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 Code of Federal Regulations (Last Updated: November 8, 2024)
 Title 25 - Indians
 Chapter V - Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services
 Part 900 - Contracts Under the Indian Self-Determination and Education Assistance Act
 Subpart L - Appeals
 Appeals Other Than Emergency Reassumption and Suspension, Withholding or Delay in Payment

  § 900.165 - What happens after the hearing?  

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  • § 900.165 What happens after the hearing?

    (a) Within 30 days of the end of the formal hearing or any post-hearing briefing schedule established by the ALJ, the ALJ shall send all the parties a recommended decision, by certified mail, return receipt requested. The recommended decision shall contain the ALJ's findings of fact and conclusions of law on all the issues. The recommended decision shall also state that the Indian tribe or tribal organization has the right to object to the recommended decision.

    (b) If the appeal involves the Department of Health and Human Services, the recommended decision shall contain the following statement:

    Within 30 days of the receipt of this recommended decision, you may file an objection to the recommended decision with the Secretary of Health and Human Services under 25 CFR 900.166. An appeal to the Secretary under 25 CFR 900.166 shall be filed at the following address: Department of Health and Human Services, 200 Independence Ave. S.W., Washington, DC, 20201. You shall serve copies of your notice of appeal on the official whose decision is being appealed. You shall certify to the Secretary that you have served this copy. If neither party files an objection to the recommended decision within 30 days, the recommended decision will become final.

    (c) If the appeal involves the Department of the Interior, the recommended decision shall contain the following statement:

    Within 30 days of the receipt of this recommended decision, you may file an objection to the recommended decision with the Interior Board of Indian Appeals (IBIA) under 25 CFR 900.166. An appeal to the IBIA under 25 CFR 900.166 shall be filed at the following address: Board of Indian Appeals, 801 North Quincy Street, Arlington, VA 22203. You shall serve copies of your notice of appeal on the Secretary of the Interior, and on the official whose decision is being appealed. You shall certify to the IBIA that you have served these copies. If neither party files an objection to the recommended decision within 30 days, the recommended decision will become final.

    [61 FR 32501, June 24, 1996, as amended at 75 FR 31701, June 4, 2010]