32.07.050 Hearing Procedure

Hearing before the Commission shall be governed by the following rules of procedure:

(a) All parties may present testimony of witnesses and other evidence and may be represented by counsel at their own expense.

(b) The Commission shall be responsible for taping the proceedings and preserving such tapes and all pleading and physical evidence submitted at the hearing. These items shall constitute the record on appeal if any appeal should be taken after the hearing.

(c) The Commission may have the advice and assistance at the hearing of general counsel for the Tribe.

(d) The Chairman of the Commission or the Vice Chairman may preside. No formal rules of evidence of procedure need to be followed, but the Commission shall proceed to ascertain the facts in a reasonable and orderly fashion.

(e) Any matter to be proven must be proven to the satisfaction of the Commission or by the preponderance of the evidence.

(f) The hearing may be continued at the discretion of the Commission or Director.

(g) At the final close of the hearing, the Commission may take immediate action or take the matter under advisement.

(h) The Commission or Director shall notify all parties within 30 days after its decision in the matter.

(i) The Commission may require the presence of persons and documents at the hearing by service of subpoena(s) issued by the Commission.

(j) Any party leaving a scheduled meeting will be subject to entry of an adverse finding by default, unless authorized by the Commission.

(k) Any party not appearing for a scheduled meeting will be subject to an adverse finding by default unless prior written approval must be submitted in writing to the Director.

(l) Complaints must be filed within 30 days of incident with the TERO Office otherwise complaint will not be processed.