42 C.F.R. § 137.430   What is the Secretary's burden of proof for appeals covered by §137.415?


Title 42 - Public Health


Title 42: Public Health
PART 137—TRIBAL SELF-GOVERNANCE
Subpart P—Appeals
Pre-Award Disputes

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§ 137.430   What is the Secretary's burden of proof for appeals covered by §137.415?

As required by section 518 of the Act [25 U.S.C. 458aaa–17], the Secretary must demonstrate by clear and convincing evidence the validity of the grounds for the decision made and that the decision is fully consistent with provisions and policies of the Act.

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