(a) Within 5 days of receiving the Indian Tribe's notice of appeal, the IBIA will decide
whether the appeal falls under § 137.415. If so, the Indian Tribe is entitled to a hearing.
(b) If the IBIA cannot make that decision based on the information included in the notice
of appeal, the IBIA may ask for additional statements from the Indian Tribe, or from
the appropriate Federal agency. If the IBIA asks for more statements, it will make its decision within 5 days of
receiving those statements.
(c) If the IBIA decides that the Indian Tribe is not entitled to a hearing or if the
Indian Tribe has waived its right to a hearing on the record, the IBIA will dismiss
the appeal and inform the Indian Tribe that it is not entitled to a hearing or has
waived its right to a hearing.
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