[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: 43CFR4.22]

[Page 50-51]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents
 
      Subpart B--General Rules Relating to Procedures and Practice
 
Sec. 4.22  Documents.

    (a) Filing of documents. A document is filed in the Office where the 
filing is required only when the document is received in that office 
during the office hours when filing is permitted and the document is 
received by a person authorized to receive it.
    (b) Service generally. A copy of each document filed in a proceeding 
before the Office of Hearings and Appeals must be served by the filing 
party on the other party or parties in the case, except as otherwise 
provided by Sec. 4.31. In all cases where a party is represented by an 
attorney, such attorney

[[Page 51]]

will be recognized as fully controlling the case on behalf of his/her 
client, and service of any document relating to the proceeding shall be 
made upon such attorney in addition to any other service specifically 
required by law or by order of a presiding official or an appeals board. 
Where a party is represented by more than one attorney, service upon one 
of the attorneys shall be sufficient.
    (c) Retention of documents. All documents, books, records, papers, 
etc., received in evidence in a hearing or submitted for the record in 
any proceeding before the Office of Hearings and Appeals will be 
retained with the official record of the proceedings. However, the 
withdrawal of original documents may be permitted while the case is 
pending upon the submission of true copies in lieu thereof. When a 
decision has become final, an appeals board in its discretion may, upon 
request and after notice to the other party or parties, permit the 
withdrawal of original exhibits or any part thereof by the party 
entitled thereto. The substitution of true copies of exhibits or any 
part thereof may be required by the Board in its discretion as a 
condition of granting permission for such withdrawal. Transcripts of 
testimony and/or documents received or reviewed pursuant to Sec. 4.31 of 
these rules shall be sealed against disclosure to unauthorized persons 
and retained with the official record, subject to the withdrawal and 
substitution provisions hereof.
    (d) Record address. Every person who files a document for the record 
in connection with any proceeding before the Office of Hearings and 
Appeals shall at the time of his initial filing in the matter state his 
address. Thereafter he must promptly inform the office in which the 
matter is pending of any change in address, giving the docket or other 
appropriate numbers of all matters in which he has made such a filing. 
The successors of such person shall likewise promptly inform such office 
of their interest in the matters and state their addresses. If a person 
fails to furnish a record address as required herein, he will not be 
entitled to notice in connection with the proceedings.
    (e) Computation of time for filing and service. Except as otherwise 
provided by law, in computing any period of time prescribed for filing 
and serving a document, the day upon which the decision or document to 
be appealed from or answered was served or the day of any other event 
after which the designated period of time begins to run is not to be 
included. The last day of the period so computed is to be included, 
unless it is a Saturday, Sunday, Federal legal holiday, or other 
nonbusiness day, in which event the period runs until the end of the 
next day which is not a Saturday, Sunday, Federal legal holiday, or 
other nonbusiness day. When the time prescribed or allowed is 7 days or 
less, intermediate Saturdays, Sundays, Federal legal holidays and other 
nonbusiness days shall be excluded in the computation.
    (f) Extensions of time. (1) The time for filing or serving any 
document may be extended by the Appeals Board or other officer before 
whom the proceeding is pending, except for the time for filing a notice 
of appeal and except where such extension is contrary to law or 
regulation.
    (2) A request for an extension of time must be filed within the time 
allowed for the filing or serving of the document and must be filed in 
the same office in which the document in connection with which the 
extension is requested must be filed.

[36 FR 7186, Apr. 15, 1971, as amended at 53 FR 49660, Dec. 9, 1988]