49 CFR Subpart J - Subpart J—Dispute Resolution and Appeals
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- § 29.900 What is the purpose of this subpart?
- § 29.901 Can the Department and a Tribe resolve disputes using alternative dispute resolution processes?
- § 29.902 Does the Equal Access to Justice Act apply to the Program?
- § 29.903 What determinations may not be appealed under this subpart?
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Pre-Award Decisions (§§ 29.904 - 29.911)
- § 29.904 What are pre-award decisions that a Tribe may appeal?
- § 29.905 To whom does a Tribe appeal a pre-award decision?
- § 29.906 Must a Tribe exhaust its administrative remedies before initiating a civil action against the Department in the U.S. District Courts for a pre-award decision?
- § 29.907 When and how must a Tribe appeal a pre-award decision?
- § 29.908 May a Tribe request an extension of time to file an administrative appeal?
- § 29.909 When and how must the hearing official respond to the Tribe's appeal?
- § 29.910 What is the Department's burden of proof for appeals of pre-award decisions?
- § 29.911 What is the effect of a pending appeal on negotiations?
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Post-Award Disputes (§§ 29.912 - 29.923)
- § 29.912 What is a post-award dispute?
- § 29.913 What is a claim under the Contract Disputes Act?
- § 29.914 How does a Tribe file a Contract Disputes Act claim?
- § 29.915 Must a Tribe certify a Contract Disputes Act claim?
- § 29.916 Who bears the burden of proof in a Contract Disputes Act claim?
- § 29.917 What is the Department's role in processing a Contract Disputes Act claim?
- § 29.918 What information must the Self-Governance Official's decision contain?
- § 29.919 When must the Self-Governance Official issue a written decision on the claim?
- § 29.920 Is a decision of the Self-Governance Official final?
- § 29.921 Where may the Tribe appeal the Self-Governance Official's decision on a Contract Disputes Act claim?
- § 29.922 May a party appeal a Civilian Board of Contract Appeals decision?
- § 29.923 What is the effect of a pending appeal?
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Termination Appeals (§§ 29.924 - 29.933)
- § 29.924 May a Tribe appeal the Department's decision to terminate a compact or funding agreement?
- § 29.925 Is a Tribe entitled to a hearing on the record?
- § 29.926 What rights do the Department and a Tribe have in an appeal of a termination decision?
- § 29.927 What notice and service must the Department and the Tribe provide?
- § 29.928 What is the Department's burden of proof for a termination decision?
- § 29.929 How will the Department communicate its decision following a hearing on a termination decision?
- § 29.930 May the Department or the Tribe appeal the decision of an administrative law judge?
- § 29.931 How can the Department or the Tribe obtain review of the recommended decision of an administrative law judge?
- § 29.932 May a Tribe appeal the decision of the Secretary?
- § 29.933 What is the effect of an appeal on negotiations?