[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR215.15]

[Page 31-32]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 215--NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES--Table of Contents
 
Sec. 215.15  Dismissal of appeal without review.

    (a) An Appeal Deciding Officer shall dismiss an appeal without 
review when:
    (1) The appeal is not postmarked or the facsimile is not date 
imprinted

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within the 45-day appeal filing period in accordance with Sec. 215.13;
    (2) The requested relief or change cannot be granted under law, 
fact, or regulation;
    (3) The decision at issue is being appealed by the appellant under 
another administrative proceeding;
    (4) The decision is excluded from appeal pursuant to Sec. 215.8;
    (5) The appellant did not express an interest in the specific 
proposal at any time prior to the close of the comment period specified 
in Sec. 215.6;
    (6) The Responsible Official has withdrawn the decision being 
appealed; or
    (7) The appellant has filed for Federal judicial review of the 
decision and the Chief has waived the argument in Sec. 215.20.
    (b) The Appeal Deciding Officer shall give written notice to the 
appellant, interested parties, and Responsible Official that an appeal 
is dismissed and state the reasons for dismissal.