---
kind: "section"
citation: "42 C.F.R. § 137.441"
title: "42"
number: "137.441"
heading: "Will there be a hearing?"
url: "https://uscodex.org/cfr/42/137.441"
---

# §137.441. Will there be a hearing?


Yes, unless the Self-Governance Tribe waives its right to a hearing in writing. The Deputy Director of the Office of Hearings and Appeals must appoint an Administrative Law Judge to hold a hearing,

- (a) The hearing must be held within 10 days of the date of the notice referred to in [§ 137.440](/cfr/42/137.440.md) unless the Self-Governance Tribe agrees to a later date.
- (b) If possible, the hearing will be held at the office of the Self-Governance Tribe. If the hearing is held more than 50 miles from the office of the Self-Governance Tribe, the Secretary must arrange to pay transportation costs and per diem for incidental expenses. This will allow for adequate representation of the Self-Governance Tribe.

## Notes

### Authority

Authority: 25 U.S.C. 458 et seq.

### Source

Source: 67 FR 35342, May 17, 2002, unless otherwise noted.