(a) If an heir, devisee, BIA or Tribe files a timely request for reconsideration, OHA will:
(1) Send to BIA a notice of receipt of a petition for reconsideration as soon as practicable, ordering that the newly added property not be distributed or incorrectly included property not be removed, as applicable, during the pendency of the petition for reconsideration; and
(2) Forward a copy of the petition and any documents filed with the petition to the interested parties and affected agencies.
(b) The agencies must not distribute any portion of the estate while the petition is pending, unless otherwise directed by the judge.
(c) If proper grounds for reconsideration are not shown, the judge will issue an order denying the petition for reconsideration and including the reasons for the denial.
(d) If proper grounds for reconsideration are shown, the judge must:
(1) Allow all persons served a reasonable, specified time in which to submit answers or legal briefs in response to the petition; and
(2) Consider, with or without a hearing, the issues raised in the petition, including requests to renounce, requests to purchase newly added properties at probate, and requests to include newly added property in an existing or new consolidation agreement.
(e) The judge will not reconsider findings made in the decision; the judge will only reconsider findings made in the distribution order regarding the distribution of the additional property or modification to distribution resulting from the inventory correction, as applicable.
(f) If an interested party raises an inventory dispute in the petition for reconsideration, the judge may order that the distribution order is vacated and remand the BIA's petition to the BIA under § 30.128 to resolve the inventory dispute.
(g) The judge will issue a final order on reconsideration which may affirm, modify, or vacate the distribution order.
(h) On entry of a final order on reconsideration, the judge must distribute the order to the petitioner, the agencies, and the interested parties. The order must include notice stating that interested parties who are adversely affected, or BIA, have the 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.
(i) Neither BIA nor any interested party may file successive petitions for reconsideration.
(j) The order on a petition for reconsideration will become final on the expiration of the 30 days allowed for the filing of a notice of appeal, as provided in this part and § 4.320 of this chapter.
[86 FR 72089, Dec. 20, 2021]