§ 4.305 - Hearing.

(a) Demand for hearing. Any party in interest aggrieved by the exercise of the tribal option to purchase the interests in question or the valuation of the interests as set forth in the appraisal report may, within 60 days from the date of the probate decision or 60 days from the date of the decision on rehearing, whichever is applicable, file with the administrative law judge a written demand for hearing, together with a certification that copies thereof have been mailed on the same date to the Superintendent and to each party in interest; provided, however, that an aggrieved party shall have at least 20 days from the date the tribe exercises its option to purchase available interests to file such a demand. The demand must state specifically and concisely the grounds upon which it is based.

(b) Notice; burden of proof. The administrative law judge shall, upon receipt of a demand for hearing, set a time and place therefor and shall mail notice thereof to all parties in interest not less than 30 days in advance; provided, however, that such date shall be set after the expiration of the 60-day period fixed for the filing of the demand for hearing as provided in § 4.305(a). At the hearing each party challenging the tribe's claim to purchase the interests in question or the valuation of the interests as set forth in the appraisal report shall have the burden of proving his or her position.

(c) Decision after hearing; appeal. Upon conclusion of the hearing, the administrative law judge shall issue a decision which shall determine all of the issues including, but not limited to, a judgment establishing the fair market value of the interests purchased by the tribe, including any adjustment thereof made necessary by the surviving spouse's decision to reserve a life estate in one-half of the interests. The decision shall specify the right of appeal to the Board of Indian Appeals within 60 days from the date of the decision in accordance with §§ 4.310 through 4.323. The administrative law judge shall lodge the complete record relating to the demand for hearing with the title plant as provided in § 4.236(b), furnish a duplicate record thereof to the Superintendent, and mail a notice of such action together with a copy of the decision to each party in interest.