§137.431. What rights do Indian Tribes and the Secretary have during the appeal process?
42 C.F.R. § 137.431
Both the Indian Tribe and the Secretary have the same rights during the appeal process. These rights include the right to:
Be represented by legal counsel;
Have the parties provide witnesses who have knowledge of the relevant issues, including specific witnesses with that knowledge, who are requested by either party;
Cross-examine witnesses;
Introduce oral or documentary evidence, or both;
Require that oral testimony be under oath;
Receive a copy of the transcript of the hearing, and copies of all documentary evidence which is introduced at the hearing;
Compel the presence of witnesses, or the production of documents, or both, by subpoena at hearings or at depositions;
Take depositions, to request the production of documents, to serve interrogatories on other parties, and to request admissions; and
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. 458 et seq.
Source
Source: 67 FR 35342, May 17, 2002, unless otherwise noted.