(a) An applicant for designation as a Native American grantee which
is refused such designation in whole or in part may file a Petition for
Reconsideration with the Grant Officer within 14 days of receipt of a
letter from the Department indicating its failure to be
designated as a Native American grantee.
(1) A Petition for Reconsideration shall be in writing, shall be
signed by a responsible official of the applicant entity, and shall
enumerate the factors which the applicant entity asserts should be
reviewed by the Grant Officer in reconsidering the denial of its
application.
(2) Upon receipt of the Petition for Reconsideration, the Grant
Officer shall, within 30 days, make one of the following determinations:
(i) That based on the available information from the original
request for designation and information supplied in the Petition for
Reconsideration, the applicant entity should be designated as a Native
American grantee;
(ii) That the original determination made was correct; or
(iii) That an informal conference between representatives of the
applicant entity and the Grant Officer shall be held at a specified time
and place to discuss the Petition for Reconsideration.
(3) If an informal conference is held, the applicant entity shall
have the opportunity to present any pertinent information which may
further substantiate its petition. The Grant Officer shall notify the
applicant entity of its final decision within 14 days after the informal
conference is held.
(4) All final determinations of the Grant Officer, which deny a
Petition for Reconsideration, shall be in writing, shall state the
reasons for the denial, shall be sent to the applicant by certified
mail, return receipt requested, and shall notify the applicant entity
that, within 21 days of its receipt of the notice, it may request a
hearing pursuant to part 636.
(b) A designated Native American grantee whose CAP has been rejected
may file a Petition for Reconsideration pursuant to paragraph (a) of
this section. Such petitions shall be handled under the procedures
described in paragraph (a) of this section.
