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) > 4.1203—Application for temporary relief from alleged discriminatory acts.

4.1203—Application for temporary relief from alleged discriminatory acts.

(a) On or after 10 days from the filing of an application for review under this part, any party may file an application for temporary relief from alleged discriminatory acts.
(b) The application shall be filed in the Hearings Division, OHA, Arlington, Va.
(c) The application shall include—
(1) A detailed written statement setting forth the reasons why relief should be granted;
(2) A showing that the complaint of discrimination was not frivolously brought;
(3) A description of any exigent circumstances justifying temporary relief; and
(4) A statement of the specific relief requested.
(d) All parties to the proceeding to which the application relates shall have 5 days from receipt of the application to file a written response.
(e) The administrative law judge may convene a hearing on any issue raised by the application if he deems it appropriate.
(f) The administrative law judge shall expeditiously issue an order or decision granting or denying such relief.
(g) If all parties consent, before or after the commencement of any hearing on the application for temporary relief, the administrative law judge may order the hearing on the application for review of alleged discriminatory - acts to be advanced and consolidated with the hearing on the application for temporary relief.