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iii iiii«iiiiiu iii ~ ~. <br />sss <br />UNITED STATES DEPARTMENT OF THE INTERIOR <br />OFFICE OF HEARINGS AND APPEP.LS <br />BOARD OF LAND APPEALS <br />Jim and Ann Tatum, <br />Appellants, <br />v. <br />Office of Surface Mining <br />Reclamation and <br />Enforcement, <br />Petitioner. <br />IBLA 96-90 and 96-91 <br />Date: January 26, 2000 <br />PETITION FOR RECONSIDERATION <br />AND <br />REQUEST FOR STAY <br />COMES NOW the Petitioner, Office of Surface Mining <br />Reclamation and Enforcement (OSM), and humbly and respectfully <br />requests that the Interior Board of Land Appeals (the Board) <br />reconsider its decision in the above captioned matter. This <br />petition is submitted pursuant to 43 C.F.R. $~ 4.21(d) and <br />4.1284. In addition, OSM humbly and respectfully requests that <br />the Board's order in this matter be stayed pending a decision on <br />this petition. <br />OSM received the Board's decision on January 12, 2000. OSM <br />believes that this Petition is timely filed. The Office of <br />Hearings and Appeals` (OHA) regulation governing petitions for <br />reconsideration is found at 43 C.F.R. § 4.21(d). This regulation <br />provides that a petition for reconsideration must be filed <br />"promptly, or within the time required by the regulations <br />relating to the particular type of proceeding". This matter <br />concerns an appeal from a decision of the Office of Surface <br />Mining and thus falls under OHA's regulations at 43 C.F.R. <br />§§ 4.1280 - 4.1286. These regulations do not specify a time <br />frame for the submission of a reconsideration petition. Since <br />this is the case, OSM must is simply required to file this <br />petition "promptly", per the requirement of 43 C.F.R. § 4.21(d). <br />OSM believes that this petition is being submitted promptly <br />because it is being submitted within the 20 day time limit <br />established for responsive pleadings at 43 C.F.R. § 4.1284(b). <br />ri~c. <br />