§ 224.111 - When may a petitioner file a petition with the Secretary?

§ 224.111 When may a petitioner file a petition with the Secretary?

(a) A petitioner may file a petition with the Secretary:

(1) By delivering the petition to the Director Secretary within 30 days of receiving the tribeTribe's final written decision addressing the allegation of noncompliance under applicable tribal Tribal laws, regulations, or procedures;

(2) Within a reasonable period following the tribeTribe's constructive denial of the petition under § 224.106(c), and the Secretary will determine if the petition is timely in light of the applicable facts and circumstances; or

(3) The tribe Tribe did not respond to the petitioner's request for copies of any tribal Tribal laws, regulations, or procedures under § 224.105(a).

(b) A petitioner may file a petition directly with the Secretary if the tribe Tribe has no tribal Tribal laws, regulations or procedures that provide the petitioner an opportunity to allege tribal Tribal noncompliance with a TERA.