Current through September 30, 2024
Section 29.920 - Is a decision of the Self-Governance Official final?(a) A decision of the Self-Governance Official is final and conclusive, and not subject to review, unless the Tribe timely commences an appeal or suit pursuant to the Contract Disputes Act.(b) Once the Self-Governance Official issues a decision, the decision may not be changed except by agreement of the Department and the Tribe or under the following limited circumstances:(1) Evidence is discovered that could not have been discovered through due diligence before the Self-Governance Official issued the decision;(2) The Self-Governance Official learns that there has been fraud, misrepresentation, or other misconduct by a party;(3) The decision is beyond the scope of the Self-Governance Official's authority;(4) The claim has been satisfied, released, or discharged; or(5) Any other reason justifying relief from the decision.(c) If the Self-Governance Official withdraws a decision and issues a new decision, the Tribe may appeal the new decision in accordance with § 29.921 . If the Self-Governance Official does not issue a new decision, the Tribe may proceed under § 29.919(c) .(d) If a Tribe files an appeal or suit, the Self-Governance Official may modify or withdraw the final decision before a decision is issued in the pending appeal.