APPLICATIONS FOR TEMPORARY RELIEF

• § 4.1260 - Scope.

• § 4.1261 - When to file.

• § 4.1262 - Where to file.

• § 4.1263 - Contents of application.

• § 4.1264 - Response to application.

• § 4.1265 - Determination on application concerning a notice of violation issued pursuant to section 521(a)(3) of the act.

• § 4.1266 - Determination on application concerning an order of cessation.

• § 4.1267 - Appeals.

APPEALS TO THE BOARD FROM DECISIONS OR ORDERS OF ADMINISTRATIVE LAW JUDGES

• § 4.1270 - Petition for discretionary review of a proposed civil penalty.

• § 4.1271 - Notice of appeal.

• § 4.1272 - Interlocutory appeals.

• § 4.1273 - Briefs.

• § 4.1274 - Remand.

• § 4.1275 - Final decisions.

APPEALS TO THE BOARD FROM DECISIONS OF THE OFFICE OF SURFACE MINING

• § 4.1282 - Appeals; how taken.

• § 4.1283 - Service.

• § 4.1284 - Answer.

• § 4.1285 - Summary dismissal.

• § 4.1286 - Motion for a hearing on an appeal involving issues of fact.

• § 4.1287 - Action by administrative law judge.

• § 4.1280 - Scope.

• § 4.1281 - Who may appeal.

PETITIONS FOR AWARD OF COSTS AND EXPENSES UNDER SECTION 525(E) OF THE ACT

• § 4.1290 - Who may file.

• § 4.1291 - Where to file; time for filing.

• § 4.1292 - Contents of petition.

• § 4.1293 - Answer.

• § 4.1294 - Who may receive an award.

• § 4.1295 - Awards.

• § 4.1296 - Appeals.

PETITIONS FOR REVIEW OF PROPOSED INDIVIDUAL CIVIL PENALTY ASSESSMENTS UNDER SECTION 518(F) OF THE ACT

• § 4.1300 - Scope.

• § 4.1301 - Who may file.

• § 4.1302 - Time for filing.

• § 4.1303 - Contents and service of petition.

• § 4.1304 - Answer, motion, or statement of OSM.

• § 4.1305 - Amendment of petition.

• § 4.1306 - Notice of hearing.

• § 4.1307 - Elements; burdens of proof.

• § 4.1308 - Decision by administrative law judge.

• § 4.1309 - Petition for discretionary review.

REQUEST FOR HEARING ON A PRELIMINARY FINDING CONCERNING A DEMONSTRATED PATTERN OF WILLFUL VIOLATIONS UNDER SECTION 510(C) OF THE ACT, 30 U.S.C. 1260(C) (FEDERAL PROGRAM; FEDERAL LANDS PROGRAM; FEDERAL PROGRAM FOR INDIAN LANDS)

• § 4.1350 - Scope.

• § 4.1351 - Preliminary finding by OSM.

• § 4.1352 - Who may file; where to file; when to file.

• § 4.1353 - Contents of request.

• § 4.1354 - Determination by the administrative law judge.

• § 4.1355 - Burden of proof.

• § 4.1356 - Appeals.

REQUEST FOR REVIEW OF APPROVAL OR DISAPPROVAL OF APPLICATIONS FOR NEW PERMITS, PERMIT REVISIONS, PERMIT RENEWALS, THE TRANSFER, ASSIGNMENT OR SALE OF RIGHTS GRANTED UNDER PERMIT (FEDERAL PROGRAM; FEDERAL LANDS PROGRAM; FEDERAL PROGRAM FOR INDIAN LANDS) AND FOR COAL EXPLORATION PERMITS (FEDERAL PROGRAM)

• § 4.1360 - Scope.

• § 4.1361 - Who may file.

• § 4.1362 - Where to file; when to file.

• § 4.1363 - Contents of request; amendment of request; responses.

• § 4.1364 - Time for hearing; notice of hearing; extension of time for hearing.

• § 4.1365 - Status of decision pending administrative review.

• § 4.1366 - Burdens of proof.

• § 4.1367 - Request for temporary relief.

• § 4.1368 - Determination by the Administrative Law Judge.

• § 4.1369 - Petition for discretionary review; judicial review.

REVIEW OF OSM DECISIONS PROPOSING TO SUSPEND OR RESCIND OR SUSPENDING OR RESCINDING IMPROVIDENTLY ISSUED PERMITS

• § 4.1370 - Scope.

• § 4.1371 - Who may file, where to file, when to file.

• § 4.1372 - Contents of request for review, response to request, amendment of request.

• § 4.1373 - Hearing.

• § 4.1374 - Burdens of proof.

• § 4.1375 - Time for initial decision.

• § 4.1376 - Petition for temporary relief from notice of proposed suspension or rescission or notice of suspension or rescission; appeals from decisions granting or denying temporary relief.

• § 4.1377 - Petition for discretionary review of initial decision.

REVIEW OF OFFICE OF SURFACE MINING WRITTEN DECISIONS CONCERNING OWNERSHIP OR CONTROL CHALLENGES

• § 4.1380 - Scope.

• § 4.1381 - Who may file; when to file; where to file.

• § 4.1382 - Contents of request for review; response to request; amendment of request.

• § 4.1383 - Hearing.

• § 4.1384 - Burdens of proof.

• § 4.1385 - Time for initial decision.

• § 4.1386 - Petition for temporary relief from decision; appeals from decisions granting or denying temporary relief.

