(a) If the Office of Habitat Conservation refers the case to the Department of Commerce’s designated ALJ office, the regulations in this subpart will continue to apply to the hearing process.

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(b) If the Office of Habitat Conservation refers the case to the United States Department of Agriculture’s Office of Administrative Law Judges, the regulations at 7 CFR 1.601 et seq. will apply from that point on.

(c) If the Office of Habitat Conservation refers the case to the Department of the Interior’s Office of Hearings and Appeals, the regulations at 43 CFR 45.1 et seq. will apply from that point on.