43 CFR Subpart L - Subpart L—Special Rules Applicable to Surface Coal Mining Hearings and Appeals
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General Provisions (§§ 4.1100 - 4.1117)
- § 4.1100 Definitions.
- § 4.1101 Jurisdiction of the Board.
- § 4.1102 Construction.
- § 4.1103 Eligibility to practice.
- § 4.1104 General rules relating to procedure and practice.
- § 4.1105 Parties.
- § 4.1106 Hearing sites.
- § 4.1107 Filing of documents.
- § 4.1108 Form of documents.
- § 4.1109 Service.
- § 4.1110 Intervention.
- § 4.1111 Voluntary dismissal.
- § 4.1112 Motions.
- § 4.1113 Consolidation of proceedings.
- § 4.1114 Advancement of proceedings.
- § 4.1115 Waiver of right to hearing.
- § 4.1116 Status of notices of violation and orders of cessation pending review by the Office of Hearings and Appeals.
- § 4.1117 Reconsideration.
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Evidentiary Hearings (§§ 4.1120 - 4.1129)
- § 4.1120 Presiding officers.
- § 4.1121 Powers of administrative law judges.
- § 4.1122 Conduct of administrative law judges.
- § 4.1123 Notice of hearing.
- § 4.1124 Certification of interlocutory ruling.
- § 4.1125 Summary decision.
- § 4.1126 Proposed findings of fact and conclusions of law.
- § 4.1127 Initial orders and decisions.
- § 4.1128 Effect of initial order or decision.
- § 4.1129 Certification of record.
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Discovery (§§ 4.1130 - 4.1141)
- § 4.1130 Discovery methods.
- § 4.1131 Time for discovery.
- § 4.1132 Scope of discovery.
- § 4.1133 Sequence and timing of discovery.
- § 4.1134 Supplementation of responses.
- § 4.1135 Motion to compel discovery.
- § 4.1136 Failure to comply with orders compelling discovery.
- § 4.1137 Depositions upon oral examination or upon written questions.
- § 4.1138 Use of depositions.
- § 4.1139 Written interrogatories to parties.
- § 4.1140 Production of documents and things and entry upon land for inspection and other purposes.
- § 4.1141 Admissions.
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Petitions for Review of Proposed Assessments of Civil Penalties (§§ 4.1150 - 4.1158)
- § 4.1150 Who may file.
- § 4.1151 Time for filing.
- § 4.1152 Contents of petition; payment required.
- § 4.1153 Answer.
- § 4.1154 Review of waiver determination.
- § 4.1155 Burdens of proof in civil penalty proceedings.
- § 4.1156 Summary disposition.
- § 4.1157 Determination by administrative law judge.
- § 4.1158 Appeals.
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Review of Section 521 Notices of Violation and Orders of Cessation (§§ 4.1160 - 4.1171)
- § 4.1160 Scope.
- § 4.1161 Who may file.
- § 4.1162 Time for filing.
- § 4.1163 Effect of failure to file.
- § 4.1164 Contents of application.
- § 4.1165 Answer.
- § 4.1166 Contents of answer.
- § 4.1167 Notice of hearing.
- § 4.1168 Amendments to pleadings.
- § 4.1169 Failure to state a claim.
- § 4.1170 Related notices or orders.
- § 4.1171 Burden of proof in review of section 521 notices or orders.
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Expedited Review of Section 521(a)(2) or 521(a)(3) Orders of Cessation (§§ 4.1180 - 4.1187)
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Proceedings for Suspension or Revocation of Permits Under Section 521(a)(4) of the Act (§§ 4.1190 - 4.1197)
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Applications for Review of Alleged Discriminatory Acts Under Section 703 of the Act (§§ 4.1200 - 4.1205)
- § 4.1200 Filing of the application for review with the Office of Hearings and Appeals.
- § 4.1201 Request for scheduling of a hearing.
- § 4.1202 Response to request for the scheduling of a hearing.
- § 4.1203 Application for temporary relief from alleged discriminatory acts.
