Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Law

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Turtle Mountain Band of Chippewa Indians Tribal Code.

43.04.040 Hearings and Appeals

(a) The Commission shall hold a hearing on the proposed revocation or suspension of a License. The Licensee shall be notified by the Commission of the time and place for the hearing.

(b) Upon timely submission of a hearing request related to: (a) a violation alleged in a Notice of Violations; or (b) civil fines proposed by the Commission, the Commission shall set the matter for hearing no later than 30 business days and no sooner than 3 business days after receipt of the petition. Within 90 days after the hearing, the Commission shall issue its final decision and shall issue and serve upon each party to the proceeding an order or orders consistent with the provisions of this section. Review of any such order shall be exclusively by binding arbitration.

(c) The petition shall specifically set forth the reasons for the hearing; the petitioner's requested relief, and a brief statement of facts and law in support of the petitioner's position. The petition may request that the entirety of the hearing be done on the papers.

(d) Any Licensee aggrieved by a decision or action taken by the Commission after notice and opportunity for hearing may petition the Commission for reconsideration. The reconsideration petition must be filed with the Commission no later than 30 business days after the Commission's decision or action. The Commission may, upon establishing that it has jurisdiction, affirm, modify, reverse, and/or vacate the Commission's prior order. Unless determined upon a motion, the petition for reconsideration does not stay the order.

Original url: /us/nsn/tmchippewa/council/code/43.04.040

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