CFR > Title 43 - Public Lands: Interior > SUBTITLE A—Office of the Secretary of the Interior > PART 30—INDIAN PROBATE HEARINGS PROCEDURES > SUBPART J—Formal Probate Proceedings (§30.210 to §30.245) > 30.239—How will the judge decide a petition for rehearing?

30.239—How will the judge decide a petition for rehearing?

(a) If proper grounds are not shown, or if the petition is not timely filed, the judge will:
(1) Issue an order denying the petition for rehearing and including the reasons for denial; and
(2) Furnish copies of the order to the petitioner, the agencies, and the interested parties.
(b) If the petition appears to show merit, the judge must:
(1) Cause copies of the petition and supporting papers to be served on all persons whose interest in the estate might be adversely affected if the petition is granted;
(2) Allow all persons served a reasonable, specified time in which to submit answers or legal briefs in response to the petition; and
(3) Consider, with or without a hearing, the issues raised in the petition.
(c) The judge may affirm, modify, or vacate the former decision.
(d) On entry of a final order, the judge must distribute the order as provided in this part. The order must include a notice stating that interested parties who are adversely affected have a right to appeal the final order to the Board, within 30 days of the date on which the order was mailed, and giving the Board's address.