[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: 43CFR4.2]



[Page 66]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 4_DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents

 

            Subpart A_General; Office of Hearings and Appeals

 

Sec.  4.2  Membership of appeals boards; decisions, functions of Chief Judges.



    (a) The Appeals Boards consist of regular members, who are hereby 

designated Administrative Judges, one of whom is designated as Chief 

Administrative Judge, the Director as an ex officio member, and 

alternate members who may serve, when necessary, in place of or in 

addition to regular members. The Chief Administrative Judge of an 

Appeals Board may direct that an appeal may be decided by a panel of any 

two Administrative Judges of the Board, but if they are unable to agree 

upon a decision, the Chief Administrative Judge may assign one or more 

additional Administrative Judges of the Board to consider the appeal. 

The concurrence of a majority of the Board Administrative Judges who 

consider an appeal shall be sufficient for a decision.

    (b) Decisions of the Board must be in writing and signed by not less 

than a majority of the Administrative Judges who considered the appeal. 

The Director, being an ex officio member, may participate in the 

consideration of any appeal and sign the resulting decision.

    (c) The Chief Administrative Judge of an Appeals Board shall be 

responsible for the internal management and administration of the Board, 

and the Chief Administrative Judge is authorized to act on behalf of the 

Board in conducting correspondence and in carrying out such other duties 

as may be necessary in the conduct of routine business of the Board.



[39 FR 7931, Mar. 1, 1974]