regulation

Bureau of Indian Affairs, Interior, IHS, HHS
(b) Have the parties provide witnesses who have knowledge of the relevant issues, including specific witnesses with that knowledge, who are
requested by either party;
(c) Cross-examine witnesses;
(d) Introduce oral or documentary
evidence, or both;
(e) Require that oral testimony be
under oath;
(f) Receive a copy of the transcript of
the hearing, and copies of all documentary evidence which is introduced at
the hearing;
(g) Compel the presence of witnesses,
or the production of documents, or
both, by subpoena at hearings or at
depositions;
(h) Take depositions, to request the
production of documents, to serve interrogatories on other parties, and to
request admissions; and
(i) Any other procedural rights under
the Administrative Procedure Act, 5
U.S.C. 556.
§ 900.165 What happens after the hearing?
(a) Within 30 days of the end of the
formal hearing or any post-hearing
briefing schedule established by the
ALJ, the ALJ shall send all the parties
a recommended decision, by certified
mail, return receipt requested. The recommended decision shall contain the
ALJ’s findings of fact and conclusions
of law on all the issues. The recommended decision shall also state
that the Indian tribe or tribal organization has the right to object to the
recommended decision.
(b) If the appeal involves the Department of Health and Human Services,
the recommended decision shall contain the following statement:
Within 30 days of the receipt of this recommended decision, you may file an objection to the recommended decision with the
Secretary of Health and Human Services
under 25 CFR 900.165(b). An appeal to the
Secretary under 25 CFR 900.165(b) shall be
filed at the following address: Department of
Health and Human Services, 200 Independence Ave. S.W., Washington, DC, 20201. You
shall serve copies of your notice of appeal on
the official whose decision is being appealed.
You shall certify to the Secretary that you
have served this copy. If neither party files
an objection to the recommended decision
within 30 days, the recommended decision
will become final.

§ 900.167
(c) If the appeal involves the Department of the Interior, the recommended
decision shall contain the following
statement:
Within 30 days of the receipt of this recommended decision, you may file an objection to the recommended decision with the
Interior Board of Indian Appeals (IBIA)
under 25 CFR 900.165(c). An appeal to the
IBIA under 25 CFR 900.165(c) shall be filed at
the following address: Board of Indian Appeals, 801 North Quincy Street, Arlington,
VA 22203. You shall serve copies of your notice of appeal on the Secretary of the Interior, and on the official whose decision is
being appealed. You shall certify to the IBIA
that you have served these copies. If neither
party files an objection to the recommended
decision within 30 days, the recommended
decision will become final.

§ 900.166 Is the recommended decision
always final?
No. Any party to the appeal may file
precise and specific written objections
to the recommended decision, or any
other comments, within 30 days of receiving the recommended decision. Objections shall be served on all other
parties. The recommended decision
shall become final 30 days after the Indian tribe or tribal organization receives the ALJ’s recommended decision, unless a written statement of objections is filed with the Secretary of
Health and Human Services or the
IBIA during the 30-day period. If no
party files a written statement of objections within 30 days, the recommended decision shall become final.
§ 900.167 If an Indian tribe or tribal
organization objects to the recommended decision, what will the
Secretary of Health and Human
Services or the IBIA do?
(a) The Secretary of Health and
Human Services or the IBIA has 20
days from the date it receives any
timely written objections to modify,
adopt, or reverse the recommended decision. If the Secretary of Health and
Human Services or the IBIA does not
modify or reverse the recommended decision during that time, the recommended decision automatically becomes final.
(b) When reviewing the recommended
decision, the IBIA or the Secretary
may consider and decide all issues

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