[History: Tribal Act #88-654, enacted by Tribal Council on
November 19, 1988, and amended by Tribal Act #11-29.2323, enacted
by Tribal Council in Special Session on November 30, 2012.]
If a Tribal member or parents/legal guardian of a Tribal member
feels that he or she has been treated unfairly in his or her application
for services or in dealings with the governmental services, the following
procedures may be followed:
(a) Fill out the Due Process Complaint Form, stating problem as clearly
and concisely as possible, sign, date and include your Tribal Identification
Number.
(b) Deliver form to the Tribal Governmental Center either by mail or
in person; attention: Tribal Manager.
(c) Within two to five business days of the Tribal Manager receiving
the completed due process, a letter acknowledging the receipt of the
due process will be sent to the Tribal member and the due process
will be forwarded to the department with whom the due process has
been filed against. In some instances it may be necessary for the
Tribal member to complete a release of information to allow the parties
involved to resolve the due process.
(d) The department will have 10 business days to respond to the Tribal
Manager's office regarding the due process.
(e) The department response, with a cover letter from the Tribal Manager
will be sent to the Tribal member within two business days of receiving
the department response.
(f) If a Tribal member is not satisfied with the department response,
he or she must contact the Tribal Manager's office within 10
business days from the date of the response letter. If no response
is received by the Tribal Manager's office within 10 business
days, the Tribal Manager will consider the due process matter closed
and a letter to that effect will be sent to the Tribal member.
(g) If the Tribal member is not satisfied with the department response,
upon notification of the dissatisfaction, the Tribal Manager's
office will set up a date to meet with the Tribal member to review
the response, upon the earliest convenience of the Tribal member.
If the due process matter is not resolved at the meeting with the
Tribal member and the Tribal Manager, the Tribal Manager will set
up a meeting between the Tribal member and the Tribal Council at the
next regular or special session.
(h) The Tribal Council will issue a finding on the issue and notify the
Tribal member or parent/legal guardian of the Tribal member of their
findings. The decision of the Tribal Council will be final unless
otherwise provided for by regulation. Appeals may be made through
the Tribal Court system and/or through the appeals process regulated
within the Grant or Contract regulations involved in the dispute.