Other Fields
Agency Scheme: 
DINTIBLA0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Interior Board of Land Appeals
Name of Hearing Office (global name): 
Department of the Interior: Interior Board of Land Appeals
Sub-Agency/Bureau/Division:: 
Office of Hearings and Appeals
Hearing Officer #1 (Title): 
Administrative Judge
Hearing Officer #2 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Administrative Law Judges (ALJ) may conduct hearings for IBLA and its Administrative Judges. The Board may hear exceptions to the proposed ALJ decision after a hearing on factual questions is held. Special rules for private contests pursuant to the Act of May 14, 1880, as amended (43 U.S.C. 185), or the Act of March 3, 1891 (43 U.S.C. 329) at 43 C.F.R. Part 4, Subpart E, Contest and Protest Proceedings. Special rules for grazing procedures at 43 C.F.R. Part 4, Subpart E, Grazing Procedures (Inside and Outside Grazing Districts).

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Attorney
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
Special procedures at 43 CFR Part 4, Subpart E.
Other published guidance for hearings (if any): 
IBLA 2011 Manual at http://www.doi.gov/oha/manuals/upload/IBLAManual-2011.pdf.
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
ALJ may subpoena witnesses, depositions 43 CFR 4.423; governed by the Act of January 31, 1903 (43 U.S.C. 102-106), and 28 U.S.C. 1821.
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
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 hearing 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 witness testimony permitted at hearings?: 
Yes
Can parties cross-examine witnesses?: 
Yes
Are hearings recorded and/or transcribed?: 
Yes
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
Other
If "Other," please specify: 
Administrative Law Judge decisions are subject to review by the Board.
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
The Board must decide appeals from decisions under 4 C.F.R. ยงยง 4190.1, 5003.1(b) within 60 days after all pleadings have been filed, and within 180 days after the appeal was filed.
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
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 at the hearing-level stage (subject to applicable exce: 
No
ADJUDICATORS
Total # of Hearing Officers: 
5
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Is ADR a mandatory or voluntary process?: 
Voluntary
Verified by Agency: 
Not verified