(1) A person requesting a hearing (“petitioner”) shall have a hearing scheduled by the tribal court within 30 days from the tribal court’s receipt of the request for hearing form.

(2) The tribal court shall mail the written notice of hearing via certified mail to the address listed on the request for hearing form. The notice of hearing shall state the date, time and place of hearing and shall be served at least 15 days prior to the date of the hearing.

(3) The tribal court shall provide the written notice of hearing to the Robinson Rancheria tribal police department or to an officer. The notice of hearing shall include as an attachment a copy of the petitioner’s completed request for hearing form.

(4) If the Robinson Rancheria tribal police department or an officer submits an additional written report concerning the citation to the tribal court for consideration at the hearing, then a copy of the report also shall be served via certified mail to the address listed on the request for hearing form on the petitioner at least five days prior to the date of the hearing.

(5) The petitioner or the Robinson Rancheria tribal police department or an officer may request one continuance for any reason, provided that tribal court is given the request for a continuance at least 48 hours in advance of the scheduled hearing and that the deferred hearing shall not be deferred more than 45 days after the hearing request was filed. A request for continuance made less than 48 hours before the scheduled hearing may be granted by the tribal court judge based upon a showing of good cause.

(6) All hearings shall be closed to the public unless an officer and the tribal court agree that the hearing will be open. At the hearing, the petitioner shall be given the opportunity to testify and to present evidence and cross-examine witnesses concerning the citation. The petitioner may appear personally or through an attorney. Prehearing discovery is not authorized, but subpoenaing of witnesses and documents shall be permitted as authorized by tribal law or the tribal court’s rules of court. The tribal court is authorized to conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing with sufficient due process protections for the petitioner.

(7) The citation and any additional report submitted by an officer shall constitute presumptive evidence of the respective facts contained in those documents.

(8) The tribal court may continue the hearing and request additional information from an officer or the petitioner prior to issuing a written decision. [Ord. 12-15-2021A § 2.10, 2021.]