script as are necessary to accurately reflect the testimony.

POSTHEARING PROCEDURES

§ 4.842 Proposed findings of fact and conclusions of law.

Within 30 days after the close of the hearing each party may file, or the administrative law judge may request, proposed findings of fact and conclusions of law together with supporting briefs. Such proposals and briefs shall be served on all parties and amici. Reply briefs may be submitted within 15 days after receipt of the initial proposals and briefs. Reply briefs should be filed and served on all parties and amici.

§ 4.843 Record for decision.

The administrative law judge will make his decision upon the basis of the record before him. The transcript of testimony, exhibits, and all papers, documents, and requests filed in the proceedings, shall constitute the record for decision and may be inspected and copied.

§ 4.844 Notification of right to file exceptions.

The provisions of § 17.9 of this title govern the making of decisions by administrative law judges, the Director, Office of Hearings and Appeals, and the Secretary. An administrative law judge shall, in any initial decision made by him, specifically inform the applicant or recipient of his right under § 17.9 of this title to file exceptions with the Director, Office of Hearings and Appeals. In instances in which the record is certified to the Director, Office of Hearings and Appeals, or he reviews the decision of an administrative law judge, he shall give the applicant or recipient a notice of certification or notice of review which specifically informs the applicant or recipient that, within a stated period, which shall not be less than 30 days after service of the notice, he may file briefs or other written statements of his contentions.

§ 4.845 Final review by Secretary.

Paragraph (f) of § 17.9 of this title requires that any final decision of an administrative law judge or of the Director, Office of Hearings and Appeals, which provides for the suspension or termination of, or the refusal to grant or continue Federal financial assistance, or the imposition of any other sanction available under Part 17 of this title or the Act, shall be transmitted to the Secretary. The applicant or recipient shall have 20 days following service upon him of such notice to submit to the Secretary exceptions to the decision and supporting briefs or memoranda suggesting remission or mitigation of the sanctions proposed. The Director shall have 10 days after the filing of the exceptions and briefs in which to reply.

Subpart J-Special Rules Applicable to the Alaska Native Claims Settlement Act Hearings and Appeals

SOURCE: 40 FR 33172, Aug. 6, 1975, unless otherwise amended.

§ 4.900 References.

General appeals procedures are contained in Subparts A and B of this part.

§ 4.901 Appeals; general.

(a) Unless otherwise provided, appeals to the Secretary under the Act relating to land selection shall be to the Alaska Native Claims Appeal Board. The Alaska Native Claims Appeal Board shall be personally appointed by the Secretary. At least one member of the Board shall be familiar with Native village life. Among those otherwise qualified to serve on the Board, preference will be given to those familiar with Native village life. The Board is authorized to decide finally for the Secretary appeals under the Act, except, the Board shall not consider appeals relating to enrollment of Alaska Natives, and appeals from decisions on village eligibility shall be personally approved by the Secretary.

(b) All hearings held in connection with appeals to the Alaska Native Claims Appeal Board shall be conduct

ed within the State of Alaska. The Alaska Native Claims Appeal Board has its headquarters within the State of Alaska. The mailing address of the Board is: U.S. Department of the Interior, Alaska Native Claims Appeal Board, P.O. Box 2433, Anchorage, Alaska 99510.

(c) Where the Alaska Native Claims Appeal Board determines that one or more issues raised on an appeal fall within the jurisdiction of another Appeals Board of the Department, it shall certify the record or a part thereof to the Board having jurisdiction, or to the Secretary, for determination. When an appeal is taken to another Appeals Board of the Department and such other Board determines that one or more issues raised on appeal fall within the jurisdiction of the Alaska Native Claims Appeal Board, such other Board shall certify the record or a part thereof to the Alaska Native Claims Appeal Board, or to the Secretary, for determination. When one Appeals Board certifies a record to another Board of the Department, or to the Secretary, the appeal to such other Board or the Secretary shall be deemed timely filed if the appeal was properly filed in accordance with the law and regulations applicable to appeals to the Board in which the appeal was originally filed. Where issues on appeal have been severed and referred to a second Board of the Department, each Board may proceed with its appeal and issue separate decisions, or upon completion of consideration of the questions referred from the Board in which the appeal was first filed, the record and determination of such other Board or the Secretary may be certified to the Board in which the appeal was first filed.

