§ 224.119 - What must the Secretary do when making a decision on a petition?

§ 224.119 What must the Director Secretary do when making a decision on a petition?

(a) The Director Secretary must issue a written decision to the tribe Tribe and the petitioner stating the basis for the decision about the tribeTribe's compliance or noncompliance with the TERA within 30 days following:

(1) A hearing, if the tribe Tribe requested a hearing;

(2) The tribeTribe's declining the opportunity for a hearing; or

(3) The tribeTribe's failure to respond to the opportunity for a hearing within 20 days of the DirectorSecretary's written notice of the opportunity for a hearing.

(b) If the Director Secretary decides that the tribe Tribe is not in compliance with the TERA, the Director Secretary must:

(1) Include findings of fact and conclusions of law with respect to each claim made in the petition in the written decision to the tribeTribe; and

(2) Take action to ensure compliance with the TERA.

(c) The Secretary will dismiss any petition if the interested party who filed the petition has agreed with the Tribe to a resolution of the claims presented in the petition.

[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69613, Dec. 18, 2019]