42 C.F.R. § 137.441   Will there be a hearing?


Title 42 - Public Health


Title 42: Public Health
PART 137—TRIBAL SELF-GOVERNANCE
Subpart P—Appeals
Appeals of an Immediate Reassumption of a Self-Governance Program

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§ 137.441   Will there be a hearing?

Yes, unless the Self-Governance Tribe waives its right to a hearing in writing. The Deputy Director of the Office of Hearings and Appeals must appoint an Administrative Law Judge to hold a hearing,

(a) The hearing must be held within 10 days of the date of the notice referred to in §137.440 unless the Self-Governance Tribe agrees to a later date.

(b) If possible, the hearing will be held at the office of the Self-Governance Tribe. If the hearing is held more than 50 miles from the office of the Self-Governance Tribe, the Secretary must arrange to pay transportation costs and per diem for incidental expenses. This will allow for adequate representation of the Self-Governance Tribe.

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