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Code of Federal Regulations (Last Updated: April 5, 2024) |
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Title 25 - Indians |
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Chapter I—Bureau of Indian Affairs, Department of the Interior |
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SubChapter A—Procedures and Practice |
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Part 2 - Appeals from Administrative Decisions |
| § 2.1 - Information collection. |
| § 2.2 - Definitions. |
| § 2.3 - Applicability. |
| § 2.4 - Officials who may decide appeals. |
| § 2.5 - Appeal bond. |
| § 2.6 - Finality of decisions. |
| § 2.7 - Notice of administrative decision or action. |
| § 2.8 - Appeal from inaction of official. |
| § 2.9 - Notice of an appeal. |
| § 2.10 - Statement of reasons. |
| § 2.11 - Answer of interested party. |
| § 2.12 - Service of appeal documents. |
| § 2.13 - Filing documents. |
| § 2.14 - Record address. |
| § 2.15 - Computation of time. |
| § 2.16 - Extensions of time. |
| § 2.17 - Summary dismissal. |
| § 2.18 - Consolidation of appeals. |
| § 2.19 - Action by Area Directors and Education Programs officials on appeal. |
| § 2.20 - Action by the Assistant Secretary—Indian Affairs on appeal. |
| § 2.21 - Scope of review. |
| Subpart A - Purpose, Definitions, and Scope of this Part |
| § 2.100 - What is the purpose of this part? |
| § 2.101 - What terms do I need to know? |
| § 2.102 - What may I appeal under this part? |
| § 2.103 - Are all appeals subject to this part? |
| § 2.104 - How will I know what decisions are appealable under this part? |
| § 2.105 - Who will receive notice of decisions that are appealable under this part? |
| § 2.106 - How does this part comply with the Paperwork Reduction Act? |
| Subpart B - Appealing Administrative Decisions |
| § 2.200 - Who may appeal a decision? |
| § 2.201 - Do I need a lawyer in order to file a document in an appeal? |
| § 2.202 - Who decides administrative appeals? |
| § 2.203 - How long do I have to file an appeal? |
| § 2.204 - Will the reviewing official grant a request for an extension of time to file a Notice of Appeal? |
| § 2.205 - How do I file a Notice of Appeal? |
| § 2.206 - What must I include in my Notice of Appeal? |
| § 2.207 - Do I have to send the Notice of Appeal to anyone other than the reviewing official? |
| § 2.208 - What must I file in addition to the Notice of Appeal? |
| § 2.209 - Who may file a response to the statement of reasons? |
| § 2.210 - How long does the decision-maker or an interested party have to file a response? |
| § 2.211 - What must a response to the statement of reasons include? |
| § 2.212 - Will the reviewing official accept additional briefings? |
| § 2.213 - What role does the decision-maker have in the appeal process? |
| § 2.214 - What requirements apply to my submission of documents? |
| Subpart C - Effectiveness and Finality of Decisions |
| § 2.300 - When is a decision effective? |
| § 2.301 - When is a decision a final agency action? |
| Subpart D - Appeal Bonds |
| § 2.400 - When may the reviewing official require an appeal bond? |
| § 2.401 - How will the reviewing official determine whether to require an appeal bond? |
| § 2.402 - What form of appeal bond will the reviewing official accept? |
| § 2.403 - May I appeal the decision whether to require an appeal bond? |
| § 2.404 - What will happen to my appeal if I fail to post a required appeal bond? |
| § 2.405 - How will the reviewing official notify interested parties of the decision on a request for an appeals bond? |
| Subpart E - Deciding Appeals |
| § 2.500 - May an appeal be consolidated with other appeals? |
| § 2.501 - May an appealed decision be partially implemented? |
| § 2.502 - May I withdraw my appeal once it has been filed? |
| § 2.503 - May an appeal be dismissed without a decision on the merits? |
| § 2.504 - What information will the reviewing official consider? |
| § 2.505 - When will the reviewing official issue a decision on an appeal? |
| § 2.506 - How does the reviewing official notify the appellant and other interested parties of a decision? |
| § 2.507 - How do I appeal a reviewing official's decision? |
| § 2.508 - May the AS–IA take jurisdiction over an appeal to the IBIA? |
| § 2.509 - May I ask the AS–IA to take jurisdiction over my appeal? |
| § 2.510 - How will the AS–IA handle my appeal? |
| § 2.511 - May the Secretary decide an appeal? |
| § 2.512 - May the Director of the Office of Hearings and Appeals take jurisdiction over a matter? |
| Subpart F - Appealing Inaction of an Agency Official |
