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Notes

25 C.F.R. §§ 900.159–900.169

11 sections in range

§900.159. May an Indian tribe or tribal organization get an extension of time to file a notice of appeal?

25 C.F.R. § 900.159

Yes. If the Indian tribe or tribal organization needs more time, it can request an extension of time to file its Notice of Appeal within 60 days of receiving either the initial decision or the recommended decision resulting from the informal conference. The request of the Indian tribe or tribal organization shall be in writing, and shall give a reason for not filing its notice of appeal within the 30-day time period. If the Indian tribe or tribal organization has a valid reason for not filing its notice of appeal on time, it may receive an extension from the IBIA.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 450f et seq.

Source

Source: 61 FR 32501, June 24, 1996, unless otherwise noted.

§900.160. What happens after an Indian tribe or tribal organization files an appeal?

25 C.F.R. § 900.160

(a)
Within 5 days of receiving the Indian tribe or tribal organization's notice of appeal, the IBIA will decide whether the appeal falls under § 900.150(a) through § 900.150(g). If so, the Indian tribe or tribal organization is entitled to a hearing.
(1)
If the IBIA determines that the appeal of the Indian tribe or tribal organization falls under § 900.150(h), § 900.150(i), or § 900.150(j), and the Indian tribe or tribal organization has requested a hearing, the IBIA will grant the request for a hearing unless the IBIA determines that there are no genuine issues of material fact to be resolved.
(2)
If the IBIA cannot make that decision based on the information included in the notice of appeal, the IBIA may ask for additional statements from the Indian tribe or tribal organization, or from the appropriate Federal agency. If the IBIA asks for more statements, it will make its decision within 5 days of receiving those statements.
(b)
If the IBIA decides that the Indian tribe or tribal organization is not entitled to a hearing or if the Indian tribe or tribal organization has waived its right to a hearing on the record, the IBIA will ask for the administrative record under 43 CFR 4.335. The IBIA shall tell the parties that the appeal will be considered under the regulations at 43 CFR 4, subpart D, except the case shall be docketed immediately, without waiting for the 20-day period described in 43 CFR 4.336.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 450f et seq.

Source

Source: 61 FR 32501, June 24, 1996, unless otherwise noted.

§900.161. How is a hearing arranged?

25 C.F.R. § 900.161

(a)
If a hearing is to be held, the IBIA will refer the Indian tribe or tribal organization's case to the Hearings Division of the Office of Hearings and Appeals of the U.S. Department of the Interior. The case will then be assigned to an Administrative Law Judge (ALJ), appointed under 5 U.S.C. 3105.
(b)
Within 15 days of the date of the referral, the ALJ will hold a pre-hearing conference, by telephone or in person, to decide whether an evidentiary hearing is necessary, or whether it is possible to decide the appeal based on the written record. At the pre-hearing conference the ALJ will provide for:
(1)
A briefing and discovery schedule;
(2)
A schedule for the exchange of information, including, but not limited to witness and exhibit lists, if an evidentiary hearing is to be held;
(3)
The simplification or clarification of issues;
(4)
The limitation of the number of expert witnesses, or avoidance of similar cumulative evidence, if an evidentiary hearing is to be held;
(5)
The possibility of agreement disposing of all or any of the issues in dispute; and
(6)
Such other matters as may aid in the disposition of the appeal.
(c)
The ALJ shall order a written record to be made of any conference results that are not reflected in a transcript.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 450f et seq.

Source

Source: 61 FR 32501, June 24, 1996, unless otherwise noted.

§900.162. What happens when a hearing is necessary?

25 C.F.R. § 900.162

(a)
The ALJ shall hold a hearing within 60 days of the date of the order referring the appeal to the ALJ, unless the parties agree to have the hearing on a later date.
(b)
At least 30 days before the hearing, the government agency shall file and serve the Indian tribe or tribal organization with a response to the notice of appeal.
(c)
If the hearing is held more than 50 miles from the Indian tribe or tribal organization's office, the Secretary shall arrange to pay transportation costs and per diem for incidental expenses to allow for adequate representation of the Indian tribe or tribal organization.
(d)
The hearing shall be conducted in accordance with the Administrative Procedure Act, 5 U.S.C. 556.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 450f et seq.

