---
kind: "section"
citation: "25 C.F.R. § 44.106"
title: "25"
number: "44.106"
heading: "How can the Secretary revoke an eligibility determination?"
url: "https://uscodex.org/cfr/25/44.106"
---

# §44.106. How can the Secretary revoke an eligibility determination?

- (a) **In order to revoke eligibility, the Secretary must—**
  - (1) Provide the tribe or tribal organization with a written notice;
  - (2) Furnish the tribe or tribal organization with technical assistance to take remedial action; and
  - (3) **Provide an appeal process.**
- (b) The Secretary cannot revoke an eligibility determination if the tribe or tribal organization is in compliance with [25 U.S.C. 2505(c)](/usc/25/2505.md?p=c).
- (c) **The Secretary can take corrective action if the school fails to be accredited by January 8, 2005.**
- (d) In order to revoke eligibility for a grant, the Secretary must send the tribe or tribal organization a written notice that:
  - (1) States the specific deficiencies that are the basis of the revocation or reassumption; and
  - (2) Explains what actions the tribe or tribal organization must take to remedy the deficiencies.
- (e) The tribe or tribal organization may appeal a notice of revocation or reassumption by requesting a hearing under [25 CFR part 900](/cfr/25/part900.md), [subpart L](/cfr/25/subpartL.md) or P.
- (f) After revoking eligibility, the Secretary will either contract the program under [25 U.S.C. 450](/usc/25/450.md) et seq. or operate the program directly.

## Notes

### Authority

Authority: Public Law 107-110, Title 10, Part D, the Native American Education Improvement Act, 115 Stat. 2007; Part B, Section 1138, Regional Meetings and Negotiated Rulemaking, 115 Stat. 2057.

### Source

Source: 70 FR 22219, Apr. 28, 2005, unless otherwise noted.