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The business council shall issue orders under RRTC 1.15.020, using the following procedure:

(1) Notice of Violation. Whenever the business council has reason to believe that a person is subject to an order under RRTC 1.15.020 for any of the reasons stated in RRTC 1.15.020, it shall issue a notice (“notice to show cause”) to that person (“the defendant”). The notice to show cause shall contain all of the following:

(a) The date, time, and location of the hearing.

(b) The ground or grounds upon which the business council relies in excluding the defendant from the reservation, including, as attachments, any documents, records or applicable tribal laws and regulations.

(c) A statement that the defendant has the right to examine any documents, records or regulations related to his or her exclusion from the reservation which are not attached to the notice, if he or she identifies the documents and requests to inspect them, at least, five days prior to the scheduled hearing time.

(d) A statement that the defendant is entitled to be represented at the hearing by another person of his or her choice, including an attorney at law; provided, however, that the defendant must bear all the costs of his or her representation.

(e) A statement that the business council must present the evidence, including witnesses and documents, it relied upon in issuing the notice to show cause.

(f) The defendant is entitled to ask questions of any witnesses who testify at the hearing and to present evidence and make statements on his or her behalf.

(g) The business council, or a hearing officer appointed by the tribal council to conduct the hearing, will issue a written recommended decision which may be adopted, modified or reversed by the business council. If the business council modifies or reverses the hearing officer’s decision, it may conduct a further hearing or rely on the facts found by the hearing officer. The decision of the business council shall be final.

(2) Service of the Notice. The notice to show cause shall be personally served. Any person over the age of 18 may serve the notice by handing it to the defendant. Thereafter, the person serving the notice shall complete a declaration of personal service under penalty of perjury in the form and containing the information set forth in Form 0.1 attached hereto and incorporated herein and shall file it with the secretary of the business council prior to the hearing.

(3) Hearing on the Notice to Show Cause.

(a) Hearing. The hearing on the notice to show cause shall be held before the business council or an impartial hearing officer appointed by the business council.

(i) If the business council conducts the hearing, the hearing on the notice to show cause shall be conducted at a regular or special meeting of the business council at which a quorum is present. The hearing shall be conducted informally and in confidence, excluding the general public, except for witnesses called by the defendant or the business council and the defendant’s representative, if any. The defendant must provide the business council with a mailing address as part of the hearing process. All action shall be taken based on an affirmative vote of the majority of those council members present.

(ii) If a hearing officer is appointed, he or she should be trained to conduct hearings and prepare written decisions after hearing. The hearing officer must not have had any involvement in the decision to issue the notice to show cause to exclude the defendant from the reservation. The hearing officer shall issue written recommended decisions which make findings of fact and set forth the legal and factual basis for his or her recommended decision. The hearing officer shall immediately transmit his or her recommended decision to the business council.

(iii) If the business council uses a hearing officer, it shall adopt, modify or reverse the hearing officer’s decision within seven days after it receives it. The recommended decision shall be sent to the defendant as the business council’s final decision, if it adopts the decision as proposed or fails to act within the said seven days. If the business council determines to modify or reverse the decision, it may adopt the findings of fact proposed by the hearing officer or it may conduct such further hearings in the matter as it deems necessary or appropriate. If it conducts a further hearing, it shall provide the defendant not less than seven days prior written notice of the date, time and place of the hearings. Where a hearing officer is use to conduct the hearing, the business council shall serve its final written decision on the defendant by mail.

(iv) The hearing shall be conducted informally and the technical rules of evidence shall not apply, but the business council or hearing officer may exclude evidence that is inherently unreliable, irrelevant or unduly prejudicial. All witnesses shall swear or affirm to tell the truth before testifying. The business council or hearing officer, if one is appointed, shall conduct the hearing in accordance with this subsection (3)(a), the rules set forth in subsection (3)(b) of this section and any additional procedures adopted that are not inconsistent with these rules and which in the sole discretion of the business council, promote the fair and efficient resolution of the dispute.

(v) If the defendant fails to appear at the hearing, the business council or hearing officer may continue the hearing for not more than five days or determine that the defendant has waived his or her right to a hearing. The business council or hearing officer shall provide timely notice of his or her decision to the defendant.

(vi) At the hearing, the defendant must first make a showing that he or she should not be excluded from the reservation for the reasons stated in the notice of hearing. A representative appointed by the business council shall present evidence supporting the order of exclusion.

(vii) The business council or hearing officer must base its decision on the evidence presented during the hearing and applicable tribal law.

(viii) After the defendant has presented his/her case, the business council, if the business council conducts the hearing, may deliberate in closed or executive session. It may announce its decision with the defendant present or my take the matter under submission. After the business council has made its decision, it shall serve the defendant with a copy of the decision and, if the decision is to exclude the defendant from all or a part of the reservation, either permanently or for a specified period of time, with an exclusion order in the form and containing the statements set forth in Form 0.2, which is attached hereto and incorporated herein. The business council may issue the order contained in Form 0.2, if the defendant fails to appear at the hearing. The business council shall mail the order to the defendant by certified mail return receipt requested, if he/she has a mailing address for him or her. If not, the business council shall be required to give only the notice provided in RRTC 1.15.050.

(ix) If the notice to show cause is discharged after hearing, subject to conditions, the order of exclusion shall be automatically reinstated if the defendant violates any condition. Notice of reinstatement may be given by mail to the address provided by the defendant. The order of exclusion shall become effective immediately if the defendant is present at the hearing when the business council announces its decision or if the defendant did not attend the hearing, 24 hours after it is mailed.

(b) Rights of the Defendant. The party requesting the hearing shall have the following rights:

(i) The opportunity prior to the hearing to examine and copy, at his or her expense, any records, documents or regulations that relate to the decision, which he or she identifies with reasonable specificity at least five days prior to the hearing.

(ii) The right to be represented, at his or her own expense, by a person of his or her choice.

(iii) The right to exclude from the hearing any person, other than the hearing officer and his or her assistants, who is not testifying or presenting evidence in support of the decision.

(iv) The right to present witnesses or documents and to make arguments in support of his or her position, and to question all witnesses testifying at the hearing. [Ord. 2010-08-01 § 2(9.6.030), 2009.]