Subpart K. Subpart K—Hearing Process Concerning Acknowledgment of American Indian Tribes

• General Provisions

  • SECTION § 4.1001 - What terms are used in this subpart?
  • SECTION § 4.1002 - What is the purpose of this subpart?
  • SECTION § 4.1003 - Which rules of procedure and practice apply?
  • SECTION § 4.1004 - How are time periods computed?

• Representatives

  • SECTION § 4.1010 - Who may represent a party, and what requirements apply to a representative?

• Document Filing and Service

  • SECTION § 4.1011 - What are the form and content requirements for documents under this subpart?
  • SECTION § 4.1012 - Where and how must documents be filed?
  • SECTION § 4.1013 - How must documents be served?

• ALJ's Powers, Unavailability, Disqualification, and Communications

  • SECTION § 4.1014 - What are the powers of the ALJ?
  • SECTION § 4.1015 - What happens if the ALJ becomes unavailable?
  • SECTION § 4.1016 - When can an ALJ be disqualified?
  • SECTION § 4.1017 - Are ex parte communications allowed?

• Motions

  • SECTION § 4.1018 - What are the requirements for motions?

• Prior Decisions

  • SECTION § 4.1019 - How may a party submit prior Departmental final decisions?

• Hearing Process

• Docketing, Intervention, Prehearing Conferences, and Summary Decision

  • SECTION § 4.1020 - What will DCHD do upon receiving the election of hearing from a petitioner?
  • SECTION § 4.1021 - What are the requirements for motions for intervention and responses?
  • SECTION § 4.1022 - How are prehearing conferences conducted?
  • SECTION § 4.1023 - What are the requirements for motions for recommended summary decision, responses, and issuance of a recommended summary decision?

• Information Disclosure

  • SECTION § 4.1030 - What are the requirements for OFA's witness and exhibit list?
  • SECTION § 4.1031 - Under what circumstances will the ALJ authorize a party to obtain discovery of information?
  • SECTION § 4.1032 - When must a party supplement or amend information?
  • SECTION § 4.1033 - Under what circumstances will the ALJ authorize a party to depose a witness to preserve testimony?
  • SECTION § 4.1034 - What are the procedures for limiting disclosure of information which is confidential or exempt by law from public disclosure?
  • SECTION § 4.1035 - What are the requirements for subpoenas and witness fees?

• Hearing, Briefing, and Recommended Decision

  • SECTION § 4.1040 - When and where will the hearing be held?
  • SECTION § 4.1041 - What are the parties' rights during the hearing?
  • SECTION § 4.1042 - Who may testify?
  • SECTION § 4.1043 - What are the methods for testifying?
  • SECTION § 4.1044 - How may a party use a deposition in the hearing?
  • SECTION § 4.1045 - What are the requirements for exhibits, official notice, and stipulations?
  • SECTION § 4.1046 - What evidence is admissible at the hearing?
  • SECTION § 4.1047 - What are the requirements for transcription of the hearing?
  • SECTION § 4.1048 - What is the standard of proof?
  • SECTION § 4.1049 - When will the hearing record close?
  • SECTION § 4.1050 - What are the requirements for post-hearing briefs?
  • SECTION § 4.1051 - What are the requirements for the ALJ's recommended decision?