43 CFR 4.745: What happens if an objection to the preliminary decision is filed?

(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.