This subpart contains the rules and procedures that apply to the process for determining the heirs of any person who dies entitled to receive compensation under the White Earth Reservation Land Settlement Act of 1985, Public Law 99-264 (100 Stat. 61), amended by Public Law 100-153 (101 Stat. 886), Public Law 100-212 (101 Stat. 1443), Public Law 101-301 (104 Stat. 210), and Public Law 103-263 (103 Stat. 707). See subparts A and B of this part for the authority and jurisdiction of presiding officers and the Board of Indian Appeals, Office of Hearings and Appeals, and the rules generally applicable to proceedings before them. See §§ 4.310 through 4.318 for general rules applicable to proceedings before the Board of Indian Appeals.

(a) Subparts A and B. The general rules contained in subparts A and B of this part apply to the determination process unless they are inconsistent with the rules in this subpart or the rules in those subparts provide otherwise.

(b) 43 CFR part 30. Although the rules in 43 CFR part 30 do not apply to the determination process, the rules in subparts H and J of 43 CFR part 30 and in 43 CFR 30.124 may serve as guidance unless they are inconsistent with the rules in this subpart.

(c) 43 CFR 4.310-4.318. The general rules in §§ 4.310 through 4.318 of this part apply to appeals to the Interior Board of Indian Appeals under this subpart unless they are inconsistent with the rules in this subpart.

(d) OHA Standing Orders. The OHA Standing Order on WELSA Proceedings issued by the OHA Director applies to the determination process. OHA Standing Orders are available on the Department of the Interior OHA website, at https://www.doi.gov/oha.

In addition to the definitions in subpart A of this part, the following definitions apply to this subpart:

Act means the White Earth Reservation Land Settlement Act of 1985, as amended.

Board means OHA's Board of Indian Appeals.

Compensation means a monetary sum, as determined by the Project Director pursuant to section 8(c) of the Act.

Decedent means a person who died entitled to receive compensation under the Act.

Determination process means the legal process established in this subpart for determining distribution of a decedent's estate.

Estate means the compensation due a decedent under the Act.

Final decision means a written document issued by the presiding officer under § 4.744 or § 4.745(a) that finally determines a decedent's heirs and each heir's share of the estate and directs distribution of the estate.

Heir means any individual eligible to receive a share of the estate pursuant to the Minnesota inheritance laws of intestate succession in effect on March 26, 1986.

Party (parties) in interest means any potential or actual heir of a decedent, or of any subsequently deceased potential or actual heir of a decedent.

Preliminary decision means a written non-final document issued by the presiding officer under § 4.732(c) that preliminarily determines a decedent's heirs and each heir's share of the estate.

Presiding officer means a judge, attorney advisor, or other appropriate official to whom the OHA Director has delegated the authority for making heirship determinations as provided for in this subpart.

Project Director means the Superintendent of the Minnesota Agency, Bureau of Indian Affairs, another Bureau of Indian Affairs official with delegated authority to serve as the Federal officer in charge of the WELSA Project, or a person in charge of that project pursuant to authority derived from a contract executed under the Indian Self-Determination and Education Assistance Act, 25 U.S.C. 5321-5332.

As directed by the Act, the presiding officer will determine a decedent's heirs under the Minnesota inheritance laws of intestate succession in effect on March 26, 1986, even though the decedent may have died with a valid will.

The presiding officer has the authority to conduct the determination process in an orderly and judicial manner, including the authority to:

(a) Determine the manner, location, and time of any hearing conducted under this subpart, and otherwise administer the case;

(b) Determine whether an individual is deemed deceased by reason of extended unexplained absence or other pertinent circumstance;

(c) Accept or reject any full or partial renunciation of interest;

(d) Determine the heirs of a decedent and each heir's share of the estate;

(e) Order the distribution of the estate to a decedent's heirs and determine and reserve the share to which any potential heir who is missing but not found to be deceased is entitled;

(f) Issue subpoenas for the appearance of persons, the testimony of witnesses, and the production of documents at hearings or depositions on the judge's own initiative or if requested by the Project Director or a party in interest and approved by the presiding officer;

(g) Administer oaths and affirmations;

(h) Issue discovery orders including those:

(1) Ordering the taking of depositions and determining the scope and use of deposition testimony;

(2) Ordering the production of documents and determining the scope and use of the documents; or

