[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: 43CFR4.5]



[Page 66-67]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

            Subpart A_General; Office of Hearings and Appeals

 

Sec.  4.5  Power of the Secretary and Director.



    (a) Secretary. Nothing in this part shall be construed to deprive 

the Secretary of any power conferred upon him by law. The authority 

reserved to the Secretary includes, but is not limited to:

    (1) The authority to take jurisdiction at any stage of any case 

before any employee or employees of the Department, including any 

administrative law judge or board of the Office, except a case before 

the Board of Contract Appeals which is subject to the Contract Disputes 

Act of 1978, and render the final decision in the matter after holding 

such hearing as may be required by law; and

    (2) The authority to review any decision of any employee or 

employees of



[[Page 67]]



the Department, including any administrative law judge or board of the 

Office, or to direct any such employee or employees to reconsider a 

decision, except a decision by the Board of Contract Appeals which is 

subject to the Contract Disputes Act of 1978.

    (b) The Director. Except for cases or decisions subject to the 

Contract Disputes Act of 1978, the Director, pursuant to his delegated 

authority from the Secretary, may assume jurisdiction of any case before 

any board of the Office or review any decision of any board of the 

Office or direct reconsideration of any decision by any board of the 

Office.

    (c) Exercise of reserved power. If the Secretary or Director assumes 

jurisdiction of a case or reviews a decision, the parties and the 

appropriate Departmental personnel will be advised in writing of such 

action, the administrative record will be requested, and, after the 

review process is completed, a written decision will be issued.



[50 FR 43705, Oct. 29, 1985, as amended at 52 FR 46355, Dec. 7, 1987; 52 

FR 47097, Dec. 11, 1987]