(a) A petitioner may file a petition with the Secretary:
(1) By delivering the petition to the Director within 30 days of receiving the tribe's final written decision addressing the allegation of noncompliance under applicable tribal laws, regulations, or procedures;
(2) Within a reasonable period following the tribe's constructive denial of the petition under Sec. 224.106(c), and the Secretary will determine if the petition is timely in light of the applicable facts and circumstances; or
(3) The tribe did not respond to the petitioner's request for copies of any tribal laws, regulations, or procedures under Sec. 224.105(a).
(b) A petitioner may file a petition directly with the Secretary if the tribe has no tribal laws, regulations or procedures that provide the petitioner an opportunity to allege tribal noncompliance with a TERA.