(a) The Secretary must issue a written decision to the Tribe and the petitioner stating the basis for the decision about the Tribe's compliance or noncompliance with the TERA within 30 days following:
- (1) A hearing, if the Tribe requested a hearing;
- (2) The Tribe's declining the opportunity for a hearing; or
- (3) The Tribe's failure to respond to the opportunity for a hearing within 20 days of the Secretary's written notice of the opportunity for a hearing.
(b) If the Secretary decides that the Tribe is not in compliance with the TERA, the Secretary must:
- (1) Include findings of fact and conclusions of law with respect to each claim made in the petition in the written decision to the Tribe; and
- (2) Take action to ensure compliance with the TERA.
- (c) The Secretary will dismiss any petition if the interested party who filed the petition has agreed with the Tribe to a resolution of the claims presented in the petition.
[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69613, Dec. 18, 2019]