 2× “Even if such Petitions had been filed, that act of filing would not have exhausted the Petitioner’s administrative remedies, as 43 C.F.R. § 4.320 (a) provided, at the pertinent time, as follows: An interested party has a right to appeal to the [IBIA] from an order of an…”
Smith v. Babbitt, 96 F. Supp. 2d 907 (D. Minn. 2000). “See 43 C.F.R. § 4.320 (stating, with regard to appeals in probate matters, that such appeals may be filed by “[a] party in interest”); 43 C.”
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