[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: 43CFR4.127]

[Page 65]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents
 
   Subpart C--Special Rules of Practice Before the Interior Board of 
                            Contract Appeals
 
Sec. 4.127  Dismissals.

    (a) Dismissal without prejudice. In certain cases, appeals docketed 
before the Board are required to be placed in a suspense status and the 
Board is unable to proceed with the disposition thereof for reasons not 
within the control of the Board. Where the suspension has continued, or 
may continue, for an inordinate length of time, the board may, in its 
discretion, dismiss such an appeal from the docket without prejudice to 
its reinstatement when the cause of suspension has been removed. Unless 
either party or the Board acts within 3 years to reinstate any appeal 
dismissed without prejudice, the dismissal shall be deemed to have been 
made with prejudice.
    (b) Dismissal for failure to prosecute or defend. Whenever a record 
discloses the failure of either party to file documents required by 
these rules, respond to notices or correspondence from the Board, comply 
with orders of the Board, or otherwise indicates an intention not to 
continue the prosecution or defense of an appeal, the Board may issue an 
order requiring the offending party to show cause why the appeal should 
not be either dismissed or granted, as appropriate. If no cause is 
shown, the Board may take appropriate action.