Code of Federal Regulations · Section
§ 4.1002 — What Is The Purpose Of This Subpart?
43 C.F.R. § 4.1002
(a) The purpose of this subpart is to establish rules of practice and procedure for the hearing process available under 25 CFR 83.38(a)(1) and 83.39 to a petitioner for Federal acknowledgment that receives from OFA a negative proposed finding on Federal acknowledgment and elects to have a hearing before an ALJ. This subpart includes provisions governing prehearing conferences, discovery, motions, an evidentiary hearing, briefing, and issuance by the ALJ of a recommended decision on Federal acknowledgment for consideration by the Assistant Secretary—Indian Affairs (AS-IA).
(b) This subpart will be construed and applied to each hearing process to achieve a just and speedy determination, consistent with adequate consideration of the issues involved.
Authorizing Statute
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Duties of Commissioner25 U.S.C. § 2
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Departmental regulations5 U.S.C. § 301
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Transferred43 U.S.C. § 1201
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Regulations by President25 U.S.C. § 9