§ 4.902 Who may appeal.

Any party who claims a property interest in land affected by a determination from which an appeal to the Alaska Native Claims Appeal Board is allowed, or an agency of the Federal Government, may appeal as provided in this subpart. However, a regional corporation shall have the right of appeal in any case involving land selections.

§ 4.903 Appeals; how taken.

(a) Notice of appeal. Appellant shall file a written notice of appeal, signed by him or his authorized representative, with the Alaska Native Claims Appeal Board within 30 days after the Idate of receipt of the decision by appellant, or if publication of the decision in the FEDERAL REGISTER is made, within 30 days after publication of the decision in the FEDERAL REGISTER, whichever shall occur first; provided that, with respect to any decision on an application for conveyance of a primary place of residence which was received by the applicant or published in the FEDERAL REGISTER prior to August 6, 1975, appellant shall have 45 days from the effective date of this subpart in which to file a notice of appeal.

(1) Contents of notice of appeal. The notice of appeal shall indicate that an appeal is thereby intended, and identify the decision being appealed; the notice of appeal should indicate the decision being appealed by the serial number and date of the decision.

(2) Service of notice of appeal. Copies of the notice of appeal and any accompanying documents shall be served upon the Alaska Native Claims Appeal Board, the Departmental officer whose action or decision is being appealed, all persons named as parties in the decision being appealed, and such other persons as the board may order.

(b) Statement of reasons and interest affected. (1) If the notice of appeal did not include a statement of the reasons for the appeal, such a statement shall be filed with the Board within 30 days after the notice of appeal was filed. In any case, the appellant will be permitted to file with the Board additional statements of reasons and written arguments or briefs within the 30-day period after filing the notice of appeal.

(2) Within 30 days after filing of the notice of appeal, the appellant shall file with the Board, a statement of facts upon which the appellant relies for standing under § 4.902. The statement of the appellant's standing may be filed as a separate document, or may be included with the statement of reasons, written arguments or briefs filed pursuant to paragraph (b) (1) of this section.

If any party served with a notice of appeal wishes to participate in the proceedings on appeal, he must file an answer within 30 days after service on him of the notice of appeal or statement of reasons where such statement was not included in the notice of appeal. If additional reasons, written arguments or briefs are filed by the appellant, the adverse party shall have 30 days after service thereof within which to answer. The answer must state the reasons the adverse party opposes the appeal.

§ 4.905 Summary dismissal.

An appeal may, in the discretion of the Board, be dismissed for failure to file or serve, upon all persons required to be served, a notice of appeal, statement of reasons or of standing as required by § 4.903.

§ 4.906 Transmittal of administrative record.

Within 10 days after service of a copy of the notice of appeal, the officer whose decision is appealed shall transmit a certified copy of the administrative record to the Alaska Native Claims Appeal Board. Such record will be available for inspection and copying in the Board's office.

§ 4.907 Pleadings.

(a) In addition to pleadings filed pursuant to §§ 4.903 and 4.904, additional briefs may be filed with the consent of the Board, subject to such conditions as the Board may impose. The Board may, upon request and for good cause shown, grant extensions of time for filing briefs.

(b) Briefs shall state clearly and concisely the issues in dispute.

(c) The filing of any pleading, document or other paper shall be deemed to have been made on the date of postmark, except when there is no postmark, in which case it shall be the date of receipt in the proper office.

to the proceeding, and such other persons as the Board may order.

(b) The notice of appeal, all pleadings, briefs and other documents filed with the Board shall contain a certificate stating the names and addresses of all persons served with copies.

(c) Whenever the regulations in this subpart require that a document be served upon a person, service may be made by personal delivery or by mailing the document first-class or by registered or certified mail, return receipt requested, to his address of record.

(d) Service may be proved by an acknowledgment of the person served, or by a certificate of service, stating the time and manner of service, signed by the person making service. No default will be entered without proof of actual service, or satisfactory proof of inability to serve.

(e) When an attorney has entered an appearance for a party in a case involving an appeal before the Alaska Native Claims Appeal Board, such attorney will be recognized as responsible for the case on behalf of his client and service of all briefs and other documents filed with the Board shall be made upon the attorney. The requirement of service of any document relating to the proceeding on such party may be fully satisfied by making service upon such attorney, unless otherwise specifically required by law, rule, order, or regulation of the Alaska Native Claims Appeal Board. When more than one attorney has entered an appearance for a party, service upon one of the attorneys shall be sufficient.

