43 C.F.R. § 4.702 – Appeals procedures.

(a) Appointment of an Ad Hoc Board of Appeals. The Director may appoint an Ad Hoc Board of Appeals to consider and decide a properly filed notice of appeal. The parties will be notified when an Ad Hoc Board has been appointed.
(b) Action on appeals. The Director or appointed Ad Hoc Board will review the record and take one of the following actions:
1. (1) Decide the appeal upon the Appeal file submitted according to paragraph (d) of this section or other written record before the Director or Ad Hoc Board;
2. (2) Refer the entire matter or specified portions for a hearing pursuant to paragraph (g) of this section; or
3. (3) Make other disposition of the case.
(c) Notice of appeal. The appellant must file a written notice of appeal to the Director within 30 days after receipt of the decision they seek to appeal. The notice must identify the decision being appealed, give a concise but complete statement of the relevant facts, and specify the relief sought. The appellant must serve a copy of the notice of appeal and any written arguments or briefs on each person or entity whose interest is affected and on the Departmental official whose decision is being appealed. The appellant must otherwise follow the provisions of § 4.32 regarding filing and service.
(d) Transmittal of appeal file. Within 10 days after receipt of a copy of the notice of appeal, the Departmental official whose decision is being appealed must transmit the entire official file in the matter, including all records, documents, transcripts of testimony, and other information compiled during the proceedings leading to the decision being appealed.
(e) Briefing. If the parties wish to file briefs, they must comply with the following requirements:
1. (1) An appellant has 30 days from the date of filing of their notice of appeal within which to file an opening brief.
2. (2) An opposing party will have 30 days from the date of receipt of an appellant's brief in which to file an answer brief.
3. (3) An appellant or opposing party who wishes to file additional or rebuttal briefs must first obtain permission from the Director or the Ad Hoc Appeals Board presiding over the appeal.
(f) Oral argument. Upon request and for good cause, the Director or appointed Ad Hoc Board may grant an opportunity for and conduct an oral argument. Oral arguments may be recorded, and parties may request the recording or a transcript thereof. The requesting party is responsible for any fees and expenses pursuant to § 4.23 and any applicable Standing Orders available on the Department of the Interior OHA website at https://www.doi.gov/oha.
(g) Referrals for hearing. The Director or appointed Ad Hoc Board may refer an appeal to an ALJ or other presiding officer for a hearing pursuant to this section.