Which party (or parties) is/are permitted to file appeals with this office?:
Private Party
Are private parties permitted to have representation at appeal hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Attorney
Is the agency permitted to have representation at appeal hearings?:
Yes (All Types of Cases)
Are ex parte contacts prohibited?:
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations):
Special procedures at 43 CFR Part 4, Subpart E.
Other published guidance for appeal hearings (if any):
IBLA 2011 Manual at http://www.doi.gov/oha/manuals/upload/IBLAManual-2011.pdf.
What types of hearings are permitted on appeals adjudicated by this office?:
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected for appeals heard by this office?:
Depends on Nature of Case/Claim
If "Depends on Nature of Case/Claim", please describe:
Any party may motion for a hearing on an appeal involving questions of fact. 43 CFR 4.415. Some case types have special hearing procedures (certain land title/interest cases, BLM grazing decisions).
How many appeal officers preside at each hearing?:
Varies by Case
If "Varies by Case," please describe:
Normally two, but more may be assigned if they disagree. 43 C.F.R. 4.2(a)
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?:
Yes (All Types of Cases)
Are appeal hearings recorded and/or transcribed?:
Yes
Who typically drafts final decisions on appellate cases adjudicated by this office?:
Adjudication Officer
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?:
Yes (All Types of Cases)
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?:
No
Are final decisions issued by this appellate office published and/or posted on the agency website?:
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
The office of the officer who made the appealed decision must forward to the board the complete administrative record compiled during the officer's consideration of the matter leading to the decision being appealed. 43 CFR 4.411. General procedures specify the record at the hearing level at 43 CFR 4.24.
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?:
No
Total # of Appeal Officers:
5
Is ADR available at one or more points for appellate cases heard by this office?:
Yes
If "Yes," when is ADR available?:
Before Claim/Case Filed
Is ADR a mandatory or voluntary process?:
Voluntary
Verified by Agency:
Not verified