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43 U.S.C. § 101 — Report of disqualification; designation of officer to act

submitted 132 years ago by ch. 10 to r/title-43-PUBLIC-LANDS · 99 words · no verdicts yet

in plain englishAI-generated · not legal advice

A disqualified land-office officer must report their conflict of interest to the Secretary of the Interior as soon as they discover it, before any hearing. The Secretary then names a replacement officer or agent with the same authority to handle the case.

Every officer who is disqualified (under the rules in section 100 of this title) must report that disqualification to the Secretary of the Interior, or to whichever officer the Secretary designates, as soon as the officer realizes it — and before the case is heard. Once notified, the Secretary of the Interior (or the designated officer), with the Secretary's approval, must name another officer or special agent of the Land Department to act in the disqualified officer's place. That newly designated officer then has the same authority the disqualified officer would otherwise have had to handle the case.
the actual law source: uscode.house.gov ↗public domain

It shall be the duty of every officer so disqualified to report the fact of his disqualification to the Secretary of the Interior or such officer as he may designate as soon as he shall ascertain it, and before the hearing of such cause, who thereupon, with the approval of the Secretary of the Interior, shall designate some other officer or special agent of the Land Department to act in the place of the disqualified officer, and the same authority is conferred on the officer so designated which such officer would otherwise have possessed to act in such case.

Source credit: (Jan. 11, 1894, ch. 10, § 2, 28 Stat. 26; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

history & why it existsrecord from the source credit
  • 1894Enacted · Act of Jan. 11, 1894, ch. 10 · 28 Stat. 26
  • 1921Amended · Act of Oct. 28, 1921, ch. 114 · 42 Stat. 208
  • 1925Amended · Act of Mar. 3, 1925, ch. 462 · 43 Stat. 1145

A history note hasn’t been published yet. The record shows enactment by ch. 10 on 1894-01-11.

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