42 C.F.R. § 137.431 What rights do Indian Tribes and the Secretary have during the appeal process?
Title 42 - Public Health
Both the Indian Tribe and the Secretary have the same rights during the appeal process. These rights include the right to: (a) Be represented by legal counsel; (b) Have the parties provide witnesses who have knowledge of the relevant issues, including specific witnesses with that knowledge, who are requested by either party; (c) Cross-examine witnesses; (d) Introduce oral or documentary evidence, or both; (e) Require that oral testimony be under oath; (f) Receive a copy of the transcript of the hearing, and copies of all documentary evidence which is introduced at the hearing; (g) Compel the presence of witnesses, or the production of documents, or both, by subpoena at hearings or at depositions; (h) Take depositions, to request the production of documents, to serve interrogatories on other parties, and to request admissions; and (i) Any other procedural rights under the Administrative Procedure Act, 5 U.S.C. 556.
Title 42: Public Health
PART 137—TRIBAL SELF-GOVERNANCE
Subpart P—Appeals
Pre-Award Disputes
§ 137.431 What rights do Indian Tribes and the Secretary have during the appeal process?
