Code of Federal Regulations (alpha)

CFR /  Title 34  /  Part 222  /  Sec. 222.104 When does the Assistant Secretary consider a

(a) The Assistant Secretary considers a complaint to have been received only after the Assistant Secretary determines that the complaint--

(1) Satisfies the requirements in Sec. Sec. 222.102 and 222.103; and

(2) Is in writing and signed by the tribal chairman or the tribe's authorized designee.

(b) If the Assistant Secretary determines that a complaint fails to meet the requirements in Sec. Sec. 222.102-222.103, the Assistant Secretary notifies the tribe or its designee in writing that the complaint has been dismissed for purposes of invoking the hearing procedures in Sec. Sec. 222.102-222.113.

(c) Any notification that a complaint has been dismissed includes the reasons why the Assistant Secretary determined that the complaint did not meet the requirements in Sec. Sec. 222.102 and 222.103.

(d) Notification that a complaint has been dismissed does not preclude other efforts to investigate or resolve the issues raised in the complaint, including the filing of an amended complaint. (Authority: 20 U.S.C. 7704(e)(1)) Sec. Sec. 222.105-222.107 [Reserved]