42 CFR 137.441
§ 137.441 Will there be a hearing?
United States · 42 CFR — Public Health · Status: effective
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- Citation
- 42 CFR 137.441, § 137.441 Will there be a hearing?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/202605
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Full text
Yes, unless the Self-Governance Tribe waives its right to a hearing in writing. The Deputy Director of the Office of Hearings and Appeals must appoint an Administrative Law Judge to hold a hearing,
(a) The hearing must be held within 10 days of the date of the notice referred to in § 137.440 unless the Self-Governance Tribe agrees to a later date.
(b) If possible, the hearing will be held at the office of the Self-Governance Tribe. If the hearing is held more than 50 miles from the office of the Self-Governance Tribe, the Secretary must arrange to pay transportation costs and per diem for incidental expenses. This will allow for adequate representation of the Self-Governance Tribe.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.