Current through October 31, 2024
Section 224.119 - What must the Secretary do when making a decision on a petition?(a) The Secretary must issue a written decision to the Tribe and the petitioner stating the basis for the decision about the Tribe's compliance or noncompliance with the TERA within 30 days following:(1) A hearing, if the Tribe requested a hearing;(2) The Tribe's declining the opportunity for a hearing; or(3) The Tribe's failure to respond to the opportunity for a hearing within 20 days of the Secretary's written notice of the opportunity for a hearing.(b) If the Secretary decides that the Tribe is not in compliance with the TERA, the 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 Tribe; 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