Statutes, codes, and regulations
Code of Federal Regulations
Title 42 - PUBLIC HEALTHChapter I - PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICESSubchapter M - INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICESPart 137 - TRIBAL SELF-GOVERNANCESubpart H - FINAL OFFER
REJECTION OF FINAL OFFERS
Section 137.146 - If the Secretary rejects all or part of a final offer, is the Indian Tribe entitled to an appeal?

42 C.F.R. § 137.146

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Current through September 30, 2024
Section 137.146 - If the Secretary rejects all or part of a final offer, is the Indian Tribe entitled to an appeal?

Yes, the Indian Tribe is entitled to appeal the decision of the Secretary, with an agency hearing on the record, and the right to engage in full discovery relevant to any issue raised in the matter. The procedures for appeals are found in subpart P of this part. Alternatively, at its option, the Indian Tribe has the right to sue pursuant to section 110 of the Act [25 U.S.C. 450m-1 ] in Federal district court to challenge the Secretary's decision.

42 C.F.R. §137.146