(3) Ruling on matters involving interrogatories and any other requests for discovery;

(i) Grant or deny stays, waivers, and extensions;

(j) Rule on motions, requests, and objections;

(k) Rule on the admissibility of evidence;

(l) Permit the cross-examination of witnesses;

(m) Appoint a guardian ad litem for any party in interest who is a minor or found by the presiding officer not to be competent to represent their own interests in accordance with § 4.715;

(n) Ask the Project Director to file additional evidence;

(o) Dismiss a case and return the case file to the Project Director if the presiding officer determines that the evidence provided by the Project Director under §§ 4.730(a) and 4.731 is incomplete;

(p) Regulate the course of any hearing and the conduct of witnesses, parties in interest, attorneys, and attendees at a hearing; and

(q) Take any action necessary to preserve the estate.

Minors and other legal incompetents who are parties in interest may be represented by legally appointed guardians, or by guardians ad litem appointed by the presiding officer.

(a) General. A document required or permitted to be filed with the presiding officer must be delivered to the presiding officer as specified in this subpart and the OHA Standing Order on WELSA Proceedings.

(b) Methods of filing—(1) Electronic. A document may be filed electronically under the terms specified in the OHA Standing Order on WELSA Proceedings. The Project Director, or any attorney representing a person or entity, must file electronically, unless otherwise specified in the OHA Standing Order on WELSA Proceedings or when the presiding officer has allowed non-electronic filing for good cause.

(2) Non-electronic. Any document filed non-electronically must be delivered to the presiding officer at the address specified in the OHA Standing Order on WELSA Proceedings.

(a) Electronic. A document filed electronically is deemed timely if filed by 11:59 p.m. Central Time on the date the document is due under the terms specified in the OHA Standing Order on WELSA Proceedings.

(b) Non-electronic. A document not filed electronically is deemed timely if, on or before the last day for filing, it is sent by first-class United States mail, or other class of mail that is at least as expeditious, postage prepaid; or it is dispatched to a commercial courier for delivery within 3 days. The date of mailing or dispatch must be documented by a postmark date, acceptance scan, receipt, or similar written acknowledgement from the company delivering the document for filing. A document not received within 7 business days of the filing deadline is presumed untimely, but the presumption may be overcome by the documentation establishing the date of mailing or dispatch.

The presiding officer will issue a notice, order, or decision to each party in interest and the Project Director.

(a) Electronic. A presiding officer's notice, order, or decision may be issued electronically under the terms specified in the OHA Standing Order on WELSA Proceedings.

(b) Non-electronic. A presiding officer's notice, order, or decision may be issued non-electronically by U.S. mail or commercial courier to the Project Director or a party in interest using their record address as provided under § 4.22(b) or, if not provided, their last known mailing address.

A presiding officer's notice, order, or decision must include the date on which it is issued, the names of the persons to whom it is issued, and the method of issuance.

Unless an heirship determination which is recognized by the Act already exists, the Project Director will commence the process of determining the heirs of a decedent by filing with the presiding officer the evidence described in § 4.731.

The Project Director must file with the presiding officer sufficient evidence to enable the presiding officer to determine a decedent's heirs under the Act. That evidence must include:

(a)(1) A copy of the decedent's death certificate if one exists; or

(2) If there is no death certificate, then another form of official written evidence of the death, such as a burial or transportation of remains permit, coroner's report, or church registry of death; or

(3) If there is no death certificate and no other form of official written evidence, then a secondary form of evidence of death such as an affidavit from someone with personal knowledge concerning the fact of death or an obituary or death notice from a newspaper;

(b) A document containing information for heirship finding and family history, including:

(1) The facts and alleged facts of:

(i) The decedent's marriages, separations, and divorces; and

(ii) Whether the relationships of decedent's potential heirs and other known parties in interest arose by marriage, blood, or adoption;

(2) The names and last known addresses of decedent's potential heirs and other known parties in interest; and

(3) Other relevant information regarding the parties in interest, including dates of births and deaths;

(c) A certification by the Project Director or their designee that the information required in paragraph (b)(2) of this section was filed after having made a reasonable and diligent search;

(d) A copy of each document evidencing the information required in paragraphs (b)(1) and (3) of this section, such as marriage licenses and certificates, divorce and adoption decrees, birth and death certificates, and affidavits or adjudications of paternity;

(e) Known and relevant determinations of heirs of relatives of the decedent, including those recognized as effective under section 5(a) of the Act and those rendered by courts of Minnesota or other States, by tribal courts, or by tribunals authorized by the laws of other countries; and

(f) A report of the compensation due the decedent, including interest calculated to the date of death of the decedent and an outline of the derivation of the compensation containing:

(1) Its real property origins and the succession of the compensation to the decedent; and

(2) All of the intervening heirs under the Act, their fractional shares, and the amount of compensation attributed to each of them.