Source

Source: 61 FR 32501, June 24, 1996, unless otherwise noted.

§900.163. What is the Secretary's burden of proof for appeals from decisions under § 900.150(a) through § 900.150(g)?

25 C.F.R. § 900.163

For those appeals, the Secretary has the burden of proof (as required by section 102(e)(1) of the Act) to establish by clearly demonstrating the validity of the grounds for declining the contract proposal.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 450f et seq.

Source

Source: 61 FR 32501, June 24, 1996, unless otherwise noted.

§900.164. What rights do Indian tribes, tribal organizations, and the government have during the appeal process?

25 C.F.R. § 900.164

Both the Indian tribe or tribal organization and the government agency have the same rights during the appeal process. These rights include the right to:
(a)
Be represented by legal counsel;
(b)
Have the parties provide witnesses who have knowledge of the relevant issues, including specific witnesses with that knowledge, who are requested by either party;
(c)
Cross-examine witnesses;
(d)
Introduce oral or documentary evidence, or both;
(e)
Require that oral testimony be under oath;
(f)
Receive a copy of the transcript of the hearing, and copies of all documentary evidence which is introduced at the hearing;
(g)
Compel the presence of witnesses, or the production of documents, or both, by subpoena at hearings or at depositions;
(h)
Take depositions, to request the production of documents, to serve interrogatories on other parties, and to request admissions; and
(i)
Any other procedural rights under the Administrative Procedure Act, 5 U.S.C. 556.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 450f et seq.

Source

Source: 61 FR 32501, June 24, 1996, unless otherwise noted.

§900.165. What happens after the hearing?

25 C.F.R. § 900.165

(a)
Within 30 days of the end of the formal hearing or any post-hearing briefing schedule established by the ALJ, the ALJ shall send all the 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 shall also state that the Indian tribe or tribal organization has the right to object to the recommended decision.
(b)
If the appeal involves the Department of Health and Human Services, the recommended decision shall contain the following statement:
(c)
If the appeal involves the Department of the Interior, the recommended decision shall contain the following statement:
Notes, amendments, and revision history

Amendments

[61 FR 32501, June 24, 1996, as amended at 75 FR 31701, June 4, 2010]

Authority

Authority: 25 U.S.C. 450f et seq.

Source

Source: 61 FR 32501, June 24, 1996, unless otherwise noted.

Amendments

[61 FR 32501, June 24, 1996, as amended at 75 FR 31701, June 4, 2010]

§900.166. Is the recommended decision always final?

25 C.F.R. § 900.166

No. Any party to the appeal may file precise and specific written objections to the recommended decision, or any other comments, within 30 days of receiving the recommended decision. Objections shall be served on all other parties. The recommended decision shall become final 30 days after the Indian tribe or tribal organization receives the ALJ's recommended decision, unless a written statement of objections is filed with the Secretary of Health and Human Services or the IBIA during the 30-day period. If no party files a written statement of objections within 30 days, the recommended decision shall become final.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 450f et seq.

Source

Source: 61 FR 32501, June 24, 1996, unless otherwise noted.

§900.167. If an Indian tribe or tribal organization objects to the recommended decision, what will the Secretary of Health and Human Services or the IBIA do?

25 C.F.R. § 900.167

(a)
The Secretary of Health and Human Services or the IBIA has 20 days from the date it receives any timely written objections to modify, adopt, or reverse the recommended decision. If the Secretary of Health and Human Services or 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 or the Secretary may consider and decide all issues properly raised by any party to the appeal, based on the record.
(c)
The decision of the Secretary or the IBIA shall—
(1)
Be in writing;
(2)
Specify the findings of fact or conclusions of law which 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. 450f et seq.

Source

Source: 61 FR 32501, June 24, 1996, unless otherwise noted.