---
kind: "section"
citation: "34 C.F.R. § 222.104"
title: "34"
number: "222.104"
heading: "When does the Assistant Secretary consider a complaint received?"
url: "https://uscodex.org/cfr/34/222.104"
---

# §222.104. When does the Assistant Secretary consider a complaint received?

- (a) The Assistant Secretary considers a complaint to have been received only after the Assistant Secretary determines that the complaint—
  - (1) Satisfies the requirements in §§ [222.102](/cfr/34/222.102.md) and [222.103](/cfr/34/222.103.md); and
  - (2) **Is in writing and signed by the tribal chairman or the tribe's authorized designee.**
- (b) If the Assistant Secretary determines that a complaint fails to meet the requirements in [§§ 222.102-222.103](/cfr/34/222.102-222.103.md), the Assistant Secretary notifies the tribe or its designee in writing that the complaint has been dismissed for purposes of invoking the hearing procedures in [§§ 222.102-222.113](/cfr/34/222.102-222.113.md).
- (c) Any notification that a complaint has been dismissed includes the reasons why the Assistant Secretary determined that the complaint did not meet the requirements in §§ [222.102](/cfr/34/222.102.md) and [222.103](/cfr/34/222.103.md).
- (d) Notification that a complaint has been dismissed does not preclude other efforts to investigate or resolve the issues raised in the complaint, including the filing of an amended complaint.

## Notes

### Authority

Authority: 20 U.S.C. 7701-7714; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 60 FR 50778, Sept. 29, 1995, unless otherwise noted.