Subpart A of this part provides the authority and jurisdiction of the OHA Director, including the appointment or delegation of other OHA officials to an Ad Hoc Board of Appeals or as a hearing official. The general rules contained in subpart B of this part apply to all matters before the OHA Director unless they are inconsistent with the rules in this subpart G or other procedural rules applicable to specific types of proceedings.

(a) Appeals. Any party may appeal a decision of a Departmental official when the applicable regulations or Departmental policy allow a right of appeal to the head of the Department. If the matter does not fall within the jurisdiction of a standing unit, the party must direct their appeal to the OHA Director.

(b) Hearing requests. Any party may request a hearing to contest a decision of a Departmental official when the applicable regulations or Departmental policy allow a right to request a hearing. If the matter does not fall within the jurisdiction of a Hearings Division, the party must direct their hearing request to the OHA Director.

(a) Appointment of an Ad Hoc Board of Appeals. The Director may appoint an Ad Hoc Board of Appeals to consider and decide a properly filed notice of appeal. The parties will be notified when an Ad Hoc Board has been appointed.

(b) Action on appeals. The Director or appointed Ad Hoc Board will review the record and take one of the following actions:

(1) Decide the appeal upon the Appeal file submitted according to paragraph (d) of this section or other written record before the Director or Ad Hoc Board;

(2) Refer the entire matter or specified portions for a hearing pursuant to paragraph (g) of this section; or

(3) Make other disposition of the case.

(c) Notice of appeal. The appellant must file a written notice of appeal to the Director within 30 days after receipt of the decision they seek to appeal. The notice must identify the decision being appealed, give a concise but complete statement of the relevant facts, and specify the relief sought. The appellant must serve a copy of the notice of appeal and any written arguments or briefs on each person or entity whose interest is affected and on the Departmental official whose decision is being appealed. The appellant must otherwise follow the provisions of § 4.32 regarding filing and service.

(d) Transmittal of appeal file. Within 10 days after receipt of a copy of the notice of appeal, the Departmental official whose decision is being appealed must transmit the entire official file in the matter, including all records, documents, transcripts of testimony, and other information compiled during the proceedings leading to the decision being appealed.

(e) Briefing. If the parties wish to file briefs, they must comply with the following requirements:

(1) An appellant has 30 days from the date of filing of their notice of appeal within which to file an opening brief.

(2) An opposing party will have 30 days from the date of receipt of an appellant's brief in which to file an answer brief.

(3) An appellant or opposing party who wishes to file additional or rebuttal briefs must first obtain permission from the Director or the Ad Hoc Appeals Board presiding over the appeal.

(f) Oral argument. Upon request and for good cause, the Director or appointed Ad Hoc Board may grant an opportunity for and conduct an oral argument. Oral arguments may be recorded, and parties may request the recording or a transcript thereof. The requesting party is responsible for any fees and expenses pursuant to § 4.23 and any applicable Standing Orders available on the Department of the Interior OHA website at https://www.doi.gov/oha.

(g) Referrals for hearing. The Director or appointed Ad Hoc Board may refer an appeal to an ALJ or other presiding officer for a hearing pursuant to this section.

(a) Appointment of hearing official. The Director may appoint a presiding officer to consider a hearing referral or a properly filed hearing request and conduct a hearing. The appointed presiding officer will be an ALJ for any matter where a formal hearing is required under the Administrative Procedure Act, 5 U.S.C. 554,or. For all other hearings, the Director may appoint an ALJ or other presiding officer.

(b) Action on hearing requests. The Director or presiding officer will review the record and take one of the following actions:

(1) Conduct a hearing on the basis of the record pursuant to paragraph (d) of this section;

(2) Schedule and conduct a hearing and any necessary prehearing procedures as appropriate and necessary to resolve the matter; or,

(3) Make other disposition of the case.

(c) General procedures. All hearings may be governed as appropriate and practicable by subpart C of this part, except where specific rules or other hearing procedures are provided by law or regulation.

(d) Hearings based on the record. The Director or presiding officer may conduct a hearing on the basis of the written record if permitted by the regulation giving rise to the hearing right, and when the Director or presiding officer determines that the written record is sufficient to resolve the factual disputes raised in the hearing request.

(e) Administrative Wage Garnishment Hearings. Administrative Wage Garnishment hearings are governed by 31 CFR 285.11, and any applicable OHA Standing Orders.

(f) National Indian Gaming Commission appeals. In those matters where the National Indian Gaming Commission (NIGC) requests that the Director provide a presiding official under 25 CFR 584.6, the Director will appoint an OHA official to conduct a hearing and issue a recommended decision.

Unless otherwise provided by regulation, reconsideration of a decision may be granted only in extraordinary circumstances and upon a finding of sufficient reasons by the Director or a presiding officer appointed by them. Requests for reconsideration must specify the purported error and must be filed within 15 days of the date of the decision, or the specific deadline provided in the regulations relating to the particular type of proceeding. The filing of a request for reconsideration will not stay the effectiveness of a decision unless ordered by the Director or appointed Ad Hoc Board or presiding officer or otherwise provided by statute or regulation. A request for reconsideration need not be filed to exhaust administrative remedies unless otherwise provided by statute or regulation.

The Director may appoint an Ad Hoc Board or presiding officer to conduct proceedings in matters where the Departmental Manual or other Department policy grants a right of direct or appellate review to current or former Department of the Interior employees or their survivors. Rules on practice and procedure applying to employee matters may be published in OHA Standing Orders.