[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: 43CFR4.22]



[Page 68-69]

 

                    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 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



[[Page 69]]



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]