---
kind: "section"
citation: "49 C.F.R. § 29.926"
title: "49"
number: "29.926"
heading: "What rights do the Department and a Tribe have in an appeal of a termination decision?"
url: "https://uscodex.org/cfr/49/29.926"
---

# §29.926. What rights do the Department and a Tribe have in an appeal of a termination decision?

- (a) **During the appeal of a termination decision, the Department and a Tribe have the right to—**
  - (1) A designated representative;
  - (2) Present the testimony of witnesses, orally or in writing, who have knowledge of the relevant issues;
  - (3) Cross-examine witnesses;
  - (4) Introduce oral or documentary evidence, or both;
  - (5) Receive, upon request and payment of reasonable costs, a copy of the transcript of the hearing, and copies of all documentary evidence that is introduced at the hearing;
  - (6) Take depositions, request the production of documents, serve interrogatories on other parties, and request admissions; and
  - (7) **Any other procedural rights established under the Administrative Procedure Act.**
- (b) An administrative law judge assigned by the chief administrative law judge of the Department's Office of Hearings must conduct hearings on the record for a termination decision unless the Tribe waives the hearing.

## Notes

### Authority

Authority: 23 U.S.C. 207

### Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.