Other Fields
Agency Scheme: 
DINTBIAA0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
BIA Director
Name of Hearing Office (global name): 
Department of the Interior: BIA Director
Sub-Agency/Bureau/Division:: 
Bureau of Indian Affairs (Various decision makers
Hearing Officer #1 (Title): 
Area Director
Hearing Officer #2 (Title): 
Area Education Programs Administrator
Comments/Notes on Adjudication Structure: 

Structure applies to all appeals of administrative actions in BIA except where another regulation or statute provides for different procedures. A number of different individuals may decide appeals, including: Area Director; Area Education Programs Administrator, Agency Superintendent for Education, President of a Post-Secondary School, or the Deputy to the Assistant Secretary-Indian Affairs/Director (IEP);Deputy to the Assistant Secretary. 25 CFR 2.4

. Some BIA program regulations contain appeal procedures which differ from those in 25 C.F.R. Part 2. Appeal procedures established in program regulations take precedence over the procedures in 25 C.F.R. Part 2. 25 C.F.R. 2.3(b); In re Federal Acknowledgment of the Golden Hill Paugussett Tribe, 34 IBIA 18 (1999).

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Is the agency permitted to have representation at hearings?: 
No
Regulations/rules of practice for hearings (please include CFR citations): 
25 CFR Part 2
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Regulations contain no provisions authorizing discovery.
Does the hearing officer have subpoena authority?: 
No
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
100%
How is the type of hearing selected: 
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
24 CFR Part 2 appears to set forth written (document-only) hearings.
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
N/A (Document-Only Hearings)
If "Varies by Case," please describe: 
General regulations do not specify.
Can parties cross-examine witnesses?: 
N/A (Document-Only Hearings)
If "Varies by Case," please describe: 
General regulations do not specify.
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Are hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are hearings open to the public?: 
N/A (Document-Only Hearing)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
The official receiving a request as specified in paragraph (a) of this section must either make a decision on the merits of the initial request within 10 days from receipt of the request for a decision or establish a reasonable later date by which the decision shall be made, not to exceed 60 days from the date of request. If an official establishes a date by which a requested decision shall be made, this date shall be the date by which failure to make a decision shall be appealable under this part. If the official, within the 10-day period specified in paragraph (a) of this section, neither makes a decision on the merits of the initial request nor establishes a later date by which a decision shall be made, the official's inaction shall be appealable to the next official in the process established in this part. 25 CFR Sec. 2.8(b)
PROCESS & PROCEDURE - Case Management
Are final decisions published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
Minimal procedures defined in regulations.
ADJUDICATORS
Total # of Hearing Officers: 
1
Comments/Notes on Hearing-Level Adjudicators (Optional): 
Other individuals may also adjudicate appeals. 25 CFR 2.4
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified