30.04.060 Hearings

(a) A public hearing will be held on each application unless:

(1) There has been no objection to the application and the applicant agrees to accept conditions imposed by the Commission , or

(2) The TWA has determined that the proposed use will have a de minim is "of the least" effect under the standards of the existing water management plan.

(b) The Commission will be present and will preside over the hearing. The applicant and all objectors will have the right to participate as parties, to present oral and written testimony of witnesses, and to be represented by counsel.

(c) The Tribe may participate in any hearing as a party and may present testimony of witnesses.

(d) The Commission may, in its discretion, request or permit the parties to submit additional materials after the hearing.

(e) Hearings concerning application within the same hydrologic basin or area will be consolidated to promote efficiency, minimize expense or hardship, and prevent duplication unless any party files an objection, with the TWRC, (10) days prior to the scheduled hearing.

(f) If the Commission in its discretion determines that the issuance of the permit is in the best interests of the community, the permit will be granted.

(g) The decision if the Commission will be adopted by a majority vote of the Commission. The members of the Commission present at the hearing will issue a written decision setting forth pertinent findings of fact and an ultimate determination as to whether the application will be granted with specific conditions or denied.

(h) Within fourteen (14) days after the decision, any party may request the Commission to reconsider the decision. A petition for reconsideration will be in writing and will state concisely the error in the decision the petitioner claims should be reconsidered.

(i) If the Commission determines to reconsider its decision, it will schedule an additional hearing with proper notice to all parties. All members of the Commission must be present at the hearing. On reconsideration, the Commission may affirm, nullify, or revise its earlier decision. Any revised decision will comply with Section 30.04.060(g) of this chapter and will be a final Commission decision for purposes of appeal.

(j) The decision of the Commission will become final and take effect unless it's in appeal process.

(k) As soon as the decision of the Commission becomes final, the TWA will issue the appropriate permit in conformity with the Commission's decision.

(l) Decision of the Commission in accordance with this chapter will be appealable as provided in this Act exclusively to the Tribal Court.

(m) The Tribal Court will render their decision in accordance with this Act.