CFR > Title 43 - Public Lands: Interior > SUBTITLE A—Office of the Secretary of the Interior > PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES > SUBPART L—Special Rules Applicable to Surface Coal Mining Hearings and Appeals (§4.1100 to §4.1394) > 4.1200—Filing of the application for review with the Office of Hearings and Appeals.

4.1200—Filing of the application for review with the Office of Hearings and Appeals.

(a) Pursuant to 30 CFR 865.13, within 7 days of receipt of an application for review of alleged discriminatory acts, OSM shall file a copy of the application in the Hearings Division, OHA, 801 N. Quincy Street, Suite 300, Arlington, VA 22203. OSM shall also file in the Hearings Division, OHA, Arlington, VA, a copy of any answer submitted in response to the application for review.
(b) The application for review, as filed in the Hearings Division, OHA, shall be held in suspense until one of the following takes place—
(1) A request for temporary relief is filed pursuant to § 4.1203 ;
(2) A request is made by OSM for the scheduling of a hearing pursuant to 30 CFR 865.14(a) ;
(3) A request is made by the applicant for the scheduling of a hearing pursuant to 30 CFR 865.14(a) ;
(4) A request is made by the applicant for the scheduling of a hearing pursuant to 30 CFR 865.14(b) ;
(5) A request is made by OSM that OHA close the case because OSM, the applicant, and the alleged discriminating person have entered into an agreement in resolution of the discriminatory acts and there has been compliance with such agreement.

Code of Federal Regulations

[43 FR 34386, Aug. 3, 1978, as amended at 67 FR 4368, Jan. 30, 2002; 67 FR 61510, Oct. 1, 2002]