43 CFR 4.1387
§ 4.1387 Petition for discretionary review of initial decisions.
United States · 43 CFR — Public Lands: Interior · Status: effective
Cite this
- Citation
- 43 CFR 4.1387, § 4.1387 Petition for discretionary review of initial decisions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/209185
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Full text
(a) Any party may file a petition for discretionary review of an initial decision of an administrative law judge issued under § 4.1385 with the Board within 30 days of receipt of the decision. An untimely petition shall be dismissed.
(b) The petition for discretionary review shall set forth specifically the alleged errors in the initial decision, with supporting argument, and shall attach a copy of the decision.
(c) Any party may file a response to the petition for discretionary review within 30 days of its service.
(d) The Board shall issue a decision denying the petition or granting the petition and deciding the merits within 60 days of the deadline for filing responses.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.