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<br />6. REQUEST FOR STAY <br /> <br />Except where program-specific regulations place this decision in full force and effect or <br />provide for an automatic stay, the decision becomes effective upon the expiration of the time <br />allowed for filing an appeal unless a petition for stay is timely filed (see 43 CFR 4.21). If <br />you wish to file a petition for a stay of the effectiveness of this decision during the time that <br />your appeal is being reviewed by the Board, the petition for a stay must accompany your <br />notice of appeal. A petition for a stay is required to show sufficient justification based on <br />the standards listed below. Copies of the notice of appeal and petition for a stay must also <br />be submitted to each party named in this decision and to the Interior Board of Land Appeals <br />and the appropriate Office of the Solicitor (see 43 CFR 4.413) at the same time the original <br />documents are filed with this office, If you request a stay, you have the burden of proof to <br />demonstrate that a stay should be granted. <br /> <br />Unless these procedures are followed, your appeal will be subject to dismissal (see 43 CFR 4.402). Be certain that all communications <br />are identified by the serial number of the case being appealed, <br /> <br />NOTE: A document is not filed until it is actually received in the proper office (see 43 CFR 4.401 (a)). <br /> <br />STANDARDS FOR OBTAINING A STAY <br /> <br />Except as otherwise provided by law or other pertinent regulation, a petition for stay of a decision pending appeal shall show sufficient <br />justification based on the following standards: <br /> <br />(1) The relative harm to the parties if the stay is granted or denied, <br /> <br />(2) The likelihood of the appellant's success on the merits, <br /> <br />(3) The likelihood of immediate and irreparable harm if the stay is not granted, and <br /> <br />(4) Whether the public interest favors granting the stay. <br /> <br />Unless these procedures are followed, your appeal will be subject to dismissal (see 43 CFR 4.402). Be certain that all communications <br />are identified by the serial number of the case being appealed, <br /> <br />SUBPART 1821.2-0FFICE HOURS; TIME AND PLACE FOR FILING <br /> <br />Sec. 1821.2-1(a) Office hours; place for filing. Field Offices of the Bureau of Land Management are open to the public for the filing <br />of documents and the inspection of records during the hours specified below, Monday through Friday of each week with the exception of <br />those days where the office may be closed because of a national holiday or Presidential or other administrative order. The hours during <br />which the Field Offices are open to the public for the filing of documents and inspection of records are from 8 a.m. to 4 p.m Mountain <br />Standard Time or Daylight Savings Time, whichever is in effect. <br /> <br />Sec. 1821.2-2( d) Any document required or permitted to be filed under the regulations of this chapter, which is received in the Field <br />Office, either in the mail or by personal delivery when the office is not open to the public, shall be deemed to be filed as of the day and <br />hour the office next opens to the public. <br /> <br />( e) Any document required by law, regulation, or decision to be filed within the stated period, the last day of which falls on a day the <br />Field Office is officially closed, shall be deemed to be timely filed if it is received in the proper office on the next day the office is <br />open to the public. <br /> <br />* * * * * * <br /> <br />See 43 CFR 4.21 for appeal general provisions <br /> <br />CO-QSO-1840-191 <br />(February 1999) <br /> <br />