GRAZING. 57 



Should the decision be adverse, the applicant may file written notice with 

 the supervisor within 10 days from the receipt of the registered decision, re- 

 questing 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 time set by the 

 supervisor. If the request is allowed, the supervisor will prepare a final de- 

 cision, 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 appli- 

 cant 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 applicant and the forest supervisor may 

 each file an argument 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 has been rejected by the supervisor, in which 

 event the new evidence may be submitted to the district forester, and, if mate- 

 rial, will be considered by him. 



Appeals to district forester. 



When an appeal is taken to the district forester the supervisor will forward 

 the complete record in the case to him for consideration. When this is re- 

 ceived 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 unwar- 

 ranted 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 pre- 

 ponderance 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 Forester. 



When a case is appealed to the Forester the applicant may file one additional 

 statement reviewing the previous decisions and presenting the argument. The 

 district forester will also file a statement. These two statements, together with 

 all papers in the case, will be presented to the Forester, and upon them his 

 decision will be rendered. 



Appeals from adverse decisions of the Forester may be taken to the Secre- 

 tary of Agriculture. Any person 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. 



Examination of records. 



Copies of answers or reports will be furnished the applicant in the discretion 

 of the deciding officer. The applicant 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 be allowed to remove any papers. 

 Statements of witnesses which have been submitted can not be regarded as con- 

 fidential if they are considered as testimony. The applicant should be given 

 full knowledge of the material facts contained in such statements, and of the 

 identity of the witness. Statements submitted in confidence and which must 

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



COUNTING STOCK. 



REGULATION G-24. When an owner who has a permit is ready to drive in 

 his stock he must notify the nearest Forest officer, by mail or otherwise, stating 

 the nnmber to be driven in. If called upon to do so, he must provide for hav- 

 ing his stock counted before entering a National Forest, or at any time after- 

 wards when the number of stock appears to be greater than the number covered 

 by permit. Whenever any stock is removed before the expiration of the per- 

 mit it can be replaced by other stock to fill out the number covered by permit 

 if the Forest officer is notified of such action at once. (Issued April 25. 1913, 

 to take effect May 1, 1913.) 