• § 4.1387 - Petition for discretionary review of initial decisions.

REQUEST FOR REVIEW OF OSM DETERMINATIONS OF ISSUES UNDER 30 CFR PART 761 (FEDERAL PROGRAM; FEDERAL LANDS PROGRAM; FEDERAL PROGRAM FOR INDIAN LANDS)

• § 4.1390 - Scope.

• § 4.1391 - Who may file; where to file; when to file; filing of administrative record.

• § 4.1392 - Contents of request; amendment of request; responses.

• § 4.1393 - Status of decision pending administrative review.

• § 4.1394 - Burden of proof.

GENERAL PROVISIONS

• § 4.1100 - Definitions.

• § 4.1101 - Jurisdiction of the Board.

• § 4.1102 - Construction.

• § 4.1103 - Eligibility to practice.

• § 4.1104 - General rules relating to procedure and practice.

• § 4.1105 - Parties.

• § 4.1106 - Hearing sites.

• § 4.1107 - Filing of documents.

• § 4.1108 - Form of documents.

• § 4.1109 - Service.

• § 4.1110 - Intervention.

• § 4.1111 - Voluntary dismissal.

• § 4.1112 - Motions.

• § 4.1113 - Consolidation of proceedings.

• § 4.1114 - Advancement of proceedings.

• § 4.1115 - Waiver of right to hearing.

• § 4.1116 - Status of notices of violation and orders of cessation pending review by the Office of Hearings and Appeals.

• § 4.1117 - Reconsideration.

EVIDENTIARY HEARINGS

• § 4.1120 - Presiding officers.

• § 4.1121 - Powers of administrative law judges.

• § 4.1122 - Conduct of administrative law judges.

• § 4.1123 - Notice of hearing.

• § 4.1124 - Certification of interlocutory ruling.

• § 4.1125 - Summary decision.

• § 4.1126 - Proposed findings of fact and conclusions of law.

• § 4.1127 - Initial orders and decisions.

• § 4.1128 - Effect of initial order or decision.

• § 4.1129 - Certification of record.

DISCOVERY

• § 4.1130 - Discovery methods.

• § 4.1131 - Time for discovery.

• § 4.1132 - Scope of discovery.

• § 4.1133 - Sequence and timing of discovery.

• § 4.1134 - Supplementation of responses.

• § 4.1135 - Motion to compel discovery.

• § 4.1136 - Failure to comply with orders compelling discovery.

• § 4.1137 - Depositions upon oral examination or upon written questions.

• § 4.1138 - Use of depositions.

• § 4.1139 - Written interrogatories to parties.

• § 4.1140 - Production of documents and things and entry upon land for inspection and other purposes.

• § 4.1141 - Admissions.

PETITIONS FOR REVIEW OF PROPOSED ASSESSMENTS OF CIVIL PENALTIES

• § 4.1150 - Who may file.

• § 4.1151 - Time for filing.

• § 4.1152 - Contents of petition; payment required.

• § 4.1153 - Answer.

• § 4.1154 - Review of waiver determination.

• § 4.1155 - Burdens of proof in civil penalty proceedings.

• § 4.1156 - Summary disposition.

• § 4.1157 - Determination by administrative law judge.

• § 4.1158 - Appeals.

REVIEW OF SECTION 521 NOTICES OF VIOLATION AND ORDERS OF CESSATION

• § 4.1160 - Scope.

• § 4.1161 - Who may file.

• § 4.1162 - Time for filing.

• § 4.1163 - Effect of failure to file.

• § 4.1164 - Contents of application.

• § 4.1165 - Answer.

• § 4.1166 - Contents of answer.

• § 4.1167 - Notice of hearing.

• § 4.1168 - Amendments to pleadings.

• § 4.1169 - Failure to state a claim.

• § 4.1170 - Related notices or orders.

• § 4.1171 - Burden of proof in review of section 521 notices or orders.

EXPEDITED REVIEW OF SECTION 521(A)(2) OR 521(A)(3) ORDERS OF CESSATION

• § 4.1180 - Purpose.

• § 4.1181 - Who may file.

• § 4.1182 - Where to file.

• § 4.1183 - Time for filing.

• § 4.1184 - Contents of application.

• § 4.1185 - Computation of time for decision.

• § 4.1186 - Waiver of the 30-day decision requirement.

• § 4.1187 - Procedure if 30-day decision requirement is not waived.

PROCEEDINGS FOR SUSPENSION OR REVOCATION OF PERMITS UNDER SECTION 521(A)(4) OF THE ACT

• § 4.1190 - Initiation of proceedings.

• § 4.1191 - Answer.

• § 4.1192 - Contents of answer.

• § 4.1193 - Notice of hearing.

• § 4.1194 - Burden of proof in suspension or revocation proceedings.

• § 4.1195 - Determination by the administrative law judge.

• § 4.1196 - Summary disposition.

• § 4.1197 - Appeals.

APPLICATIONS FOR REVIEW OF ALLEGED DISCRIMINATORY ACTS UNDER SECTION 703 OF THE ACT

• § 4.1200 - Filing of the application for review with the Office of Hearings and Appeals.

• § 4.1201 - Request for scheduling of a hearing.

• § 4.1202 - Response to request for the scheduling of a hearing.

• § 4.1203 - Application for temporary relief from alleged discriminatory acts.

• § 4.1204 - Determination by administrative law judge.

• § 4.1205 - Appeals.