- § 4.1204 Determination by administrative law judge.
- § 4.1205 Appeals.
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Applications for Temporary Relief (§§ 4.1260 - 4.1267)
- § 4.1260 Scope.
- § 4.1261 When to file.
- § 4.1262 Where to file.
- § 4.1263 Contents of application.
- § 4.1264 Response to application.
- § 4.1265 Determination on application concerning a notice of violation issued pursuant to section 521(a)(3) of the act.
- § 4.1266 Determination on application concerning an order of cessation.
- § 4.1267 Appeals.
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Appeals to the Board From Decisions or Orders of Administrative Law Judges (§§ 4.1270 - 4.1275)
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Appeals to the Board From Decisions of the Office of Surface Mining (§§ 4.1280 - 4.1287)
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Petitions for Award of Costs and Expenses Under Section 525(e) of the Act (§§ 4.1290 - 4.1296)
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Petitions for Review of Proposed Individual Civil Penalty Assessments Under Section 518(f) of the Act (§§ 4.1300 - 4.1309)
- § 4.1300 Scope.
- § 4.1301 Who may file.
- § 4.1302 Time for filing.
- § 4.1303 Contents and service of petition.
- § 4.1304 Answer, motion, or statement of OSM.
- § 4.1305 Amendment of petition.
- § 4.1306 Notice of hearing.
- § 4.1307 Elements; burdens of proof.
- § 4.1308 Decision by administrative law judge.
- § 4.1309 Petition for discretionary review.
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Request for Hearing on a Preliminary Finding Concerning a Demonstrated Pattern of Willful Violations Under Section 510(c) of the Act, 30 U.S.C. 1260(c) (Federal Program; Federal Lands Program; Federal Program for Indian Lands) (§§ 4.1350 - 4.1356)
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Request for Review of Approval or Disapproval of Applications for New Permits, Permit Revisions, Permit Renewals, the Transfer, Assignment or Sale of Rights Granted Under Permit (Federal Program; Federal Lands Program; Federal Program for Indian Lands) and for Coal Exploration Permits (Federal Program) (§§ 4.1360 - 4.1369)
- § 4.1360 Scope.
- § 4.1361 Who may file.
- § 4.1362 Where to file; when to file.
- § 4.1363 Contents of request; amendment of request; responses.
- § 4.1364 Time for hearing; notice of hearing; extension of time for hearing.
- § 4.1365 Status of decision pending administrative review.
- § 4.1366 Burdens of proof.
- § 4.1367 Request for temporary relief.
- § 4.1368 Determination by the Administrative Law Judge.
- § 4.1369 Petition for discretionary review; judicial review.
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Review of OSM Decisions Proposing To Suspend or Rescind or Suspending or Rescinding Improvidently Issued Permits (§§ 4.1370 - 4.1377)
- § 4.1370 Scope.
- § 4.1371 Who may file, where to file, when to file.
- § 4.1372 Contents of request for review, response to request, amendment of request.
- § 4.1373 Hearing.
- § 4.1374 Burdens of proof.
- § 4.1375 Time for initial decision.
- § 4.1376 Petition for temporary relief from notice of proposed suspension or rescission or notice of suspension or rescission; appeals from decisions granting or denying temporary relief.
- § 4.1377 Petition for discretionary review of initial decision.
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Review of Office of Surface Mining Written Decisions Concerning Ownership or Control Challenges (§§ 4.1380 - 4.1387)
- § 4.1380 Scope.
- § 4.1381 Who may file; when to file; where to file.
- § 4.1382 Contents of request for review; response to request; amendment of request.
- § 4.1383 Hearing.
- § 4.1384 Burdens of proof.
- § 4.1385 Time for initial decision.
- § 4.1386 Petition for temporary relief from decision; appeals from decisions granting or denying temporary relief.
- § 4.1387 Petition for discretionary review of initial decisions.
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Request for Review of OSM Determinations of Issues Under 30 CFR Part 761 (Federal Program; Federal Lands Program; Federal Program for Indian Lands) (§§ 4.1390 - 4.1394)