43 C.F.R. § 4.412

Affirming without opinion

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(a) Failure to file a statement of reasons. The Board may affirm without opinion a decision on appeal if the appellant has not filed a statement of reasons for the appeal within the time required in § 4.410(b) and has not otherwise included the reasons for appeal in its filings with the Board.

(b) Previous level of administrative review. Where the bureau or office has provided a level of administrative review before the appeal to the Board, or the appeal is from a decision of an ALJ, the Board may affirm without opinion the decision on appeal if the Board determines:

(1) The result reached was correct;

(2) Any errors in the decision were harmless or nonmaterial; and

(3) The issues on appeal are squarely controlled by existing Board or Federal court precedent and do not involve the application of precedent to a novel factual situation, or the factual and legal issues raised on appeal are not so substantial that the appeal warrants the issuance of a written opinion by the Board.

(c) Order affirming without opinion. When the Board affirms without opinion a decision on appeal, it will issue an order citing this section, affirming the decision on appeal, and expressly adopting the decision on appeal. The Board's order will be the final decision for the Department.

Notes of Decisions

Cited in 1 case, 2005–2005 · leading case: Bolack Minerals Co. v. Norton, 370 F. Supp. 2d 161 (D.D.C. 2005).

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Bolack Minerals Co. v. Norton, 370 F. Supp. 2d 161 (D.D.C. 2005). “See 43 C.F.R. §§ 4.412 , 4.414. This Court is unpersuaded that plaintiff lacked a full and fair opportunity to make his administrative finality argument to the IBLA.”

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