Both the Indian tribe or tribal organization and the government agency have the same rights during the appeal process. These rights include the right to:

1. (a) Be represented by legal counsel;
2. (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;
3. (c) Cross-examine witnesses;
4. (d) Introduce oral or documentary evidence, or both;
5. (e) Require that oral testimony be under oath;
6. (f) Receive a copy of the transcript of the hearing, and copies of all documentary evidence which is introduced at the hearing;
7. (g) Compel the presence of witnesses, or the production of documents, or both, by subpoena at hearings or at depositions;
8. (h) Take depositions, to request the production of documents, to serve interrogatories on other parties, and to request admissions; and
9. (i) Any other procedural rights under the Administrative Procedure Act, 5 U.S.C. 556.