(a) After the presiding officer receives and reviews the evidence filed by the Project Director, the presiding officer will determine whether there are any apparent issues of fact to be resolved.

(b) To resolve any apparent issues of fact, the presiding officer may do one or more of the following:

(1) Request information from the Project Director, parties in interest, or other persons or entities;

(2) Schedule and hold a prehearing conference;

(3) Schedule and hold a hearing; or

(4) Take any other action authorized by this subpart.

(c) If the presiding officer does not hold a hearing, they will issue a preliminary decision determining the decedent's heirs.

(d) If the presiding officer does hold a hearing, they may issue a final decision determining the decedent's heirs without first issuing a preliminary decision.

If the presiding officer issues a preliminary decision, the decision will include each heir's name, birth date, relationship to the decedent, and share of the estate, or a statement that the decedent died without heirs.

(a) The presiding officer will issue a notice of preliminary decision on the same day they issue a preliminary decision. The notice will inform the Project Director and parties in interest of their right to file with the presiding officer an objection to the preliminary decision, with or without a request for hearing, within 40 days of the date of issuance of the notice.

(b) The Project Director:

(1) Will ensure that the notice is posted at the following entities, whose addresses are specified in the OHA Standing Order on WELSA Proceedings:

(i) The White Earth Band of the Minnesota Chippewa Tribe; and

(ii) Minnesota Agency, Bureau of Indian Affairs; and

(2) Has the discretion to identify additional appropriate locations where the notice will be posted and the addresses of those locations will be specified in the OHA Standing Order on WELSA Proceedings.

(c) The postings of the notice must occur within 7 days of the Project Director's receipt of the notice.

(a) The Project Director will prepare a signed certificate of transmission stating when the notice of the preliminary decision was transmitted for posting, and to which locations it will be posted.

(b) Each person at these locations who posts the notice must:

(1) Prepare and sign a posting certificate stating the date and place of posting; and

(2) Transmit the certificate to the Project Director.

(c) The Project Director must file with the presiding officer the Project Director's certificate and each posting certificate transmitted to the Project Director under paragraph (b) of this section.

(a) The Project Director or any party in interest may file with the presiding officer a written objection to a preliminary decision within 40 days after the date of issuance of the notice of preliminary decision.

(b) The objection must allege an error of fact or law in the preliminary decision and state specifically and concisely the grounds on which the objection is based.

(c) The objection may include a request for hearing, which must set forth any disputed issues of fact.

If no written objection to a preliminary decision is timely filed in accordance with § 4.743(a), the presiding officer will issue a final decision.

(a) General. If a written objection to a preliminary decision is filed with the presiding officer before the final decision is issued, they may take any action listed in § 4.732(b) to resolve any issues of fact and will issue a final decision that includes a resolution of the objection.

(b) Denial without opportunity to respond. The presiding officer may deny the objection without providing the Project Director and the parties in interest with an opportunity to respond to the objection, if the objection:

(1) Is not timely filed;

(2) Alleges mere disagreement with the preliminary decision; or

(3) Otherwise fails to assert proper grounds for objecting, as determined by the presiding officer.

(c) Consideration after opportunity to respond. If the presiding officer does not deny the objection under paragraph (b) of this section, the presiding officer will:

(1) Issue a notice allowing the Project Director and the parties in interest a reasonable, specified time in which to file a written response to the objection;

(2) Issue with the notice, a copy of the objection and all papers filed by the objector; and

(3) Consider, with or without a hearing, the issues raised in the objection, including any request for hearing, and in any written responses to the objection.

(a) The final decision must contain:

(1) Each heir's name, birth date, relationship to the decedent, and share of the estate, or a statement that the decedent died without heirs, and this information may be incorporated into the final decision from the preliminary decision if no timely objection to the preliminary decision was filed or if otherwise appropriate; and

(2) A notice that any party in interest who is adversely affected by the final decision, as well as the Project Director, have a right to file a petition for reconsideration with the presiding officer or an appeal with the Board within 30 days of the date of issuance of the final decision.

