8.04.070 Board Review of Applications

(a) Investigation. Before the Board considers an Application for a Residency Permit, the Tribal Clerk shall verify the contents of the application form in accordance with the provisions provided in the regulations. The Tribal Clerk shall provide a Report to the Residency Board of any additional information obtained in the verification of the contents of the Application.

(b) Board Review of Application. The Board's review of an Application after receipt of fee, verification that the Application is complete, may include, but not be limited to, the following:

(1) An informal meeting with the applicant to answer any questions relevant to the Application.

(2) A formal hearing, if necessary, to consider further information relevant to the Application.

(3) If the Board decides to hear comments from Community members who have requested to be heard on the Application, they shall be notify of the date of the Hearing. The hearing under this section shall be conducted in accordance with the provisions provided in the regulations.

(4) Any decision of the Board shall be by majority vote of the quorum.

(5) The successful Applicant shall be issued a Residency Permit.

(c) Required Notifications to Applicant, Others. In its Permit Application review process, the Board is required to provide, at a minimum, the following notifications:

(1) Notification to the Applicant that the Application is complete and that the Board will begin its review.

(2) Notification that the Applicant has a right to a hearing and respond to any questions that the Board may have.

(3) Public Notice that Community members may comment on Application.

(4) If the Board decides to hear comments from Community Members, the Applicant will be notified and provided an opportunity to respond.

(5) Notification of deadlines within which the Applicant shall respond. Such deadlines shall not to exceed 90 days within which the Applicant must respond to Board requests. If Applicant does not meet such deadlines the Board may deny the application or require the applicant to re-submit.

(6) The Applicant will be apprised of any hearing dates and right to submit evidence and present witnesses.

(d) Permit Decision and Denials. Decisions of the Board shall be by majority vote of the quorum. The Board shall render a decision within sixty (60) days of receipt of the application unless good cause exists warranting an extension. An Applicant who is denied a Residency Permit shall be informed in person or by Certified Mail/Return Receipt Requested, by being provided with a written Notice of Denial that contains the reasons for the denial and the right to file an appeal and the deadline for filing.

(e) Requirement to Leave Territory. Non-Members shall have thirty (30) days to leave the Territory under the following circumstances:

(1) They are required to, but have not, not filed an Application for a Permit. In this case, the thirty (30) day time period shall run from the date when they are ordered by the Board to leave the Territory because they have not filed an Application. The Non-Member may file an Application after receipt of the Board Order, but may not reside on the Territory until and unless the Application is approved.

(2) They have filed an Application, but the Application has been denied and they have exhausted all appeals. In this case, the thirty (30) day time period shall run from the date of the final decision (Board decision, Tribal Court decision if there is an appeal).

(3) The thirty (30) day time period may be extended for good cause but only for any additional seven (7) days.

(4) Any Applicant that remains on the Territory beyond the time period provided to leave the Territory may be charged by the Tribal Police with trespassing.

(f) Permit Renewals. Permits may be renewed under the same terms as the original Permit by filing a Permit Renewal Application with the Residency Board and paying a non- refundable processing fee.

(g) Publication of Board Decisions and Reports. Decisions of the Residency Board or the Tribal Court with respect to an Application for a Residency Permit, shall be published in a community newspaper. On or before January 1st of each year, beginning in the first full year following adoption, the Residency Board will provide the Tribal Council with a written report listing all persons residing on the Territory under a Residency Permit (including the expiration date), and the identity of any applicant who has been denied, or whose Residency Permit has been revoked.