Title 25 — IndiansRelease 119-73not60

§5398 Appeals

Title 25 › Chapter 46— INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE › Subchapter V— TRIBAL SELF-GOVERNANCE—INDIAN HEALTH SERVICE › § 5398

Last updated Apr 5, 2026|Official source

Summary

In appeals, the Secretary must prove with strong, convincing proof: (1) the decision had valid reasons; and (2) the decision follows this subchapter’s rules and policies.

Full Legal Text

Title 25, §5398

Indians — Source: USLM XML via OLRC

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—

(1)the validity of the grounds for the decision made; and

(2)that the decision is fully consistent with provisions and policies of this subchapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 458aaa–17 of this title prior to editorial reclassification and renumbering as this section.

Reference

Citations & Metadata

Citation

25 U.S.C. § 5398

Title 25 — Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60