C.F.R. » Title 42 » CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER M—INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 137—TRIBAL SELF-GOVERNANCE › Subpart H—Final Offer

42 C.F.R. § 137.136

What happens if the agency takes no action within the 45 day review period (or any extensions thereof)?

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The final offer is accepted automatically by operation of law.

Notes of Decisions
Cited in 2 cases, 2014–2014 · leading case: Maniilaq Ass'n v. Sebelius, 72 F. Supp. 3d 227 (D.D.C. 2014).
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Maniilaq Ass'n v. Sebelius, 72 F. Supp. 3d 227 (D.D.C. 2014). · cites it 3× “The title of 42 C.F.R. § 137.136 poses the following question: “What happens if the agency takes no action within the 45 day review period (or any extensions thereof)?” The answer is simple: “The final offer is accepted automatically by operation of law.”
Maniilaq Ass'n v. Sebelius (D.D.C. 2014). “” 42 C.F.R. § 137.136 . There is no room in the unambiguous language for the Court to give an agency another chance to review a final offer after the statutory period has lapsed.”
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