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88 FR 53779, Aug. 9, 2023, unless otherwise noted.
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(a) Yes. If a decision-maker fails to take action on a written request for action that you believe the decision-maker is required to take, you may make the decision-maker's inaction the subject of appeal.
(b) Before filing an appeal with the next official in the decision-maker's chain of command, you must:
(1) Send a written request to the decision-maker, asking that he or she take the action originally asked of him or her;
(2) Identify the statute, regulation, or other source of law that you believe requires the decision-maker to take the action being requested;
(3) Describe the interest adversely affected by the decision-maker's inaction, including a description of the loss, impairment or impediment of such interest caused by the inaction; and
(4) State that, unless the decision-maker either takes action on the written request within 15 days of receipt of your request, or establishes a date by which a decision will be made, you will appeal the decision-maker's inaction in accordance with this subpart.
(c) You must include a copy of your original request to the decision-maker, or other documentation establishing the date and nature of the original request.
A decision-maker receiving a request as specified in § 2.600 has 15 days from receiving the request to issue a written response. The response may be a decision, a procedural order that will further the decision-making process, or a written notice that a decision will be rendered by a date no later than 60 days from the date of the request.
If the decision-maker does not respond as provided for in § 2.601, you may appeal the decision-maker's continued inaction to the next official in the decision-maker's chain of command. For purposes of this subpart:
(a) BIA's chain of command is as follows:
(1) Local Bureau Official;
(2) Regional Director (find addresses on the Indian Affairs website, currently at https://www.bia.gov/regional-offices);
(3) Director, Bureau of Indian Affairs (1849 C Street NW, MS 4606, Washington, DC 20240); and
(4) Assistant Secretary—Indian Affairs (1849 C Street NW, MS 4660, Washington, DC 20240).
(b) BIE's chain of command is as follows:
(1) Principal of Bureau-operated school;
(2) Education Program Administrator;
(3) Associate Deputy Director, BIE;
(4) Director, BIE; and
(5) AS-IA.
(c) The Office of Justice Services' chain of command is as follows:
(1) Deputy Director BIA, Office of Justice Services;
(2) Director, BIA; and
(3) AS-IA
(d) You may appeal inaction by an official within the Office of the AS-IA to the AS-IA.
You may appeal the inaction of a decision-maker by sending a written “appeal from inaction of an official” to the next official in the decision-maker's chain of command. You must enclose a copy of the original request for decision to which the decision-maker has not responded and a copy of the request for decision that you sent to the decision-maker pursuant to § 2.600. If filing by email is permitted, “Appeal of Inaction” must appear in the subject line of the email submission.
An official who receives an appeal from the inaction of a decision-maker that complies with the requirements of this subpart will, within 15 days of receiving the appeal, formally direct the decision-maker to respond within 15 days of the decision-maker's receipt of the official direction. The official will send to all interested parties a copy of his or her instructions to the decision-maker.
Yes. If the official fails to timely direct the decision-maker to respond to the request for decision, or if the decision-maker fails to respond within the time frame identified by the official pursuant to § 2.604, you may appeal the continued inaction by either agency official to the next highest officer in the chain of command above both agency officials. Your appeal must be submitted as provided for in §§ 2.602 and 2.603. The official will respond as provided for in § 2.604.
(a) Yes. If a reviewing official fails to take action on the appeal within the timeframes established in § 2.505, any interested party may appeal the reviewing official's inaction as provided for in this subpart.
(b) Inaction by the IBIA or by the AS-IA is not subject to appeal under this part.
If you exhaust all the provisions of this subpart and the Department has still not taken action on your request, the Department's inaction may be subject to judicial review pursuant to 5 U.S.C. 706(1).