[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR17.14]



[Page 74]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 17_ACTION ON WILLS OF OSAGE INDIANS--Table of Contents

 

Sec.  17.14  Appeals.



    (a) Notwithstanding the provisions in part 2 of this chapter 

concerning appeals generally from administrative actions, any appeal 

from the action of the superintendent of approving or disapproving a 

will shall be taken to the Secretary. Upon the superintendent's final 

action of approval or disapproval of a will, he shall immediately notify 

by mail all attorneys appearing in the case, together with interested 

parties who are not represented by attorneys, of his decision and of 

their right to file an appeal.

    (b) Any party desiring to appeal from the action of the 

superintendent shall, within 15 days after the date of the mailing of 

notice of the decision file with the superintendent a notice in writing 

of his intention to appeal to the Secretary, and shall, within 30 days 

after the mailing date of such notice by the superintendent, perfect his 

appeal to the Secretary by service of the appeal upon the superintendent 

who will transmit the entire record to the Secretary. If no notice of 

intention to appeal is given within 15 days, the superintendent's 

decision will be final.

    (c) Upon the filing of notice with the superintendent of intention 

to appeal or the perfecting of an appeal by service upon the 

superintendent, at the same time similar notice and service shall be 

effected by the party taking an appeal upon opposing counsel or 

litigants, and a statement included in the appeal that this has been 

done. A party taking an appeal may, within the same 30-day period 

allowed for perfecting an appeal, file a brief or other written 

statement of his contentions, showing also service of that brief upon 

opposing counsel or litigants. Opposing counsel or litigants shall have 

30 days from the date of the service of appellant's brief upon them in 

which to file an answer brief, copies of which also shall be served upon 

the appellant or opposing counsel and litigants. Except by special 

permission, no other briefs will be allowed on appeal.



[26 FR 10930, Nov. 22, 1961]



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