APPLICATION OF THE
Yurok Tribe (Yurok) submitted a request for a hearing in order to appeal a decision by the
Secretary not to include Yurok among the 25 applicants selected in a competitive grant process
for the award of a grant under the Indian Vocational Education Program. 34 C.F.R.
§ 401.23(1996). Yurok's application was one of 80 applications reviewed, evaluated, and rated.
Upon the receipt of the request for a hearing, the Office of Administrative Law Judges issued an
Order Governing Proceedings which required the Assistant Secretary for Vocational and Adult
Education (Assistant Secretary) to produce, inter alia, the comments by the readers who
evaluated Yurok's application, Yurok's rating, and the ratings of the successful applicants.
Thereafter, the Order Governing Proceedings required Yurok to submit on or before February 11,
1997, a memorandum which addressed its complaints regarding its evaluation.
Yurok did not submit its memorandum. One week later, the Assistant Secretary filed a Motion
to Dismiss for Yurok's failure to prosecute its case and, in the alternative, requested a summary
ruling upholding the Secretary's denial of funding to Yurok.
In light of the Assistant Secretary's motion, the tribunal issued a Show Cause Order on February
20, 1997, which required Yurok to explain its reasons for missing the due date for its
memorandum and required Yurok to submit its memorandum. This response was due by
February 25, 1997.
Inasmuch as Yurok has not complied with the Show Cause Order, it is HEREBY ORDERED
that its request for a hearing is dismissed with prejudice.
Issued: February 28, 1997
1034 Sixth Street
Eureka, California 95501
Daphna Crotty, Esq.
Office of the General Counsel
United States Department of Education
600 Independence Avenue, S.W.
FOB-10B, Room 5442
Washington, D.C. 20202-2110