52 NATIONAL FOREST MANUAL GRAZING. 



action taken upon his request, and if it is granted, will submit the 

 additional evidence witliin the time set by the Supervisor. If the 

 request is allowed, the Supervisor will prepare a final decision, which 

 will be transmitted to the appellant in a registered letter If the 

 request is refused, or if the Supervisor's final decision is adverse, the 

 applicant may appeal to the District Forester by filing written notice 

 with the Forest Supervisor within 10 days from the receipt of the 

 registered notification. In an appeal before the District Forester, 

 the appellant and the Forest Supervisor may each file an argument 

 or brief reviewing the previous decisions and the evidence in the case. 

 New evidence will not be admitted unless the applicant's request for 

 the consideration of new evidence had been rejected by the Super- 

 visor, in which event the new evidence may be submitted to the 

 District Forester, and if material, will be considered by him. 



When an appeal is taken to the District Forester the Supervisor 



will forward the complete record in the case to him 



trit?Fo^ S ster theDis ~ for his consideration. When this is received the 



District Forester will review it and prepare a decision, 



which will then be sent by registered mail to the appellant, and a 



copy transmitted to the Supervisor. 



The Supervisor's decision will not be reversed unless it is shown to 

 be unwarranted by the facts, the regulations, instructions, or the 

 law. When there is a variation in the statements of the Supervisor 

 and the appellant, but the preponderance of the evidence shows the 

 Supervisor to be justified in his action, he will be sustained. 



Within 10 days from the receipt of the District Forester's decision, 

 an appeal to the Forester may be filed with the District Forester. 



Where a case is appealed to the Forester the appellant may file 

 Appeals* to the one additional statement, reviewing the previous 

 Forester. decisions and presenting the argument. The Dis- 



trict Forester will also file a statement. These two briefs, together 

 with all papers in the case, will be presented to the Forester, and 

 upon them his decision will be rendered. 



Appeals may also be taken to the Secretary of Agriculture from 

 adverse decisions of the Forester. Any party availing himself of this 

 privilege must, within 30 days from the time he receives notice of 

 the Forester's decision, file with the Forester his petition for review 

 by the Secretary of Agriculture. Upon receipt of the petition the 

 Forester will submit all the papers to the Secretary. 



A field investigation of an appeal case may be ordered by the Dis- 

 trict Forester, the Forester, or the Secretary of Agriculture. The 

 field examiner will submit a report which will be considered at the 

 time the decision is rendered. 



Copies of answers or reports will be furnished the appellant in the 



Examination of discretion of the deciding officer. The appellant or 

 records, his authorized agent may inspect the record of the 



case hi the office of the Supervisor, District Forester, Forester, 

 or Secretary of Agriculture, but will not be allowed to remove any 

 papers. Statements of witnesses which have been submitted can 

 not be regarded as confidential if they are considered as testimony. 

 The appellant should be given full knowledge of the material facts 

 contained in such statements, and of the identity of the witnesses. 

 Statements submitted in confidence and which must be treated as 

 confidential can not be used as the basis for a decision. 



