39.01.110 Emergency Exclusion and Removal Without Prior Hearing

(a) Whenever the Tribal Council finds that there is an immediate need to order the exclusion and/or removal of a person from any or all portions of Indian Country under the territory and jurisdiction of the Turtle Mountain Band of Chippewa Indians and that the granting of notice and opportunity to be heard to such person prior to making such order would cause a delay seriously detrimental to the interests of the Tribe, its members, or the other persons resident in or on any or all portions of Indian Country under the territory and jurisdiction of the Turtle Mountain Band of Chippewa Indians on all land on the Turtle Mountain Indian Reservation the Tribal Chairman is hereby empowered to immediately order such exclusion and/or removal and provide for post-exclusion Notice and opportunity for review of such decision as outlined below.

(b) Whenever the exclusion and/or removal of a person is ordered without a prior hearing as provided herein, the person shall be served with a Notice of such action. Such notice

(1) Shall state the nature and extent of the exclusion and/or removal so ordered,

(2) Shall state the reasons why no prior hearing was held,

(3) Shall inform the person that once he or she has complied with the order he or she may immediately petition the Exclusion Board for a hearing to reconsider the Exclusion Order.

(4) That he or she may be represented by counsel at such hearing at his or her own expense and present evidence in his or her own defense, and

(5) Shall inform him that his or her compliance with such Exclusion Order to be enforced by Tribal or other police officers given the responsibility to do so.

(6) A copy of the Exclusion Order shall be served with the Notice upon the person to be excluded and such service may be accomplished by personal service or, if personal service is not reasonably possible, by mailing to the person by United States registered mail, return receipt requested, to his or her last known address.

(c) Upon receipt of a petition for a hearing, the Exclusion Board shall schedule an administrative hearing to allow the person to present evidence. Such hearing shall be held within two weeks of receipt of the Petition for Removal, provided, however, that except for purposes of attending this hearing, the Exclusion and/or Removal Order shall remain in full force and effect pending the reconsideration hearing and a decision thereon.

(d) After such hearing, the Exclusion Board shall recommend to the Tribal Chairman to affirm, modify or rescind his or her previous Exclusion Order. If the decision is not rendered thereon until after the hearing, the Exclusion Ordinance Board shall give the person written Notice of such decision in the same manner as provided above for service of the Notice.