25 C.F.R. Subpart G—Hearings and Appeals
Title 25 - Indians
Yes, if you are an applicant or recipient, and are dissatisfied with a Bureau decision made under this part, you can request a hearing before the Superintendent or his/her designated representative. You must submit your request by the deadline in §20.604. The Superintendent or his/her designated representative can extend the deadline if you show good cause. Yes, if you appeal under this subpart, financial assistance will be continued or reinstated to insure there is no break in financial assistance until the Superintendent or his/her designated representative makes a decision. The Superintendent or his/her designated representative can adjust payments or recover overpayments to conform with his/her decision. [65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000] The Superintendent or his/her designated representative must set a date for the hearing within 10 days of the date of request for a hearing and give written notice to the applicant or recipient. The written notice of hearing must include: (a) The date, time and location of the hearing; (b) A statement of the facts and issues giving rise to the appeal; (c) The applicant's or recipient's right to be heard in person, or to be represented by an authorized representative at no expense to the Bureau; (d) The applicant or recipient's right to present both oral and written evidence during the hearing; (e) The applicant's or recipient's right to confront and cross-examine witnesses at the hearing; (f) The applicant's or recipient's right of one continuance of not more than 10 days with respect to the date of hearing; and (g) The applicant's or recipient's right to examine and copy, at a reasonable time before the hearing, his/her case record as it relates to the proposed action being contested. (a) The Superintendent or his/her designated representative conducts the hearing in an informal but orderly manner, records the hearing, and provides the applicant or recipient with a transcript of the hearing upon request. (b) The Superintendent or his/her designated representative must render a written decision within 10 days of the completion of the hearing. The written decision must include: (1) A written statement covering the evidence relied upon and reasons for the decision; and (2) The applicant's or recipient's right to appeal the Superintendent or his/her designated representative's decision pursuant to 25 CFR part 2 and request Bureau assistance in preparation of the appeal. Yes, the applicant or recipient must pursue the appeal process applicable to the Public Law 93–638 contract, Public Law 102–477 grant, or Public Law 103–413 self-governance annual funding agreement. If no appeal process exists, then the applicant or recipient must pursue the appeal through the appropriate tribal forum.
Title 25: Indians
PART 20—FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS
Subpart G—Hearings and Appeals
§ 20.700 Can an applicant or recipient appeal the decision of a Bureau official?
§ 20.701 Does a recipient receive financial assistance while an appeal is pending?
§ 20.702 When is an appeal hearing scheduled?
§ 20.703 What must the written notice of hearing include?
§ 20.704 Who conducts the hearing or appeal of a Bureau decision or action and what is the process?
§ 20.705 Can an applicant or recipient appeal a tribal decision?
