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§ 900.164 - What rights do Indian tribes, tribal organizations, and the government have during the appeal process?

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Both the Indian tribe or tribal organization and the government agency have the same rights during the appeal process. These rights include the right to:

Be represented by legal counsel;

Have the parties provide witnesses who have knowledge of the relevant issues, including specific witnesses with that knowledge, who are requested by either party;

Cross-examine witnesses;

Introduce oral or documentary evidence, or both;

Require that oral testimony be under oath;

Receive a copy of the transcript of the hearing, and copies of all documentary evidence which is introduced at the hearing;

Compel the presence of witnesses, or the production of documents, or both, by subpoena at hearings or at depositions;

Take depositions, to request the production of documents, to serve interrogatories on other parties, and to request admissions; and

Any other procedural rights under the Administrative Procedure Act, 5 U.S.C. 556.

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