(b) If an objection to the preliminary decision is filed before the final decision is issued, the final decision must also resolve the objection and set forth the reasons for the resolution.

(a) After issuance of the final decision and any order upon reconsideration, the presiding officer must lodge the original record of the determination process with the Project Director.

(b) The record must contain, where applicable, the following materials:

(1) A copy of the posted notice of preliminary decision, the Project Director's certificate of transmission of the notice for posting, and the posting certificates;

(2) A copy of each notice, order, or decision issued to the parties in interest or Project Director;

(3) The record of evidence received, including any transcript made of testimony;

(4) Information for heirship finding and family history, and information supplementary thereto; and

(5) Any other material or documents deemed relevant by the presiding officer.

A party in interest adversely affected by a final decision, or the Project Director, may file either a petition for reconsideration with the presiding officer or an appeal with the Board under § 4.783, but not both.

(a) Deadline to file. A petition for reconsideration must be filed with the presiding officer within 30 days after the date of issuance of the final decision.

(b) Petition content. (1) A petition for reconsideration must allege a substantive error of fact or law in the final decision and must state specifically and concisely the grounds on which the petition is based.

(2) If the petition is based on evidence newly discovered after, or evidence that was unavailable before, issuance of the final decision, the petition must:

(i) Be accompanied by documentation of that evidence, including, but not limited to, one or more affidavits of a witness stating fully the content of the new evidence; and

(ii) State the reasons for failure to discover and present that evidence before that date.

The Project Director must not initiate distribution of any portion of the estate while the petition for reconsideration is pending. If the petition is filed by a party in interest and not the Project Director, the presiding officer will issue a notice of receipt of the petition to the Project Director as soon as practicable.

(a) General. The presiding officer may take any action listed in § 4.732(b) to resolve any issues of fact and will issue an order upon reconsideration resolving the petition.

(b) Denial without opportunity to respond. The presiding officer may deny the petition without providing the Project Director and the parties in interest with an opportunity to respond to the petition, if the petition:

(1) Is not timely filed;

(2) Is based on newly discovered evidence and fails to meet the requirements of § 4.761(b)(2);

(3) Is based solely on issues raised for the first time on reconsideration;

(4) Alleges mere disagreement with the final decision; or

(5) Otherwise fails to assert proper grounds for reconsideration, as determined by the presiding officer.

(c) Consideration after opportunity to respond. If the presiding officer does not deny the petition under paragraph (b) of this section, the presiding officer will:

(1) Issue a notice allowing the Project Director and the parties in interest a reasonable, specified time in which to file a written response to the petition;

(2) Issue with the notice, a copy of the petition and all papers filed by the petitioner; and

(3) Consider, with or without a hearing, the issues raised in the petition and in any written responses to the petition.

In the order upon reconsideration, the presiding officer may deny the petition in accordance with § 4.763(b) or affirm, modify, or vacate the final decision; and must:

(a) Set forth the reasons for doing so; and

(b) Include a notice stating that any party in interest who is adversely affected by the order upon reconsideration, as well as the Project Director, have the right to appeal the order to the Board within 30 days of the date of issuance of the order.

(a) An order upon reconsideration may be appealed to the Board as provided in § 4.783 of this subpart.

(b) No person or entity may file successive petitions for reconsideration in the same case.

(a) General. The presiding officer may reopen a closed case to correct an error of fact or law in a final decision, including any modification of the final decision.

(b) Methods. (1) A party in interest adversely affected by a final decision, or the Project Director, may seek correction of an error of fact or law by filing a petition for reopening with the presiding officer.

(2) The presiding officer may reopen a case on their own initiative if they become aware of sufficient evidence to justify correction of an error.

(c) Standards. The presiding officer may reopen a closed case:

(1) If the error is discovered more than 30 days after the date of issuance of the final decision; and

(2) If the petition for reopening is filed or the presiding officer reopens the case on their own initiative:

(i) Within 3 years or less of the date of issuance of the final decision; or

(ii) More than 3 years after the date of issuance of the final decision if the presiding officer finds that the need to correct the error outweighs the interests of the public and heirs in the finality of the final decision.

