30 CFR 1290.106 – How do lessees join a designee’s appeal and how does joinder affect the appeal?
(a) If you are a lessee, and your designee files an appeal under § 1290.103, you may join in that appeal within 30 days after you receive your designee’s Notice of Appeal under § 1290.105(a)(2) by filing a Notice of Joinder with the office or official that issued the order.
Terms Used In 30 CFR 1290.106
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(b) If you join in an appeal under paragraph (a) of this section, you are deemed to appeal the order jointly with the designee, but the designee must fulfill all requirements imposed on appellants under this part and 43 CFR part 4, subparts E and J. You may not file submissions or pleadings separately from the designee.
(c) If you are a lessee and you neither appeal nor join in your designee’s appeal under this section, your designee’s actions with respect to the appeal and any decisions in the appeal bind you.
(d) If you are a designee and you decide to discontinue participation in the appeal, you must serve written notice within 30 days before the next submission or pleading is due on:
(1) All lessees who have joined in the appeal under paragraph (a) of this section;
(2) The office or officer with whom any subsequent submissions or pleadings must be filed, including the IBLA; and
(3) All other parties to the appeal.
(e) If you have joined in the appeal under paragraph (a) of this section, and if the designee notifies you under paragraph (d) of this section that it declines to further pursue the appeal, you become an appellant and must then meet all requirements of this part and 43 CFR part 4, subparts E and J, as the appellant.