CFR > Title 36 - Parks, Forests, and Public Property > CHAPTER II—FOREST SERVICE, DEPARTMENT OF AGRICULTURE > PART 251—LAND USES > SUBPART C—Appeal of Decisions Relating to Occupancy and Use of National Forest System Lands (§251.80 to §251.103) > 251.92—Dismissal.

251.92—Dismissal.

(a) The Reviewing Officer shall dismiss an appeal and close the record without a decision on the merits when:
(1) The appellant is not eligible to appeal a decision under this subpart.
(2) Appellant's notice of appeal is not filed within the required time period, or the notice of appeal fails to meet the minimum requirements of § 251.90 of this subpart to such an extent that the Reviewing Officer lacks adequate information on which to base a decision.
(3) In cases where there is only one appellant, the appellant withdraws the appeal.
(4) The requested relief cannot be granted under existing law, fact, or regulation.
(5) The decision is excluded from appeal under this subpart ( § 251.83 ).
(6) The Deciding Officer has withdrawn the decision under appeal.
(7) A request for review of the same decision has been filed by the same person under part 217 of this chapter.
(8) A mediated agreement is reached ( § 251.103 ).
(b) The Reviewing Officer shall give written notice of dismissal that includes an explanation of why the appeal is dismissed.
(c) A Reviewing Officer's dismissal decision is subject to discretionary review at the next administrative level as provided for in § 251.87(d), except when a dismissal decision results from withdrawal of an appeal by an appellant, withdrawal of the initial decision by the Deciding Officer, or a mediated resolution of the dispute.

Code of Federal Regulations

[54 FR 3362, Jan. 23, 1989, as amended at 55 FR 7896, Mar. 6, 1990; 64 FR 37846, July 14, 1999]