Exhaustion of administrative remedies.

  1. Law
  2. CFR 43
  3. Public Lands: Interior
  4. Office of the Secretary of the Interior
  5. Department Hearings and Appeals Procedures
  6. Rules Applicable in Indian Affairs Hearings and Appeals
  7. General Rules Applicable to Proceedings on Appeal Before the Interior Board of Indian Appeals
  8. Exhaustion of administrative remedies.

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§ 4.314 Exhaustion of administrative remedies.

(a) No decision of an administrative law judge, Indian probate judge, or BIA official that at the time of its rendition is subject to appeal to the Board, will be considered final so as to constitute agency action subject to judicial review under 5 U.S.C. 704, unless it has been made effective pending a decision on appeal by order of the Board.

(b) No further appeal will lie within the Department from a decision of the Board.

(c) The filing of a petition for reconsideration is not required to exhaust administrative remedies.


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