[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR13.6]

[Page 364-365]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 13--VENDING FACILITIES OPERATED BY BLIND PERSONS--Table of Contents
 
Sec. 13.6  Appeals.

    When the head of an Interior bureau or office has designated a 
representative to act for him under these regulations, he shall provide 
for the review of any matter in dispute between such representatives and 
the State licensing agency. In the event that they fail to reach 
agreement concerning the granting of a permit for the vending stand, the 
modification or revocation of a permit, the suitability of the stand 
location, the assignment of vending proceeds, the methods of operation 
of the stand, or other terms of the permit (including articles which may 
be sold) the State licensing agency shall have the right of appeal to 
the Director, Office of Hearings and Appeals. Such appeals shall be made 
in writing and shall be filed in the Office of the Director (address: 
Director, Office of Hearings and Appeals, 801 North Quincy Street, 
Arlington, VA 22203) within 15 days from the date of notice of the 
decision from which the appeal is taken. Such appeals shall comply 
otherwise with the general rules of the Office of Hearings and Appeals 
in subpart B of part 4 of this title and with the special regulations 
set forth in subpart G of part 4 of this title applicable to proceedings 
in appeals cases which do not lie within the appellate jurisdiction of 
an established Appeals Board of the Office of Hearings and Appeals. Upon 
appeal, full investigation shall be undertaken. A full report shall be 
obtained from the Interior representative from whose decision the appeal 
is being taken. The State licensing agency shall be given opportunity to 
present information. The Department of Health, Education, and Welfare 
shall be available for general advice on program activities and 
objectives. A final decision of the Director, Office f Hearings and 
Appeals, or of an Ad Hoc Appeals Board appointed by him to consider the 
appeal and to issue decision thereon, shall be rendered within ninety 
days of the filing of the appeal. Notification of the decision on appeal 
and the action taken thereon shall be given to the State licensing 
agency and to the Department of Health, Education, and

[[Page 365]]

Welfare. The decision of the Director, Office of Hearings and Appeals, 
or of an Ad Hoc Appeals Board appointed by him, shall be final. At the 
end of each fiscal year the Office of the Secretary shall report to the 
Department of Health, Education, and Welfare the total number of 
applications for vending stand locations received from State licensing 
agencies, the number accepted, the number denied, and the number still 
pending.

[36 FR 7206, Apr. 15, 1971, as amended at 67 FR 4368, Jan. 30, 2002]