---
kind: "section"
citation: "25 C.F.R. § 81.48"
title: "25"
number: "81.48"
heading: "When are the results of the OIWA Election final?"
url: "https://uscodex.org/cfr/25/81.48"
---

# §81.48. When are the results of the OIWA Election final?

- (a) If a challenge is sustained and has an effect on the outcome of the election, the Authorizing Official must authorize a recount or call for a new Secretarial election. The Authorizing Official will take the appropriate steps necessary to provide for a recount or a new Secretarial election.
- (b) If the challenges are denied or dismissed, the Authorizing Official will review and determine whether:
  - (1) The percentage of total votes cast was at least 30 percent, or such percentages as may be required according to the tribe's governing document's amendment or adoption articles; and
  - (2) **The voters ratified or rejected the proposed document, proposed amendment or revocation.**
- (c) The Authorizing Official must notify, in writing, the recognized governing body of the tribe, and the Director of the Bureau, of the following:
  - (1) The decisions on challenges;
  - (2) The outcome of the voting; and
  - (3) That the proposed document, proposed amendments or revocation becomes effective as of the date of the Secretarial election; and
  - (4) **That the decision is a final agency action.**
- (d) **The Authorizing Official must—**
  - (1) Forward the original text of the document, Original Certificate of Approval, and the Certificate of Results of Election to the tribe and a copy of all documents to the Director of the Bureau; and
  - (2) Retain, as required by the Records Disposition Schedule, a copy of all document(s) relevant to the Secretarial election.

## Notes

### Authority

Authority: : 25 U.S.C. 473a, 476, 477, as amended, and 503.

### Source

Source: 80 FR 63106, Oct. 19, 2015, unless otherwise noted.