39.01.100 Administrative Hearing on Exclusion and Removal in Non-Emergency Situations

(a) In non-emergency cases of exclusion and/or removal, the Exclusion Board shall cause to be served upon the offending person a copy of the Petition and Notice of Hearing by personal service, or if such service is not reasonably possible, by registered mail, return receipt requested, to the last known address of such person. Such Notice shall contain:

(1) the date and time of the administrative pre-exclusion hearing,

(2) hearing shall be not less than three days from the date of service, and

(3) shall further inform the person that he or she may appear with counsel at his or her own expense and present evidence in his or her own behalf.

(b) The administrative pre-exclusion hearing on a proposed exclusion and/or removal may be held at a regular session of the Exclusion Board.

(c) The Exclusion Board shall hear the evidence presented, and if appropriate, recommend the exclusion and/or removal of the person to the Tribal Chairman. If the person is not present at such hearing, or if a decision thereon is not rendered until after the hearing, appropriate notice shall be served on the person in the manner provided above, informing him of the action of the Tribal Chairman. Such notice shall include a copy of any recommendation made by the Exclusion Board to the Tribal Chairman for exclusion and/or removal that affects such person.