...6. 1990: 56 FR 4918. Feb. 6. 1991] § 217.11 Dismissal without review. (a) A Reviewing Officer shall dismiss an appeal and close the appeal record without decision on the merits when: ( 1 ) The notice is not filed within the time specified in § 217.8 of this part; (2) The requested...

...amended at 55 FR 7896, Mar. 6, 1990] § 217.11 Dismissal without review. (a) A Reviewing Officer shall dismiss an appeal and close the appeal record without decision on the merits when: (1) The notice is not filed within the time specified in § 217.8 of this part; (2) The requested relief...

...facsimile is not date imprinted within the 45-day appeal filing period in accordance with §215.13; (2) The requested relief or change cannot be granted under law, fact, or regulation; (3) The decision at issue is being appealed by the appellant under another administrative proceeding;...

...the merits when: (1) The notice is not filed within the time specified in §217.8 of this part; (2) The requested relief or change cannot be granted under law, fact, or regulation existing when the decision was made. (3) The notice of appeal falls to meet the minimum requirements...

...facsimile is not date imprinted within the 45-day appeal filing period in accordance with § 215.13; (2) The requested relief or change cannot be granted under law, fact, or regulation; (3) The decision at issue is being appealed by the appellant under another administrative proceeding;...

...6. 1991; 58 FR 58916, Nov. 4, 1993] {217.11 Dismissal without review. (a) A Reviewing Officer shall dismiss an appeal and close the appeal record without decision on the merits when: (1) The notice is not filed within the time specified in §217.8 of this part; (2) The requested relief...

...the merits when: (1) The notice is not filed within the time specified in f 217.8 of this part; (2) The requested relief or change cannot be granted under law, fact, or regulation existing when the decision was made. (3) The notice of appeal fails to meet the rninim'jrn requirements...

...Officer shall dismiss an appeal and dose the appeal record without decision on the merits when...[t]he requested relief or change cannot be granted under law, fact, or regulation — " It is dear, then, that based on the available data, the appeals process is not being abused by...

...frivolous — without going through a full review. The regulation states: A Reviewing Officer shall dismiss an appeal and close the appeal record without...cannot be granted under law, fact, or regulation. . . ." Thus, if frivolous appeals were "paralyzing" Forest Service programs, then there would be no...

...frivolous — without going through a full review. The regulation states: A Reviewing Officer shall dismiss an appeal and close the appeal record without decision on the merits when . . . [tjhe requested relief or change cannot be granted under law, fact, or regulation. . . .t4 Thus,...