43 CFR 4.714 - What authority does the presiding officer have during the determination process?

Regulations last checked for updates: Aug 01, 2025

Title 43 - Public Lands: Interior last revised: Jul 22, 2025

View all text of Subpart H [§ 4.710 - § 4.792]

§ 4.714 - What authority does the presiding officer have during the determination process?

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;

(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.

authority: 5 U.S.C. 301,503; 25 U.S.C. 9,372,410,2201

source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.

cite as: 43 CFR 4.714