Current through October 31, 2024
Section 222.104 - When does the Assistant Secretary consider a complaint received?(a) The Assistant Secretary considers a complaint to have been received only after the Assistant Secretary determines that the complaint-(1) Satisfies the requirements in §§ 222.102 and 222.103 ; and(2) Is in writing and signed by the tribal chairman or the tribe's authorized designee.(b) If the Assistant Secretary determines that a complaint fails to meet the requirements in §§ 222.102-222 .103, the Assistant Secretary notifies the tribe or its designee in writing that the complaint has been dismissed for purposes of invoking the hearing procedures in §§ 222.102-222 .113.(c) Any notification that a complaint has been dismissed includes the reasons why the Assistant Secretary determined that the complaint did not meet the requirements in §§ 222.102 and 222.103 .(d) Notification that a complaint has been dismissed does not preclude other efforts to investigate or resolve the issues raised in the complaint, including the filing of an amended complaint. Authority: 20 U.S.C. 7704(e)(1)