2.05.150 Hearings, remands and appeals.
(A) Notice. When an applicant or participant requests a hearing by the Committee or the Committee sets a matter for a hearing, the applicant or participant shall be given written notice of the hearing by certified mail, not less than thirty (30) days before the hearing. The notice shall contain the reason for the hearing, describe evidence to be presented, and shall advise the applicant or participant that he or she has the right to be represented by counsel at his or her own expense and to present witnesses and other evidence and that the Committee may be represented by counsel for the Tribe.
(B) Committee Hearing Procedure. An applicant or participant wishing a hearing must request one in writing within thirty (30) days after being notified of the Committee’s recommendation to deny an application. The applicant or participant may present witnesses and other evidence and be represented by counsel at his own expense. The hearing will be presided over by the Chairman or Vice-Chairman of the Committee. The applicant may be advised by counsel at the hearing. Formal rules of evidence need not be followed, but the burden of proof remains with the petitioner. At the end of the hearing, the Committee may make an immediate decision or take the matter under advisement for up to thirty (30) days before making a decision. The Committee shall notify the applicant or participant thirty (30) days prior to making its recommendation to the Council.
(C) Grounds for Appeal. The only grounds for appeal of a Council decision on enrollment, blood degree correction or disenrollment shall be that the decision of the Council is not supported by the facts or that the Council or the Committee violated the Constitution of the Karuk Tribe or this chapter.
(D) Standing to Appeal. Only an applicant or sponsor shall have standing to appeal a Council decision.
(E) Appellate Procedure. A request for appellate review by the Tribal Council shall be typewritten and shall state the grounds for appeal (subsection (D) of this section), and a brief statement of the point or points of contention maintained by the appellant.
(F) Timely Submission. The request for appellate review shall be filed with the Committee no later than thirty (30) days after the Council gave notice of its decision pursuant to KTC 2.05.100(F).
(1) Appellate Review. Upon receipt by the Committee of a request for appellate review, the Committee shall, within ten (10) days, transmit the appellant’s complete record to the Tribal Council.
(2) Appellate Review Hearing. The Tribal Council shall, within sixty (60) days of receiving the request for appellate review, unless the Council determines there exists good cause for postponing the hearing, conduct a hearing on the request in closed session. Notice of the hearing shall be given by the Committee. The appellant may present witnesses and other evidence and may be represented by counsel at his own expense. The hearing will be presided over by the Chairman or Council Vice-Chairman. Both the Tribal Council and the Enrollment Committee may be represented by counsel at the hearing. Formal rules of evidence need not be followed, but the burden of proof remains on the appellant, except in disenrollment proceedings where the burden of proof remains with the petitioner. The Council shall render its decision within sixty (60) days of the hearing. The Council shall notify appellant of its decision by certified mail. The Council’s decision on appeal shall be final.
(3) Notice of Hearing on Appeal. The Tribal Council shall direct the Enrollment Committee to send out notice to the appellant that a hearing is scheduled stating the time and place that the hearing will be heard. The written notice shall:
(a) Fix date, time and place hearing will be held.
(b) Inform appellant of his/her right to appear and present argument in support of his/her position, and that appellant may be represented by counsel at appellant’s expense.
(c) Inform appellant of his/her right to attend the Tribal Council session. They may also be directed by the Tribal Council to attend. [Res. 16-R-118 Art. XV, 7/14/2016.]