§ 224.119. What must the Secretary do when making a decision on a petition?
176 words·~1 min read·
/us/cfr/t25/s§ 224.119·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The Secretary must issue a written decision to the Tribe and the petitioner stating the basis for the decision about the Tribe's compliance or noncompliance with the TERA within 30 days following:
(1)A hearing, if the Tribe requested a hearing;
(2)The Tribe's declining the opportunity for a hearing; or
(3)The Tribe's failure to respond to the opportunity for a hearing within 20 days of the Secretary's written notice of the opportunity for a hearing.
(b)If the Secretary decides that the Tribe is not in compliance with the TERA, the Secretary must:
(1)Include findings of fact and conclusions of law with respect to each claim made in the petition in the written decision to the Tribe; and
(2)Take action to ensure compliance with the TERA.
(c)The Secretary will dismiss any petition if the interested party who filed the petition has agreed with the Tribe to a resolution of the claims presented in the petition. \[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69613, Dec. 18, 2019\]