25 U.S.C. § 5398 — Appeals
submitted 26 years ago by Pub. L. 93-638 to r/title-25-INDIANS · 55 words · no verdicts yet
In an appeal, including a civil action, about a Secretary decision under this subchapter, the Secretary must prove two things by clear and convincing evidence.
In any appeal, including a civil action, involving a Secretary* decision under this subchapter, the Secretary has the burden of proving by clear and convincing evidence: (1) that the decision’s grounds are valid; and (2) that the decision fully follows this subchapter’s provisions and policies.
In any appeal (including civil actions) involving decisions made by the Secretary* under this subchapter, the Secretary shall have the burden of proof of demonstrating by clear and convincing evidence—
the validity of the grounds for the decision made; and
that the decision is fully consistent with provisions and policies of this subchapter.
Source credit: (Pub. L. 93–638, title V, § 518, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.)
- 2000Enacted · Pub. L. 93-638 · 114 Stat. 730
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-638 on 2000-08-18.
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