(f) Whenever a time period commences after service is made, for purposes of computing the time period, service shall be deemed to have been made on the date personal service was made, or, if service was made by mail, on the date of posting.

§ 4.909 Amicus curiae;

joinder.

intervenors;

sidered a party to the proceeding for purposes of this subpart.

(b) Any person may petition the Board to intervene in an appeal. Upon a proper showing of interest under § 4.902, such person may be recognized as an intervenor in the appeal.

(c) The Board may require the joinder of any person whose participation is deemed essential to the final determination of an appeal.

(d) Any motion seeking intervention or joinder shall be served on all parties to the proceeding, and a certification of service must be filed in accordance with § 4.908.

§ 4.910 Appearances; practice.

(a) Representation; generally. Appearance and representation before the Board shall be governed generally by the applicable provisions in Part 1 of Subtitle A of this title, which regulates practice before the Department of the Interior.

(b) Practice and procedure. When not in conflict with this subpart, the provisions in Subparts A and B of this part shall be applicable.

§ 4.911 Proceedings.

(a) Consolidation and separation. Under appropriate circumstances, the Board may consolidate several appeals, or separate a single appeal into component parts, each of which may be processed as a separate appeal.

(b) Conferences. When orderly and equitable processing of the appeal will be furthered, the Board may hold conferences with the parties.

(c) Hearings. A party may request a hearing to present evidence on an issue of fact. Such request shall be made in writing and filed with the Board. Copies of the request shall be served in accordance with § 4.908. The allowance of a request for hearing is within the discretion of the Board, and the Board may, on its own motion, order a hearing on one or more issues of fact. Any hearing may be conducted by the Board or a member or members thereof, or where required, the hearing will be conducted by an administrative law judge, pursuant to an order by the Board. Any order by the Board

(a) A brief of an amicus curiae may be filed with the Board. Copies of amicus curiae briefs shall be served upon all parties to the proceeding and a certificate of service must be filed in accordance with § 4.908. Any person filing an amicus brief shall not be con

shall specify the issues upon which the hearing is to be held.

(d) Copy requirements. Unless otherwise provided in this subpart or by order of the Board, an original and one copy of all documents should be filed with the Board. All documents must be legible.

(e) Official file. The Board shall maintain one official file constituting the entire record of each appeal before the Board. No document shall be removed from the official file. The official file shall be available in the Board's office for inspection and copying.

(a) It is the responsibility of the parties to produce those persons whose testimony will support their respective positions at the times and places established for evidentiary hearings, and to keep such witnesses available so long as may be necessary for the reception of their testimony. All employees of the Department of Interior requested by the Board or any administrative law judge to testify before or furnish relevant information to the Board or the administrative law judge shall comply with such request.

(b) If a witness fails to appear in spite of every reasonable effort to assure his appearance, the Board may allow secondary evidence to be submitted in lieu of the testimony of such witness; the weight to be attributed to such secondary evidence shall be within the discretion of the Board.

§ 4.913 Settlement approval.

(a) Where an Office, Bureau, Service or other unit of the Department of the Interior is a party to an appeal before the Alaska Native Claims Appeal Board, no settlement agreement that will resolve one or more matters in issue without any action or decision by the Board shall be entered into by such organization unless such agreement is approved by the Secretary or his delegate.

(b) Where an appeal is before the Alaska Native Claims Appeal Board, and no unit of the Department of the Interior is a party to the appeal, no agreement between parties which may require future action or forbearance

§ 4.1002 Initiation of Proceedings to Contest.

(a) Personal Service. As provided in 25 CFR 43h.15, where the enrollment coordinator concludes that the enrollment of a person as an Alaska Native was improper he shall, as the contestant, initiate a contest by serving a copy of the complaint on the contestee whose enrollment is being challenged and filing the complaint with the Office of Hearings and Appeals, 4015 Wilson Boulevard, Arlington, Virginia 22203. An administrative law judge shall be assigned to the case. The complaint filed with the Office of Hearings and Appeals shall be accompanied by a certificate stating that service has