§ 115.600 If BIA decides to restrict your IIM account under § 115.102 or § 115.104, what procedures must the BIA follow?
§ 115.601 Under what circumstances may the BIA restrict your IIM account through supervision or an encumbrance?
§ 115.602 How will the BIA notify you or your guardian, as applicable, of its decision to restrict your IIM account?
§ 115.603 What happens if BIA’s notice of its decision to place a restriction on your IIM account that is sent by United States certified mail is returned to the BIA as undeliverable for any reason?
§ 115.604 When will BIA authorize OTFM to place a restriction on your IIM account?
§ 115.605 What information will the BIA include in its notice of the decision to restrict your IIM account?
§ 115.606 What happens if you do not request a hearing to challenge BIA’s decision to restrict your IIM account during the allotted time period?
§ 115.607 How do you request a hearing to challenge the BIA’s decision to restrict your IIM account?
§ 115.608 If you request a hearing to challenge BIA’s decision to restrict your IIM account, when will BIA conduct the hearing?
§ 115.609 Will you be allowed to present testimony and/or evidence at the hearing?
§ 115.610 Will you be allowed to present witnesses during a hearing?
§ 115.611 Will you be allowed to question opposing witnesses during a hearing?
§ 115.612 May you be represented by an attorney during your hearing?
§ 115.613 Will the BIA record the hearing?
§ 115.614 Why is the BIA hearing recorded?
§ 115.615 How long after the hearing will BIA make its final decision?
§ 115.616 What information will be included in BIA’s final decision?
§ 115.617 What happens when the BIA decides to supervise or encumber your IIM account after your hearing?
§ 115.618 What happens if at the conclusion of the notice and hearing process we decide to encumber your IIM account because of an administrative error which resulted in funds that you do not own being deposited in your account or distributed to yo
§ 115.619 If the BIA decides that the restriction on your IIM account will be continued after your hearing, do you have the right to appeal that decision?
§ 115.620 If you decide to appeal the BIA’s final decision pursuant to § 115.107, will the BIA restrict your IIM account during the appeal?

Terms Used In CFR > Title 25 > Chapter I > Subchapter G > Part 115 > Subpart E - Iim Accounts: Hearing Process for Restricting an Iim Account

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Personal property: All property that is not real property.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.