74 NATIONAL FOREST MANUAL GRAZING. 



registered decision, requesting a further consideration of material new 

 evidence. The applicant will be advised by registered letter of the 

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

 additional evidence within the tune 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. 



Appeals to the District Forester. 



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 supervisor, 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 for his considera- 

 tion. 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. 

 Appeals to the Forester. 



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

 one additional statement, reviewing the previous decisions and pre- 

 senting the argument. The district forester will also file a state- 

 ment. 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 to Secretary of Agriculture. 



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. 

 Field Investigation. 



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. 

 Examination of Records. 



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

 discretion of the deciding officer. The appellant or his authorized 

 agent may inspect the record of the case in the office of the supervisor, 

 district forester, Forester, or Secretary of Agriculture, but will not 



