[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR67.9]



[Page 249-250]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 67_PREPARATION OF A ROLL OF INDEPENDENT SEMINOLE INDIANS OF FLORIDA

--Table of Contents

 

Sec.  67.9  Action by Superintendent.



    (a) The Superintendent shall notify each individual applicant or 

sponsor, as



[[Page 250]]



applicable, upon receipt of an application. The Superintendent shall 

consider each application and all documentation. Upon determining an 

individual's eligibility, the Superintendent shall notify the 

individual; the parent or guardian having legal custody of a minor or 

incompetent adult; or the sponsor, as applicable.

    (1) Written notification of the Superintendent's decision shall be 

sent to the applicant by certified mail, for receipt by the addressee 

only, return receipt requested.

    (2) If a decision by the Superintendent is sent out of the United 

States, registered mail will be used. If a certified or registered 

notice is returned as ``Unclaimed,'' the Superintendent shall remail the 

notice by regular mail together with an acknowledgment of receipt form 

to be completed by the addressee and returned to the Superintendent. If 

the acknowledgment of receipt is not returned, computation of the period 

specified for changes in election and for appeals shall begin on the 

date the notice was remailed. A certified or registered notice returned 

for any reason other than ``Unclaimed'' need not be remailed.

    (3) If an individual files an application on behalf of more than one 

person, one notice of eligibility or adverse action may be addressed to 

the person who filed the applications. However, the notice must list the 

name of each person to whom the notice is applicable. Where an 

individual is represented by a sponsor, notification to the sponsor of 

eligibility or adverse action shall be considered notification to the 

individual.

    (b) On the basis of an applicant's election with regard to whether 

he or she wishes to share in the per capita payment, the 

Superintendent's decision shall also state whether the applicant's name 

will be included on the per capita payment roll. If no election has been 

made by the applicant, parent, or legal guardian on the application 

form, the individual applicant's name will not be included on the per 

capita payment roll.

    (1) The eligible individual will have 30 days from notification of 

his or her eligibility in which to request a change in the election of 

whether to share in the per capita payment. Computation of the 30-day 

period will be in accordance with Sec.  67.9(a)(2) and Sec.  67.9(d). 

Upon written request received within the 30-day period, to avoid 

hardship or gross injustice, the Superintendent may grant an applicant 

additional time, not to exceed 30 days, in which to submit a request for 

a change in election.

    (2) A change in the election of whether to share in the per capita 

payment can only be made by competent adult applicants; by the legal 

guardian of an incompetent adult; or, in the case of a minor, by the 

minor's parent or legal guardian.

    (c) If the Superintendent determines that an applicant is not 

eligible for enrollment as an Independent Seminole Indian of Florida, 

the Superintendent shall notify the applicant of the decision and shall 

fully explain the reasons for the adverse action and explain the 

rejected applicant's right to appeal to the Area Director. The decision 

of the Area Director shall be final and conclusive.

    (d) Except as provided in paragraph (a)(2) of this section, a notice 

of adverse action concerning an individual's enrollment eligibility or 

the inclusion or exclusion of an individual's name on the per capita 

payment roll is considered to have been made, and computation of the 

period for appeal shall begin on the earliest of the following dates:

    (1) Delivery date indicated on the return receipt;

    (2) Date of acknowledgment of receipt;

    (3) Date of personal delivery; or

    (4) Date of return by the post office of an undelivered certified or 

registered letter.

    (e) To avoid hardship or gross injustice, the Area Director or the 

Superintendent may waive technical deficiencies in application forms or 

other submittals. Failure to file by the deadline date does not 

constitute a technical deficiency.