Pre-Award Disputes

  1. Law
  2. CFR 42
  3. Public Health
  4. Public Health Service, Department of Health and Human Services
  5. Indian Health Service, Department of Health and Human Services
  6. Tribal Self-Governance
  7. Appeals
  8. Pre-Award Disputes

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Section
137.415

What decisions may an Indian Tribe appeal under § 137.415 through 137.436?

Section
137.416

Do §§ 137.415 through 137.436 apply to any other disputes?

Section
137.417

What procedures apply to Interior Board of Indian Appeals (IBIA) proceedings?

Section
137.418

How does an Indian Tribe know where and when to file its appeal from decisions made by IHS?

Section
137.419

What authority does the IBIA have under §§ 137.415 through 137.436?

Section
137.420

Does an Indian Tribe have any options besides an appeal?

Section
137.421

How does an Indian Tribe request an informal conference?

Section
137.422

How is an informal conference held?

Section
137.423

What happens after the informal conference?

Section
137.424

Is the recommended decision from the informal conference final for the Secretary?

Section
137.425

How does an Indian Tribe appeal the initial decision if it does not request an informal conference or if it does not agree with the recommended decision resulting from the informal conference?

Section
137.426

May an Indian Tribe get an extension of time to file a notice of appeal?

Section
137.427

What happens after an Indian Tribe files an appeal?

Section
137.428

How is a hearing arranged?

Section
137.429

What happens when a hearing is necessary?

Section
137.430

What is the Secretary's burden of proof for appeals covered by § 137.415?

Section
137.431

What rights do Indian Tribes and the Secretary have during the appeal process?

Section
137.432

What happens after the hearing?

Section
137.433

Is the recommended decision always final?

Section
137.434

If an Indian Tribe objects to the recommended decision, what will the Secretary do?

Section
137.435

Will an appeal adversely affect the Indian Tribe's rights in other compact, funding negotiations, or construction project agreement?

Section
137.436

Will the decisions on appeal be available for the public to review?