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Notes

25 C.F.R. §§ 20.700–20.705

6 sections in range

§20.700. Can an applicant or recipient appeal the decision of a Bureau official?

25 C.F.R. § 20.700

Yes, if you are an applicant or recipient, and are dissatisfied with a Bureau decision made under this part, you can request a hearing before the Superintendent or his/her designated representative. You must submit your request by the deadline in § 20.604. The Superintendent or his/her designated representative can extend the deadline if you show good cause.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.701. Does a recipient receive financial assistance while an appeal is pending?

25 C.F.R. § 20.701

Yes, if you appeal under this subpart, financial assistance will be continued or reinstated to insure there is no break in financial assistance until the Superintendent or his/her designated representative makes a decision. The Superintendent or his/her designated representative can adjust payments or recover overpayments to conform with his/her decision.
Notes, amendments, and revision history

Amendments

[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

Amendments

[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]

§20.702. When is an appeal hearing scheduled?

25 C.F.R. § 20.702

The Superintendent or his/her designated representative must set a date for the hearing within 10 days of the date of request for a hearing and give written notice to the applicant or recipient.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.703. What must the written notice of hearing include?

25 C.F.R. § 20.703

The written notice of hearing must include:
(a)
The date, time and location of the hearing;
(b)
A statement of the facts and issues giving rise to the appeal;
(c)
The applicant's or recipient's right to be heard in person, or to be represented by an authorized representative at no expense to the Bureau;
(d)
The applicant or recipient's right to present both oral and written evidence during the hearing;
(e)
The applicant's or recipient's right to confront and cross-examine witnesses at the hearing;
(f)
The applicant's or recipient's right of one continuance of not more than 10 days with respect to the date of hearing; and
(g)
The applicant's or recipient's right to examine and copy, at a reasonable time before the hearing, his/her case record as it relates to the proposed action being contested.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.704. Who conducts the hearing or appeal of a Bureau decision or action and what is the process?

25 C.F.R. § 20.704

(a)
The Superintendent or his/her designated representative conducts the hearing in an informal but orderly manner, records the hearing, and provides the applicant or recipient with a transcript of the hearing upon request.
(b)
The Superintendent or his/her designated representative must render a written decision within 10 days of the completion of the hearing. The written decision must include:
(1)
A written statement covering the evidence relied upon and reasons for the decision; and
(2)
The applicant's or recipient's right to appeal the Superintendent or his/her designated representative's decision pursuant to 25 CFR part 2 and request Bureau assistance in preparation of the appeal.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.705. Can an applicant or recipient appeal a tribal decision?

25 C.F.R. § 20.705

Yes, the applicant or recipient must pursue the appeal process applicable to the Public Law 93-638 contract, Public Law 102-477 grant, or Public Law 103-413 self-governance annual funding agreement. If no appeal process exists, then the applicant or recipient must pursue the appeal through the appropriate tribal forum.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.