(a) The Project Director may file a petition at any time. All other petitioners must file their petition within one year after the petitioner discovers the alleged error.

(b) If the petitioner files their petition for reopening before the deadline for filing a petition for reconsideration under § 4.761(a), it will be treated as a petition for reconsideration.

(a) A petition for reopening must:

(1) State specifically and concisely the grounds on which the petition is based and the relief requested; and

(2) Append all relevant documentary evidence, including any sworn affidavits, supporting the allegations and relief requested in the petition.

(b) A petition filed by a party in interest must also:

(1) State in the petition the date the petitioner discovered the alleged error; and

(2) Append all relevant documentary evidence, including any sworn affidavits, concerning when and how the petitioner discovered the alleged error.

(c) A petition filed more than 3 years after the date of issuance of the final decision must also show that the need to correct the error outweighs the interests of the public and heirs in the finality of the final decision, which may be shown by addressing the following factors in the petition, as applicable:

(1) The nature of the error;

(2) The passage of time;

(3) Whether the petitioner exercised due diligence in pursuing their rights;

(4) Whether the petitioner's ancestor exercised due diligence in pursuing their rights and whether a failure to exercise should be imputed to the petitioner;

(5) The availability of witnesses and documents;

(6) The general interest in administrative finality;

(7) The number of other estates that would be affected by the reopening, if known; and

(8) Whether the property that was in the estate is still available for redistribution if the case is reopened, if known.

In a petition for reopening, the petitioner may not:

(a) Raise issues or objections that were previously addressed in an order issued in the case;

(b) Submit evidence that was available or discoverable at the time the final decision was issued, or available during any period of reconsideration of the final decision. The requirements at § 4.761(b)(2) concerning presentation of new evidence upon reconsideration also apply to the presentation of new evidence on reopening; or

(c) Raise issues or objections when the petitioner had the opportunity to raise them earlier because the petitioner received proper notice of the preliminary decision or hearing, if any. This paragraph does not apply to the Project Director.

(a) General. The presiding officer may take any action listed in § 4.732(b) to resolve any issues of fact and will issue an order upon reopening resolving the petition.

(b) Denial without opportunity to respond. The presiding officer may deny the petition without providing the Project Director and the parties in interest with an opportunity to respond to the petition, if the petition:

(1) Does not meet the standards set forth at § 4.770(c);

(2) Alleges mere disagreement with a final decision;

(3) Raises issues that were previously addressed in an order issued in the case;

(4) Raises only issues or objections for the first time on reopening and the petitioner is a party in interest who received proper notice of the preliminary decision or of any hearing;

(5) Is based on newly discovered evidence and fails to meet the requirements of § 4.761(b)(2); or

(6) Otherwise fails to assert proper grounds for reopening, as determined by the presiding officer.

(c) Consideration after opportunity to respond. If the presiding officer does not deny the petition under paragraph (b) of this section, the presiding officer will:

(1) Issue a notice allowing the Project Director and the parties in interest a reasonable, specified time in which to file a written response to the petition;

(2) Issue with the notice, a copy of the petition and all papers filed by the petitioner;

(3) Suspend further distribution of the estate during the reopening proceedings, if appropriate, by order to the Project Director; and

(4) Consider, with or without a hearing, the issues raised in the petition.

When a presiding officer reopens a case on their own initiative to correct an error in a final decision, they will:

(a) Issue a notice which must:

(1) Identify the error and explain how the presiding officer intends to modify the final decision to correct the error; and

(2) Allow the Project Director and the parties in interest a reasonable, specified time in which to file a written response to the notice;

(b) Suspend further distribution of the estate during the reopening proceedings, if appropriate, by order to the Project Director; and

(c) Consider, with or without a hearing, the issues raised by any timely written response to the notice and issue an order upon reopening.

In the order upon reopening, the presiding officer may deny the petition for reopening, if any, in accordance with § 4.774(b) or affirm, modify, or vacate the final decision; and must:

(a) Set forth the reasons for doing so; and

(b) Include a notice stating that any party in interest who is adversely affected by the order upon reopening, as well as the Project Director, have the right to appeal the order to the Board within 30 days of the date of issuance of the order.

After the presiding officer issues an order upon reopening, they must submit the record made on reopening to the Project Director.

(a) Errors are non-substantive if they are merely typographical, clerical, or their correction would not change the distribution of a decedent's property.

