[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR251.92]

[Page 338]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251_LAND USES--Table of Contents
 
Subpart C_Appeal of Decisions Relating to Occupancy and Use of National 
                           Forest System Lands
 
Sec. 251.92  Dismissal.

    (a) The Reviewing Officer shall dismiss an appeal and close the 
record without a decision on the merits when:
    (1) The appellant is not eligible to appeal a decision under this 
subpart.
    (2) Appellant's notice of appeal is not filed within the required 
time period, or the notice of appeal fails to meet the minimum 
requirements of Sec. 251.90 of this subpart to such an extent that the 
Reviewing Officer lacks adequate information on which to base a 
decision.
    (3) In cases where there is only one appellant, the appellant 
withdraws the appeal.
    (4) The requested relief cannot be granted under existing law, fact, 
or regulation.
    (5) The decision is excluded from appeal under this subpart (Sec. 
251.83).
    (6) The Deciding Officer has withdrawn the decision under appeal.
    (7) A request for review of the same decision has been filed by the 
same person under part 217 of this chapter.
    (8) A mediated agreement is reached (Sec. 251.103).
    (b) The Reviewing Officer shall give written notice of dismissal 
that includes an explanation of why the appeal is dismissed.
    (c) A Reviewing Officer's dismissal decision is subject to 
discretionary review at the next administrative level as provided for in 
Sec. 251.87(d), except when a dismissal decision results from 
withdrawal of an appeal by an appellant, withdrawal of the initial 
decision by the Deciding Officer, or a mediated resolution of the 
dispute.

[54 FR 3362, Jan. 23, 1989, as amended at 55 FR 7896, Mar. 6, 1990; 64 
FR 37846, July 14, 1999]