25 U.S.C. § 5398 — Appeals
U.S.C. Title 25 - INDIANS 25 U.S.C. United States Code, 2023 Edition Title 25 - INDIANS CHAPTER 46 - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE SUBCHAPTER V - TRIBAL SELF-GOVERNANCE-INDIAN HEALTH SERVICE Sec. 5398 - Appeals From the U.S. Government Publishing Office, www.gpo.gov
§5398. Appeals
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.
(Pub. L. 93–638, title V, §518, as added Pub. L. 106–260, §4, Aug. 18, 2000, 114 Stat. 730.)
Editorial Notes
Codification Section was formerly classified to section 458aaa–17 of this title prior to editorial reclassification and renumbering as this section.