GroundRules
43 CFR 4.314: Effect of decision pending appeal and exhaustion of administrative remedies.
Where this section sits in the code
- Title 43—Public Lands: Interior
- Subtitle A—Office of the Secretary of the Interior
- PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES
- Subpart D—Rules Applicable to Appeals Before the Interior Board of Indian Appeals
(a) Except as otherwise provided by applicable statute or regulation, the provisions of 43 CFR 4.21 and this section govern the effect of a decision pending appeal and exhaustion of administrative remedies.
(b) A decision of an administrative law judge, Indian probate judge, or BIA official will not be effective during the time in which an interested party may file a notice of appeal, and the timely filing of a notice of appeal will suspend the effect of the decision appealed from pending the Board's decision on appeal, unless by order of the Board the decision, or any part of it, is made immediately effective.
(c) No further appeal will lie within the Department from a decision of the Board.
(d) The filing of a petition for reconsideration is not required to exhaust administrative remedies.
Collected 2026-08-27T02:26:15Z. Source file · JSON