APPEALS FROM APPROVALS OR DISAPPROVALS OF MANAGEMENT CONTRACTS OR AMENDMENTS TO MANAGEMENT CONTRACTS
25 U.S.C. 2706, 2711, 2712, 2713, 2715.
§ 583.1 What does this part cover?
This part applies to appeals from the Chair's decision to approve or disapprove a management contract or amendment to a management contract under parts 533 and 535 of this chapter.
§ 583.2 Who may appeal the approval or disapproval of a management contract or amendment to a management contract?
Only a party to the management contract or amendment thereto approved or disapproved by the Chair may appeal.
§ 583.3 How do I appeal the approval or disapproval of a management contract or amendment to a management contract?
(a) Within 30 days after the Chair serves his or her determination, the appellant must file a notice of appeal with the Commission and serve it on all parties to the management contract. The notice of appeal must reference the decision from which the appeal is taken. Unless the Commission has extended the time for filing an appeal brief pursuant to § 580.4(f) of this subchapter, the appeal brief must be filed within 30 days of service of the record pursuant to § 583.5. The brief shall state succinctly why the appellant believes the Chair's approval or disapproval should be reversed and may include supporting documentation.
(b) Another party to the management contract may oppose the appeal by filing an opposition brief with the Commission within 20 days after service of the appellant's brief. The opposition brief shall state succinctly why the party believes the Chair's approval or disapproval should be upheld and may include supporting documentation.
(c) The appellant may file a reply brief within 15 days of service of the opposition brief.
§ 583.4 Are motions permitted?
Management contract and amendment appeals are summary proceedings. Only motions for an extension of time under § 580.4(f) of this subchapter, motions to supplement the record under § 581.5 of this subchapter, and motions for reconsideration under § 581.6 of this subchapter, are permitted.
§ 583.5 When will I receive a copy of the record on which the Chair relied?
Within 10 days of the filing of a notice of appeal, or as soon thereafter as practicable, the record will be transmitted to all parties.
§ 583.6 When will the Commission issue its final decision?
(a) The Commission shall issue its final decision within 90 days after service of the appeal brief or within 90 days after the conclusion of briefing by the parties, whichever is later.
(b) The Commission shall notify the tribe and management contractor of its final decision and the reason(s) supporting it.