How do I appeal if I want a decision on written submissions only, without a hearing?
How do I appeal a notice of violation, order of temporary closure, proposed civil fine assessment, the Chair’s decision to void or modify a management contract, the Commission’s proposal to remove a certificate of self-regulation, or a notice of late fees and late fee assessment, if I want a decision on written submissions only, without a hearing?
A tribe or the recipient of the action that is the subject of the appeal may file a notice of appeal within 30 days after service of the action. The notice of appeal must reference the action or decision from which the appeal is taken, shall include a written waiver of the right to an oral hearing before a presiding official and an election to have the matter determined by the Commission solely on the basis of written submissions, and should be mailed to the address identified in the action. Copies of the notice of appeal must be filed personally or by registered or certified mail, return receipt requested. Service of copies of all documents is complete at the time of personal service or, if service is made by mail, facsimile, or email, upon transmittal.
Although it may extend other deadlines in the appellate process, the Commission may not extend the time for filing a notice of appeal.
Additional rules, including those that govern the filing of an appeal brief, are found at 25 C.F.R. §§ 580-581 and 585.
