42 CFR §137.431
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
Both the Indian Tribe and the Secretary have the same rights during the appeal process. These rights include the right to:
- (a)Be represented by legal counsel;
- (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.