42 CFR § 137.430 - What is the Secretary's burden of proof for appeals covered by § 137.415?

---
identifier: "/us/cfr/t42/s137.430"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 137.430 - What is the Secretary's burden of proof for appeals covered by § 137.415?"
title_number: 42
title_name: "Public Health"
section_number: "137.430"
section_name: "What is the Secretary's burden of proof for appeals covered by § 137.415?"
chapter_name: "PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "M"
subchapter_name: "INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
part_number: "137"
part_name: "TRIBAL SELF-GOVERNANCE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 458"
regulatory_source: "67 FR 35342, May 17, 2002, unless otherwise noted."
cfr_part: "137"
---


# 137.430 What is the Secretary's burden of proof for appeals covered by § 137.415?

As required by section 518 of the Act [25 U.S.C. 458aaa-17], the Secretary must demonstrate 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 the Act.