25 CFR 44.106 – How can the Secretary revoke an eligibility determination?
(a) In order to revoke eligibility, the Secretary must:
Terms Used In 25 CFR 44.106
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contract: A legal written agreement that becomes binding when signed.
(1) Provide the tribe or tribal organization with a written notice;
(2) Furnish the tribe or tribal organization with technical assistance to take remedial action; and
(3) Provide an appeal process.
(b) The Secretary cannot revoke an eligibility determination if the tribe or tribal organization is in compliance with 25 U.S.C. § 2505(c).
(c) The Secretary can take corrective action if the school fails to be accredited by January 8, 2005.
(d) In order to revoke eligibility for a grant, the Secretary must send the tribe or tribal organization a written notice that:
(1) States the specific deficiencies that are the basis of the revocation or reassumption; and
(2) Explains what actions the tribe or tribal organization must take to remedy the deficiencies.
(e) The tribe or tribal organization may appeal a notice of revocation or reassumption by requesting a hearing under 25 CFR part 900, subpart L or P.
(f) After revoking eligibility, the Secretary will either contract the program under 25 U.S.C. § 450 et seq. or operate the program directly.