All appeals from decisions of the Enrollment Committee or Tribal
Council shall be heard by the Tribal Court.
Any person, including the parent or legal guardian of a minor
or incompetent, who has been rejected for enrollment by either the
Enrollment Committee or the Tribal Council, or who is subject to disenrollment,
has a right to appeal the decision of the Tribal Council to the Tribal
Court.
A.
The applicant appealing a decision of the Enrollment Committee or
the Tribal Council denying his/her application for enrollment shall
have the burden of proof on appeal.
All appeals shall be made in writing to the Tribal Court. An
applicant shall have sixty (60) calendar days from the date of the
decision to file an appeal with the Tribal Court.
An applicant shall be granted a thirty-day extension to file his/her appeal if a written request for an extension is filed with the Tribal Court within the sixty-day period described in § 2.1-27.
The Tribal Court shall permit all parties to examine records
submitted on appeal and to provide briefs, or responses to briefs,
or other explanatory memorandum.
A.
The Tribal Court shall have jurisdiction to decide:
(1)
To uphold the decision of the Tribal Council or Enrollment Committee;
or
(2)
To remand the matter to the Tribal Council or Enrollment Committee,
as appropriate, for further proceedings if the Tribal Court determines
that the Enrollment Committee or the Tribal Council incorrectly interpreted
or applied this chapter, the Constitution, or the any regulations
of the Enrollment Committee or that the decision of the Enrollment
Committee or Tribal Council was clearly erroneous.
B.
The Court shall issue a written order with its decision within ninety
(90) days of receipt of all the briefings filed and requested. The
Court shall provide a copy of its order to the parties and the Enrollment
Office.
C.
The Enrollment Office shall maintain a copy of the Court's order
in the files to which it pertains.
