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Code of Federal Regulations Title 49. Transportation § 49.29.920 Is a decision of the Self–Governance Official final?

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) A decision of the Self–Governance Official is final and conclusive, and not subject to review, unless the Tribe timely commences an appeal or suit pursuant to the Contract Disputes Act.

(b) Once the Self–Governance Official issues a decision, the decision may not be changed except by agreement of the Department and the Tribe or under the following limited circumstances:

(1) Evidence is discovered that could not have been discovered through due diligence before the Self–Governance Official issued the decision;

(2) The Self–Governance Official learns that there has been fraud, misrepresentation, or other misconduct by a party;

(3) The decision is beyond the scope of the Self–Governance Official's authority;

(4) The claim has been satisfied, released, or discharged;  or

(5) Any other reason justifying relief from the decision.

(c) If the Self–Governance Official withdraws a decision and issues a new decision, the Tribe may appeal the new decision in accordance with § 29.921. If the Self–Governance Official does not issue a new decision, the Tribe may proceed under § 29.919(c).

(d) If a Tribe files an appeal or suit, the Self–Governance Official may modify or withdraw the final decision before a decision is issued in the pending appeal.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 49. Transportation § 49.29.920 Is a decision of the Self–Governance Official final? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-49-transportation/cfr-sect-49-29-920/

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