25 C.F.R. § 2.507

Current through October 31, 2024

Section 2.507 - How do I appeal a reviewing official's decision?

(a) To appeal a reviewing official's decision that is not a final agency action, you must file your appeal in accordance with the instructions for appeal contained in the decision.

(b) The decision will include instructions that briefly describe how to appeal the decision, to whom the appeal should be directed, and the deadline for filing an appeal, and will refer interested parties to the regulations governing the appeal.

(c) If you are appealing to the IBIA, you must comply with IBIA's regulations, set out at 43 CFR part 4.

(d) Except where a specific section of this part sets out a different appellate hierarchy, table 1 to this paragraph (d) indicates the official to whom subsequent appeals should be addressed.

Table 1 to Paragraph (d)

Reviewing official (or IBIA) whose decision is being appealed	Official to whom the appeal is addressed
Regional Director	IBIA.
Principal of a Bureau operated school	Education Program Administrator.
Education Program Administrator	Associate Deputy Director, Bureau of Indian Education.
Associate Deputy Director, BIE	Director, BIE.
President of a Bureau operated post-secondary school	Director, BIE.
Deputy Director BIA, Office of Justice Services (OJS)	IBIA.
Director, BIE	AS-IA.
Director, BTFA	AS-IA.
Director, BIA	IBIA.
Deputy Assistant Secretary-Indian Affairs	AS-IA.
AS-IA	(Decision is final for the Department).
IBIA	(Decision is final for the Department).

25 C.F.R. §2.507

88 FR 53779 , 9/8/2023