Ala. Admin. Code r. 475-X-3-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 475-X-3-.01 - Procedure For Recognition

(1) Petitioner shall submit to the Alabama Indian Affairs Commission a petition requesting state recognition which contains the information described below. The petition must indicate the type of recognition sought as specified in Rule No. 475-X-3-.02 of these regulations.

(2) A decision in favor of recognition must be rendered by a simple majority of the commission members. The time period in which the commission may research and verify the petition shall not exceed one (1) year from the date upon which all evidence required from the petitioner is delivered to the office of the commission.

(3) A decision of denial may be timely appealed. Such appeal for reconsideration must be made not later than 30 days from the date of the commission decision. The request for reconsideration shall specify one of the following categories:

(a) Appeal with New and/or Additional Evidence:

1. Petitioner shall prepare an appeal of petition which presents new or additional evidence not previously presented to the commission for consideration. Petitioner shall have 90 days from the date of the request for reconsideration within which to submit said new or additional evidence.

(b) Appeal without New and/or Additional Evidence:

1. Petitioner shall prepare an appeal of petition stating specifically why the commission should reconsider its decision. Petitioner shall have 30 days from the date of request for reconsideration to present its case for reconsideration.

(c) In either of the above situations, the petitioner appellant must be afforded a hearing within 60 days of receipt of such documentation as stated in (a) and (b) above. The commission shall thereafter render its decision not more than twelve (12) months from the date of such hearing.

(d) All notices called for shall be in writing by certified or registered mail.

Authors: Criteria Committee Draft modified and adopted by Alabama Indian Affairs Commission.

Ala. Admin. Code r. 475-X-3-.01

Filed April 5, 1985.

Statutory Authority:Code of Ala. 1975, § 41-9-702.