25.06.090 Hearing Procedures

(a) The Chairman will preside over all hearings, call the proceedings to order, control the presentation of evidence, the appearance of witnesses, and the order of the proceedings.

(b) The Commission has the authority to require any person including, but not limited to, any agent, employee or representative of any person, to appear and testify before the Commission with regard to any matter within the Commission's jurisdiction at such time and place as it may designate. Such testimony will be under oath and may include any matters which the Commission deems relevant to the discharge of the Commission's official duties. Testimony will be recorded by a duly certified court reporter and may be used by the Commission as evidence in any proceeding or matter before the Commission. Failure to appear and testify fully at the time and place designated will result in sanctions. Failure to appear may constitute grounds for:

(1) The refusal to grant a license to the person summoned, and/or that person's principal or employer;

(2) The suspension or revocation of a license held by the person summoned, and/or that person's principal or employer; or

(3) The inference that the testimony of the person summoned would have been adverse to that person and/or that person's principal or employer.

(c) Any party to the hearing may call and examine witnesses. The Commission will exercise its discretion to limit the testimony of witnesses where that testimony is irrelevant, argumentative or repetitive.

(d) Any party to the hearing may conduct cross-examinations reasonably required for a full and true disclosure of the facts.

(e) The Commission may ask questions of witnesses, and may request or allow additional evidence at any time.

Persons will be permitted to speak only when recognized by the Chairman.

(f) The Commission will have the authority to eject from the hearings any person who is disruptive, disorderly, or who shows a lack of proper respect for the Commission or the nature of the proceedings.

(g) All hearings held under this Ordinance will be open to all members of the Tribe and to such other persons who, in the discretion of the Commission or the Gaming Office or its Counsel, should be allowed to attend.

The Commission, in its discretion, has the power to exclude witnesses from the hearing until which time as the witness is required to testify.