An applicant may request reconsideration by the Tribal Council of a decision to: (a) deny a permit, or (b) impose conditions on a permit. Reconsideration is granted at the discretion of the Tribal Council.
(Res. 04-A-053 6/8/2004)
Any request for reconsideration under section 24.05.01 must be filed no later than fifteen (15) calendar days from the date the permit was approved or denied. The request for reconsideration shall be made in writing, and shall be delivered personally or by mail, to the Administrative Director of the Tribe and the Planning Director.
(Res. 04-A-053 6/8/2004)
The request for reconsideration shall contain a brief description of the proposed project, the date on which the decision was rendered, the specific reasons for the request for reconsideration, and what outcome the applicant is asking for. The request shall list the names and addresses of any persons the applicant intends to call as witnesses in the hearing. The applicant shall include a telephone number and address where he or she can be reached for notices.
(Res. 04-A-053 6/8/2004)
The Tribal Council may schedule a hearing no fewer than seven (7) and no more than forty (40) calendar days from the date it receives a timely request for reconsideration, unless the applicant requesting the hearing and the Committee agree otherwise. The Tribal Council shall cause a notice of hearing to be mailed or delivered to the person.
(Res. 04-A-053 6/8/2004)
If the Tribal Council requests a hearing, the applicant requesting reconsideration shall appear personally before the Tribal Council and state why and how the decision should be changed. The Tribal Council may hear the testimony of witnesses on both sides of the issue who have reliable information relevant to the reconsideration. The hearing shall be tape recorded where practicable. The Tribal Council, in its discretion, may conduct the hearing by telephone.
(Res. 04-A-053 6/8/2004)
The Tribal Council may affirm, reverse, or modify the decision being considered. If the applicant fails to appear at the reconsideration hearing or participate in the discretionary telephonic hearing, the decision may be automatically affirmed.
(Res. 04-A-053 6/8/2004)