6.10.530 Tribal dispute process.
(A) Notice. Within fourteen (14) days following receipt of notice from a claimant, alleging employment discrimination, the Tribe shall provide notice that the claimant is required within one hundred eighty (180) days to first exhaust the Tribal dispute process as set forth in this section. Claimant shall be informed that failure to exhaust the Tribal dispute process will result in the claimant’s forfeiture of further rights to pursue a claim under this article. Such notice shall be delivered via personal service or certified mail, return receipt requested.
(B) Presentation and Contents of the Claim. A claimant or his or her legal representative must file a written claim presenting all material facts relating to the alleged incident and injury. At a minimum, the written claim must contain the following:
(1) The name, mailing address, and telephone number of the claimant and the claimant’s attorney, if any.
(2) The date, location, and detailed account of the alleged incident or occurrence that gave rise to the claim.
(3) The identity or description of all persons known to claimant or believed by claimant to be involved in the incident or occurrence that gave rise to the claim.
(4) The identity or description of all persons known to claimant or believed by claimant to be witnesses to the incident or occurrence that gave rise to the claim.
(5) A description of the nature of the alleged damage or injury suffered and the compensation requested as of the date of presentation of the claim.
(6) Copies of all supporting documentation in the possession or control of claimant or his or her attorneys relating to the claim, including but not limited to medical records and reports, investigative reports, witness statements, contracts, photographs, and police and incident reports.
(7) The claim must be signed by the claimant under penalty of perjury. If the claimant is unable to sign the claim because of physical or mental incapacity, the claim must be signed under penalty of perjury by another person with personal knowledge of the contents of the claim.
(C) Time Limits on Filing Claim. To be timely submitted, the claim must be received by the Claims Administrator no later than one hundred eighty (180) calendar days after the date of receipt of the written notice provided pursuant to subsection (A) of this section. If the one-hundred-eightieth day falls on a Saturday, Sunday, or officially recognized federal or Tribal holiday, the deadline shall be deemed to be the next business day. This time limit is jurisdictional and shall be strictly construed to preclude late-filed claims.
(D) Burden of Proof. The claimant bears the burden of providing sufficient information and documentation to prove by a preponderance of evidence both that the Tribe is liable for the claimant’s injuries and the compensation due, in accordance with this article. [Res. 18-R-039 § 6, 4/10/2018.]