Part 2 — Appeals from Administrative Decisions
Subpart A — Purpose, Definitions, and Scope of this Part
- § 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?
Subpart B — Appealing Administrative Decisions
- § 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?
Subpart C — Effectiveness and Finality of Decisions
Subpart D — Appeal Bonds
- § 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?
Subpart E — Deciding Appeals
- § 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?
Subpart F — Appealing Inaction of an Agency Official
- § 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?
Subpart G — Special Rules Regarding Recognition of Tribal Representative
- § 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?
Subpart H — Appeals of Bureau of Trust Funds Administration Statements of Performance
- § 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?