Is the Administrative Law Judge, Indian Probate Judge, or Bureau of Indian Affairs Decision in Effect During the Appeal?
Under 25 C.F.R. 2.6 and 43 C.F.R. 4.314, decisions of BIA officials are stayed during the time an appeal may be filed and, if an appeal is filed, during the time the appeal is pending before the Board. Again, the decision is not in effect during these time periods.
43 C.F.R. 4.21, which is part of OHA's general regulations and which requires that a petition for stay be filed with a notice of appeal, generally does not apply to appeals before either BIA or the Board. See Wadena v. Acting Minneapolis Area Director, 30 IBIA 130 (1996). 43 C.F.R. 4.21 is a general OHA rule which is superseded by 43 C.F.R. 4.314, which is a specific regulation of the Board.
- What Decisions Can Be Appealed to the Board?
- How Do I Appeal a Decision to the Board?
- What If I Want To Act on the Decision During the Appeal?
- Can I Try To Settle My Appeal after Filing It or Use Some Form of Alternative Dispute Resolution?
- Can I Talk Directly with the Board Judge To Explain My Appeal?
- What Happens During an Appeal?
- What Can I Expect in the Decision?
- What Can Happen after a Decision Is Issued?