(b) If, after issuance of an order or decision, it appears that the order or decision contains non-substantive errors, the presiding officer may issue a correction order to the Project Director and the parties in interest correcting them.

(c) The presiding officer may issue a correction order on their own initiative. The Project Director and the parties in interest may also file a request for a correction order at any time.

(d) The correction order is not subject to appeal to the Board.

(a) A final decision will become final on the expiration of the 30 days allowed for filing a notice of appeal with the Board under § 4.783(a) or a petition for reconsideration with the presiding officer under § 4.761(a) unless a notice of appeal or a petition for reconsideration is timely filed.

(b) Each of the following orders will become final on the expiration of the 30 days allowed for filing a notice of appeal with the Board under § 4.783(a) unless a notice of appeal is timely filed:

(1) An order upon reconsideration issued under § 4.763(a);

(2) An order upon reopening issued under § 4.774(a) or § 4.775(c); and

(3) An order upon remand issued under § 4.790(b).

Any of the following decisions or orders of the presiding officer may be appealed to the Board by the Project Director and by any party in interest who is adversely affected by that decision or order:

(a) A final decision;

(b) An order upon reconsideration issued under § 4.763(a);

(c) An order upon reopening issued under § 4.774(a) or § 4.775(c); or

(d) An order upon remand issued under § 4.790(b).

If a petition for reconsideration is timely filed with the presiding officer and a notice of appeal is timely filed with the Board, the Board will dismiss the appeal without prejudice and the presiding officer will issue an order upon reconsideration.

(a) When. (1) A person wishing to appeal a presiding officer's decision or order listed in § 4.781 must file a written notice of appeal with the Board in accordance with § 4.310 within 30 days of the date of issuance of the decision or order. The Board will dismiss any appeal not filed by this deadline.

(2) Within 30 days after filing the notice of appeal, the appellant must also file with the Board, in accordance with § 4.310, a statement of reasons why the presiding officer's decision or order is in error.

(b) How. Both the notice of appeal and statement of reasons must be signed by the appellant, the appellant's attorney, or other qualified representative as provided in 43 CFR 1.3 of this subtitle, and must be filed with the Board by electronic transmission, mail, commercial courier, or hand delivery, in accordance with § 4.310(b).

(a) The appellant must serve a copy of the notice of appeal and the statement of reasons on the Project Director and on the presiding officer whose decision or order is being appealed in accordance with the methods identified in § 4.310(d).

(b) The notice of appeal and the statement of reasons filed with the Board must include a certification that service was made as required by this section.

The Project Director will ensure that the determination process record is expeditiously forwarded to the Board.

(a) If the Board finds that the appellant has set forth sufficient reasons for questioning the presiding officer's decision or order, the Board will issue an order giving all parties in interest an opportunity to respond, following which a decision will be issued.

(b) If the Board finds that the appellant has not set forth sufficient reasons for questioning the presiding officer's decision or order, the Board may issue a decision on the appeal without further briefing.

(c) The Board may issue a decision affirming, reversing, modifying, or vacating the presiding officer's decision or order. If the Board vacates the presiding officer's decision or order, the case will be remanded to the appropriate presiding officer for reconsideration, hearing, or both.

The record filed with the Board under § 4.785 and all documents added during the appeal proceeding, including the Board's decision, must be forwarded to:

(a) The presiding officer after the Board makes a decision remanding the case to the presiding officer, or

(b) The Project Director if the Board makes a decision other than a remand.

If the Board issues a decision remanding a case to the presiding officer, the presiding officer:

(a) May, subject to any directions or restrictions in the Board's decision and § 4.315, do one or more of the following to resolve any issues of fact or law:

(1) Request information from the Project Director and the parties in interest or other persons or entities;

(2) Schedule and hold a prehearing conference;

(3) Schedule and hold a hearing; or

(4) Take any other action authorized by this subpart; and

(b) Will issue an order upon remand determining the issues of fact or law.

In the order upon remand, the presiding officer will resolve the issues of fact or law and must:

(a) Set forth the reasons for doing so; and

(b) Include a notice stating that any party in interest who is adversely affected by the order upon remand, as well as the Project Director have the right to appeal the order to the Board within 30 days of the date of issuance of the order.

After the presiding officer issues an order upon remand, they must submit the record made upon remand to the Project Director.