40.16.120 Notice of Defense

Within fifteen (15) days after service upon the person, government agency or permittee, they may deliver to the Compliance Officer a Notice of Defense in which the they may object to the Statement of Charges upon the grounds that it does not state acts or omission upon which the Compliance Officer may proceed or to the form of the Statement of Charges on the ground that it is so indefinite or uncertain that the person, government agency or permittee cannot identify the acts or omissions or prepare the permittee's defense.

(a) The Notice of Defense shall be deemed a specific denial of all parts of the Statement of Charges not expressly admitted. Failure to file a Notice of Defense shall constitute a waiver of the right to a hearing. The Statement of Charges will stand and legal action for remedy will begin.

(b) The Notice of Defense shall be in writing signed by or on behalf of the person, government agency or permittee.

(c) A copy of any Statement of Charges and Notice of Defense shall be sent by the Compliance Officer to the Chairman and the Tribal Council.