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OCT-05-1999 16 15 ROBERT DELRNEY 970 945 2303 P.05 <br />• <br />5. PROOF OF SERVICE ~~ ~ days slant mY dooaarmt ~ served on w edvetee party, file proof of that <br />eeevioe with the Interior Hoard of Led Appeda. This may caasiat of a certified or <br />regisoered trail 'Reams Aeoeipt t:ud' agned by the adverse party (see 43 CFR. <br />4.401(c)). <br />6. REQUEST FOR STAY ~~ ~~ Pic regahtiams Place dais decirioa m fall [orse sod effect ar <br />provide for m atuomaec stay, the decision bewmea effective upon tits expiration of the <br />time allrnved for ft7iag as appeal tmlea a petition for stay is timely filed (see 49 l~R <br />4.21). ff you wish m file a petition foc a stay of the effeativeaeas of this decision <br />dmiag the time shat yom appal is being reriowad by the Bcard, the peefion fot a <br />~Y ~ Y Y~ ~~ of upped. A petition for a say is rogramd m show <br />aafficieat jastifitation bated on the smdarda listed below. Copies of the antics of <br />appeal sad petition for a stay mat also be wbmiard to each party named in this <br />decision and m the Interior Board of Lad Appeals and the appropriate Office of the <br />Solicitor (see 43 CFR 4.413) at the same ems the origiml documenu are filed with <br />thin office. If you request a stay, you have the bardm of proof m demwstrato that a <br />stay shodd be granted. <br />STANDARDS FUR OB'Jr'AINING A STAY <br />Except se otherwise provided by law or other pertinent regulation, a petition for ^ stay of • derieioa pending appeal shall show <br />sufficient juetifiradon based ea the following ersndards: <br />(1) The relative harm m the parties if the wy is gwated or denied. <br />(2) The t;tiat;t,ood of the appeUanYs sooceas ea the merits, <br />(3) The Wcelt'haad of immediate sad iaepacabie harm if the stay is rot granted, sad <br />(4) Whether the public intaeat favors graatiag the say. <br />Jdeas t!>ese pmeedarres are followed your upped will be subject m dis~sael (eee 43 l~R 4.40Z). Be ce[hin that all <br />n®atmiations are identified by serial number of the ®se being appealed. <br />SUBPART 1821.2-OFFICE HOURS; Tfi~ AND PLACE FOR FIIdNG <br />iEC. 1821.2.1 Offia norm of Stare Officx (a) State Offices sad the wsahingtan Office of the Bateau of land Management ate <br />pm m the public for the filing of daarmmta sad ieepaeon of records during the hours specified in the paragraph on Monday <br />rough Friday of each week with tits e:tYpCOa of thew days where the office may be cloaod because of a oatioad holiday or <br />residential or other adminiattive order. The boon during which the State Offices and the Washington Office ae open m tlm <br />tblic for the filing of tint+•~ ~ and inspeeeon of records am from 10 a.m. m 4 p.m. standard time or daylight saving time, <br />hiehever is m effect at the city in which each office is located. <br />et:. 1821.2-2(tn Any document rogaired or permitted to be filed under the mgoLtioaa of this ebaptrr, which is 51ed under the <br />galations of this chapter, whiff ie received m the State Olfice or the Washingmn l7fl'ix, either is the mail or by ppsond delivery <br />im the office is sot open to the public shall be deemed m be filed os of the day and hour in office next opens m the public. <br />(B) Any document required by law, reguaaion, or decision m be filed within a seated period. the last day of which falls on a day <br />office is offidally closed. shell be deemed m be timely ailed if it is reetived in the appropriate office on the nit day the office is <br />a m the public. <br />TOTRL P.05 <br />