[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR4.127]



[Page 82]

 

                    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.