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Notes

§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.