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Notes

25 C.F.R. §§ 1000.2405–1000.2430

6 sections in range

§1000.2410. Will there be a hearing?

25 C.F.R. § 1000.2410

Yes, unless the Tribe/Consortium waives its right to a hearing in writing. The Deputy Director of the Office of Hearings and Appeals must appoint an ALJ to hold a hearing.
(a)
The hearing must be held within 10 days of the date of the notice referred to in § 1000.1750 unless the Tribe/Consortium agrees to a later date.
(b)
If possible, the hearing will be held at the office of the Tribe/Consortium. The parties may agree to an alternative meeting place or forum, including but not limited to telephonic or virtual meeting forums. If the hearing is held more than 50 miles from the office of the Tribe/Consortium, the Secretary must arrange to pay transportation costs and per diem for incidental expenses. This will allow for adequate representation of the Tribe/Consortium.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

Source: 89 FR 100245, Dec. 11, 2024, unless otherwise noted.

§1000.2415. What happens after the hearing?

25 C.F.R. § 1000.2415

(a)
Within 30 days after the end of the hearing or any post-hearing briefing schedule established by the ALJ, the ALJ must send all parties a recommended decision by certified mail, return receipt requested. The recommended decision shall contain the ALJ's findings of fact and conclusions of law on all the issues. The recommended decision must also state that the Tribe/Consortium has the right to object to the recommended decision.
(b)
The recommended decision must contain the following statement:

Within 15 days of the receipt of this recommended decision, you may file an objection to the recommended decision with the IBIA under 25 CFR 1000.2420. An appeal to the IBIA under shall be filed at the following address: Interior Board of Indian Appeals, Office of Hearings and Appeals, U.S. Department of the Interior, 801 N Quincy Street, Suite 300, Arlington, VA 22203. You shall serve copies of your notice of appeal on the Secretary of the Interior, and on the official whose decision is being appealed. You shall certify to the IBIA that you have served these copies. If neither party files an objection to the recommended decision within 15 days, the recommended decision will become final.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

Source: 89 FR 100245, Dec. 11, 2024, unless otherwise noted.

§1000.2420. Is the recommended decision always final?

25 C.F.R. § 1000.2420

No, any party to the appeal may file precise and specific written objections to the recommended decision, or any other comments, within 15 days of receiving the recommended decision. The objecting party must serve a copy of its objections on the other party. The recommended decision will become final 15 days after the Tribe/Consortium receives the ALJ's recommended decision, unless a written statement of objection is filed with the IBIA during the 15-day period. If no party files a written statement of objections within 15 days, the recommended decision will become final.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

Source: 89 FR 100245, Dec. 11, 2024, unless otherwise noted.

§1000.2425. If a Tribe/Consortium objects to the recommended decision, what action will the IBIA take?

25 C.F.R. § 1000.2425

(a)
The IBIA has 15 days from the date the Secretary receives timely written objections to modify, adopt, or reverse the recommended decision. If the IBIA does not modify or reverse the recommended decision during that time, the recommended decision automatically becomes final.
(b)
When reviewing the recommended decision, the IBIA may consider and decide all issues properly raised by any party to the appeal, based on the record.
(c)
The decision of the IBIA must—
(1)
Be in writing;
(2)
Specify the findings of fact or conclusions of law that are modified or reversed;
(3)
Give reasons for the decision, based on the record; and
(4)
State that the decision is final for the Department.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

Source: 89 FR 100245, Dec. 11, 2024, unless otherwise noted.