§ 900.160. What happens after an Indian tribe or tribal organization files an appeal?
246 words·~1 min read·
/us/cfr/t25/s§ 900.160·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Within 5 days of receiving the Indian tribe or tribal organization's notice of appeal, the IBIA will decide whether the appeal falls under § 900.150(a) through § 900.150(g). If so, the Indian tribe or tribal organization is entitled to a hearing.
(1)If the IBIA determines that the appeal of the Indian tribe or tribal organization falls under § 900.150(h), § 900.150(i), or § 900.150(j), and the Indian tribe or tribal organization has requested a hearing, the IBIA will grant the request for a hearing unless the IBIA determines that there are no genuine issues of material fact to be resolved.
(2)If the IBIA cannot make that decision based on the information included in the notice of appeal, the IBIA may ask for additional statements from the Indian tribe or tribal organization, or from the appropriate Federal agency. If the IBIA asks for more statements, it will make its decision within 5 days of receiving those statements.
(b)If the IBIA decides that the Indian tribe or tribal organization is not entitled to a hearing or if the Indian tribe or tribal organization has waived its right to a hearing on the record, the IBIA will ask for the administrative record under 43 CFR 4.335. The IBIA shall tell the parties that the appeal will be considered under the regulations at 43 CFR 4, subpart D, except the case shall be docketed immediately, without waiting for the 20-day period described in 43 CFR 4.336.
Connections1 cite this
Cited by 1 section
register
3 references not yet in our index
- 43 CFR 4.335
- 43 CFR 4
- 43 CFR 4.336
Citation graph
cites case law
§ 900.160
What happens after an Indian tribe or tribal organization files an appeal?
Fed. Reg.×1
Cite43 CFR 4.335
Cite43 CFR 4
Cite43 CFR 4.336
Cites 3Cited by 1 across 1 source