251.95—Authority of reviewing officer.
(a) Discretion to establish procedures.
A Reviewing Officer may issue such procedural orders as deemed appropriate to ensure orderly, expeditious, and fair conduct of an appeal providing they are consistent with other provisions of this part.
(1)
In appeals involving intervenors, the Reviewing Officer may prescribe special procedures to conduct the appeal.
(2)
All parties to an appeal shall receive notice of any orders or decisions on the conduct of the appeal.
(3)
Orders and determinations governing the conduct of an appeal are not subject to appeal and further review.
(b) Consolidation of appeals.
A Reviewing Officer may consolidate multiple appeals of the same decision, or of similar decisions involving common issues of fact or law and issue one appeal decision. Similarly, a Reviewing Officer may issue one decision in cases involving separate reviews filed pursuant to 36 CFR part 217 and under this part when the decision at issue is the same decision. In such case, the Reviewing Officer shall give notice to all parties to multiple appeals.
(2)
At the discretion of the Reviewing Officer, the Deciding Officer may prepare one responsive statement to multiple appeals.
(c) Requests for additional information.
Except in discretionary review conducted pursuant to § 251.100 and second level appeals of decisions made by the District Ranger pursuant to § 251.87(c) of this subpart, the Reviewing Officer may ask any party to an appeal for additional information as deemed necessary to decide the appeal. Such requests will be limited to obtaining and evaluating information needed to clarify issues raised. The Reviewing Officer shall notify all parties of the request for information, provide it to all parties, give opportunity to comment, and extend time periods if necessary to allow for submission of the information.