| § 2.600 - May I compel an agency official to take action? |
| § 2.601 - When must a decision-maker respond to a request to act? |
| § 2.602 - What may I do if the decision-maker fails to respond? |
| § 2.603 - How do I submit an appeal of inaction? |
| § 2.604 - What will the next official in the decision-maker's chain of command do in response to my appeal? |
| § 2.605 - May I appeal continued inaction by the decision-maker or the next official in the decision-maker's chain of command? |
| § 2.606 - May I appeal inaction by a reviewing official on an appeal from a decision? |
| § 2.607 - What happens if no official responds to my requests under this subpart? |
| Subpart G - Special Rules Regarding Recognition of Tribal Representative |
| § 2.700 - What is the purpose of this subpart? |
| § 2.701 - May a Local Bureau Official's decision to recognize, or decline to recognize, a Tribal representative be appealed? |
| § 2.702 - How will I know what decisions are appealable under this subpart? |
| § 2.703 - How do I file a Notice of Appeal of a Tribal representative recognition decision? |
| § 2.704 - How long do I have to file an appeal of a Tribal representative recognition decision? |
| § 2.705 - Is there anything else I must file? |
| § 2.706 - When must I file my statement of reasons? |
| § 2.707 - May the LBO and interested parties file a response to the statement of reasons? |
| § 2.708 - How long do interested parties have to file a response? |
| § 2.709 - What will the LBO do in response to my appeal? |
| § 2.710 - When will the reviewing official decide a Tribal representative recognition appeal? |
| § 2.711 - May the decision deadline be extended? |
| § 2.712 - May the AS–IA take jurisdiction over the appeal? |
| § 2.713 - May I ask the AS–IA to take jurisdiction over the appeal? |
| § 2.714 - May the reviewing official's decision on Tribal representative recognition be appealed? |
| Subpart H - Appeals of Bureau of Trust Funds Administration Statements of Performance |
| § 2.800 - What is the purpose of this subpart? |
| § 2.801 - What terms do I need to know for this subpart? |
| § 2.802 - What must I do if I want to challenge the accuracy of activity within a Statement of Performance? |
| § 2.803 - Is every account holder allowed to challenge the accuracy of activity within a Statement of Performance? |
| § 2.804 - May I challenge the underlying action that generated the proceeds deposited into my account under this subpart? |
| § 2.805 - May I challenge anything other than the activity in the account under this subpart? |
| § 2.806 - What must my Objection to the Statement of Performance contain? |
| § 2.807 - What must my Basis of Objection contain? |
| § 2.808 - To whom must I submit my Objection to the Statement of Performance? |
| § 2.809 - When must I submit my Objection to the Statement of Performance? |
| § 2.810 - Will the decision-maker acknowledge receipt of my Objection to the Statement of Performance? |
| § 2.811 - May I request an extension of time to submit my Objection to the Statement of Performance? |
| § 2.812 - May I appeal the denial of my request for an extension of time? |
| § 2.813 - If I fail to submit either an Objection to the Statement of Performance or the Basis of Objection within the applicable deadlines, what is the consequence? |
| § 2.814 - How long will the decision-maker have to issue a Decision on my Objection to the Statement of Performance? |
| § 2.815 - What information will the Decision on my Objection to the Statement of Performance contain? |
| § 2.816 - May I appeal the Decision on my Objection to the Statement of Performance? |
| § 2.817 - What must my Appeal of the Decision on the Objection to the Statement of Performance contain? |
| § 2.818 - To whom must I submit my Appeal of a Decision on my Objection to the Statement of Performance? |
| § 2.819 - When must my Appeal be filed? |
| § 2.820 - May I submit any other documents in support of my Appeal? |
| § 2.821 - May I request an extension of time to submit my Appeal? |
| § 2.822 - What happens if I do not submit my Appeal within the 30-day deadline? |
| § 2.823 - When will the reviewing official issue the BTFA's ruling? |
| § 2.824 - May I appeal the BTFA's ruling? |
| § 2.825 - When does the Statement of Performance or a Decision become final? |
| Subpart I - Alternative Dispute Resolution |
| § 2.900 - Is there a procedure other than a formal appeal for resolving disputes? |
| § 2.901 - How do I request alternative dispute resolution? |
| § 2.902 - When do I initiate alternative dispute resolution? |
| § 2.903 - What will Indian Affairs do if I request alternative dispute resolution? |