43 C.F.R. § 4.413
Scope of review and burden to show error
(a) Scope of review. The Board has authority to review decisions on appeal as fully and finally as might the Secretary, subject to any limitations on its authority imposed by the Secretary. The Board may at any time before issuance of its decision raise or consider any matter that it deems material, whether or not raised by the parties. The Board may affirm, modify, vacate, set aside, or reverse any decision properly brought before it for review, and may remand the matter as may be just under the circumstances.
(b) Burden to show error. Except as otherwise provided by law, the party appealing a decision of a bureau, office, or ALJ has the burden to show that an error was made.
Notes of Decisions
Cited in 2
cases, 1982–2005 · leading case: Bolack Minerals Co. v. Norton, 370 F. Supp. 2d 161 (D.D.C. 2005).
Bolack Minerals Co. v. Norton, 370 F. Supp. 2d 161 (D.D.C. 2005). “13; 43 C.F.R. § 4.413 . Although plaintiff notes the absence of a formal hearing, he does not explain how such a hearing would have any bearing on his ability to make the administrative finality argument he now makes to this Court.”
Ashley v. Watt, 549 F. Supp. 1044 (E.D. Wis. 1982). “The Estate, assuming Cash to be an adverse party, conformed to 43 C.F.R. § 4.413 , and served him with its notice of appeal, statement of reasons and supporting affidavits.”
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