Part 2 — Appeals from Administrative Decisions
Current through Jun 5, 2025
Authority: 43 U.S.C. 1457; 25 U.S.C. 9; 5 U.S.C. 301.
Source: 88 FR 53779, Aug. 9, 2023, unless otherwise noted.
Sections
- § 2.100 What is the purpose of this part?
- § 2.101 What terms do I need to know?
- § 2.102 What may I appeal under this part?
- § 2.103 Are all appeals subject to this part?
- § 2.104 How will I know what decisions are appealable under this part?
- § 2.105 Who will receive notice of decisions that are appealable under this part?
- § 2.106 How does this part comply with the Paperwork Reduction Act?
- § 2.200 Who may appeal a decision?
- § 2.201 Do I need a lawyer in order to file a document in an appeal?
- § 2.202 Who decides administrative appeals?
- § 2.203 How long do I have to file an appeal?
- § 2.204 Will the reviewing official grant a request for an extension of time to file a Notice of Appeal?
- § 2.205 How do I file a Notice of Appeal?
- § 2.206 What must I include in my Notice of Appeal?
- § 2.207 Do I have to send the Notice of Appeal to anyone other than the reviewing official?
- § 2.208 What must I file in addition to the Notice of Appeal?
- § 2.209 Who may file a response to the statement of reasons?
- § 2.210 How long does the decision-maker or an interested party have to file a response?
- § 2.211 What must a response to the statement of reasons include?
- § 2.212 Will the reviewing official accept additional briefings?
- § 2.213 What role does the decision-maker have in the appeal process?
- § 2.214 What requirements apply to my submission of documents?
- § 2.300 When is a decision effective?
- § 2.301 When is a decision a final agency action?
- § 2.400 When may the reviewing official require an appeal bond?
- § 2.401 How will the reviewing official determine whether to require an appeal bond?
- § 2.402 What form of appeal bond will the reviewing official accept?
- § 2.403 May I appeal the decision whether to require an appeal bond?
- § 2.404 What will happen to my appeal if I fail to post a required appeal bond?
- § 2.405 How will the reviewing official notify interested parties of the decision on a request for an appeals bond?
- § 2.500 May an appeal be consolidated with other appeals?
- § 2.501 May an appealed decision be partially implemented?
- § 2.502 May I withdraw my appeal once it has been filed?
- § 2.503 May an appeal be dismissed without a decision on the merits?
- § 2.504 What information will the reviewing official consider?
- § 2.505 When will the reviewing official issue a decision on an appeal?
- § 2.506 How does the reviewing official notify the appellant and other interested parties of a decision?
- § 2.507 How do I appeal a reviewing official's decision?
- § 2.508 May the AS-IA take jurisdiction over an appeal to the IBIA?
- § 2.509 May I ask the AS-IA to take jurisdiction over my appeal?
- § 2.510 How will the AS-IA handle my appeal?
- § 2.511 May the Secretary decide an appeal?
- § 2.512 May the Director of the Office of Hearings and Appeals take jurisdiction over a matter?
- § 2.600 May I compel an agency official to take action?
- § 2.601 When must a decision-maker respond to a request to act?
- § 2.602 What may I do if the decision-maker fails to respond?
- § 2.603 How do I submit an appeal of inaction?
- § 2.604 What will the next official in the decision-maker's chain of command do in response to my appeal?
- § 2.605 May I appeal continued inaction by the decision-maker or the next official in the decision-maker's chain of command?
- § 2.606 May I appeal inaction by a reviewing official on an appeal from a decision?
- § 2.607 What happens if no official responds to my requests under this subpart?
- § 2.700 What is the purpose of this subpart?
- § 2.701 May a Local Bureau Official's decision to recognize, or decline to recognize, a Tribal representative be appealed?
- § 2.702 How will I know what decisions are appealable under this subpart?
- § 2.703 How do I file a Notice of Appeal of a Tribal representative recognition decision?
- § 2.704 How long do I have to file an appeal of a Tribal representative recognition decision?
- § 2.705 Is there anything else I must file?
- § 2.706 When must I file my statement of reasons?
- § 2.707 May the LBO and interested parties file a response to the statement of reasons?
- § 2.708 How long do interested parties have to file a response?
- § 2.709 What will the LBO do in response to my appeal?
- § 2.710 When will the reviewing official decide a Tribal representative recognition appeal?
- § 2.711 May the decision deadline be extended?
- § 2.712 May the AS-IA take jurisdiction over the appeal?
- § 2.713 May I ask the AS-IA to take jurisdiction over the appeal?
- § 2.714 May the reviewing official's decision on Tribal representative recognition be appealed?
- § 2.800 What is the purpose of this subpart?
- § 2.801 What terms do I need to know for this subpart?
- § 2.802 What must I do if I want to challenge the accuracy of activity within a Statement of Performance?
- § 2.803 Is every account holder allowed to challenge the accuracy of activity within a Statement of Performance?
- § 2.804 May I challenge the underlying action that generated the proceeds deposited into my account under this subpart?
- § 2.805 May I challenge anything other than the activity in the account under this subpart?
- § 2.806 What must my Objection to the Statement of Performance contain?
- § 2.807 What must my Basis of Objection contain?
- § 2.808 To whom must I submit my Objection to the Statement of Performance?
- § 2.809 When must I submit my Objection to the Statement of Performance?
- § 2.810 Will the decision-maker acknowledge receipt of my Objection to the Statement of Performance?
- § 2.811 May I request an extension of time to submit my Objection to the Statement of Performance?
- § 2.812 May I appeal the denial of my request for an extension of time?
- § 2.813 If I fail to submit either an Objection to the Statement of Performance or the Basis of Objection within the applicable deadlines, what is the consequence?
- § 2.814 How long will the decision-maker have to issue a Decision on my Objection to the Statement of Performance?
- § 2.815 What information will the Decision on my Objection to the Statement of Performance contain?
- § 2.816 May I appeal the Decision on my Objection to the Statement of Performance?
- § 2.817 What must my Appeal of the Decision on the Objection to the Statement of Performance contain?
- § 2.818 To whom must I submit my Appeal of a Decision on my Objection to the Statement of Performance?
- § 2.819 When must my Appeal be filed?
- § 2.820 May I submit any other documents in support of my Appeal?
- § 2.821 May I request an extension of time to submit my Appeal?
- § 2.822 What happens if I do not submit my Appeal within the 30-day deadline?
- § 2.823 When will the reviewing official issue the BTFA's ruling?
- § 2.824 May I appeal the BTFA's ruling?
- § 2.825 When does the Statement of Performance or a Decision become final?
- § 2.900 Is there a procedure other than a formal appeal for resolving disputes?
- § 2.901 How do I request alternative dispute resolution?
- § 2.902 When do I initiate alternative dispute resolution?
- § 2.903 What will Indian Affairs do if I request alternative dispute resolution?