Note: This regulation was repealed prior to 1990 and is not currently in force. It is provided as a matter of historical interest.
(a) Where it appears to the Coordinator, based upon review of records within the office of the Area Director and the office of the Enrollment Coordinator, or based upon information otherwise available to him, that a person who has been placed on the roll of Alaska Natives may be ineligible under the provisions of section 5, Alaska Native Claims Settlement Act and this part for inclusion on the roll, the Coordinator shall cause to be made such investigation as is necessary to determine whether the person is eligible to be on the roll of Alaska Natives.
(b) Where the Coordinator concludes that the enrollment of a person as an Alaska Native was improper under the provisions of section 5, Alaska Native Claims Settlement Act and this part he shall initiate a contest by filing a complaint with the Office of Hearings and Appeals, 4015 Wilson Boulevard, Arlington, Virginia 22203. The procedures governing disenrollment contests are contained in 43 CFR, Part 4, Subpart K.
(c) With respect to any enrollment pursuant to section 5 of the Alaska Native Claims Settlement Act of 1971, Pub. L. 92-203, no contest may be initiated by the Coordinator after July 31, 1977. With respect to any enrollment pursuant to the Alaska Native Claims Settlement as amended on January 2, 1976 (Pub. L. 94-204), to provide for the late enrollment of certain Natives, no contest may be initiated by the Coordinator after January 2, 1978.
(d) All disenrollment contests which have been filed, pursuant to this part as of the date of promulgation of these regulations shall be reviewed by the Coordinator together with the Regional Solicitor.
(e) Following the review of disenrollment contests prescribed by § 69.15(d), the Coordinator and the Regional Solicitor shall continue to contest an individual’s enrollment only where the complaint already filed states one of the following as grounds for that individual’s disenrollment: That such person died before or was born after December 18, 1971, or was enrolled in the Metlakatla Indian Community as of April 1, 1970, or has no Native ancestry, or is not a United States citizen either by birth or naturalization. Except that, if the complaint states “less than 1/4 Native blood” as the grounds for disenrollment, but the contestee in fact, has no Native ancestry, the contest may be resumed and the complaint amended to read “no Native ancestry” as the ground for disenrollment. Furthermore, if the grounds currently state or other information included on the face of the complaint and the statement of reasons attached thereto clearly indicate that a person has been incorrectly placed on the roll as a result of that person’s fraudulent conduct (within the meaning of 18 U.S.C. 1001), the contest may be resumed and the complaint amended to state fraudulent conduct as the grounds for disenrollment.
(f) The Coordinator and the Regional Solicitor shall proceed immediately to withdraw or dismiss all other pending enrollment complaints with notices to all parties, except that any contestee who original enrollment was protested by a regional or village corporation at the time of the contestee’s enrollment shall provide to the Coordinator an affidavit from the protesting corporation as to the contestee’s eligibility before the Coordinator shall withdraw the complaint against such persons. The Coordinator shall immediately notify all such contestee who were originally protested by a village or regional corporation, that they must provide such an affidavit by October 1, 1978, or the disenrollment contest against them will be resumed, regardless of whether the grounds fall within those specified in paragraph (e) of this section.
(g) In any case where the Coordinator and the Regional Solicitor resumes a disenrollment contest by amending the complaint to state no Native ancestry or fraudulent conduct as the grounds, and where a hearing was already held on the original disenrollment compliant, the Administrative Law Judge may order a second hearing if he or she feels such hearing is necessary to acquire better evidence on the amended grounds for disenrollment.
(i) For purposes of § 69.15(e) the Coordinator and Regional Solicitor shall proceed against an individual on grounds that he is not a United States citizen only after they have investigated and satisfied themselves that the contestee has not been naturalized in any state and that the contestee is not a United States citizen by birth or in accordance with the appropriate immigration and naturalization laws. A prior ruling by the Regional Solicitor that an individual was a United States citizen shall be conclusive and the disenrollment complaint shall be dismissed or withdraw immediately.