Section 1. Right to Appeal.

Any person whose application for enrollment or reinstatement has been rejected, whose request for relinquishment has been rejected, or who has been disenrolled from the Tribe shall have the right to appeal, provided that a person who has been rejected for adoption into membership pursuant to Article I, Section 2 of this ordinance, shall not have the right to appeal unless they claim that the provisions of the San Juan Southern Paiute Constitution have been violated.
‍

Section 2. Where to File the Appeal.

Prior to the establishment of the Tribal Court pursuant to Article VI of the San Juan Southern Paiute Constitution, all appeals shall be filed with the Tribal Council who shall hear such appeals. After the establishment of the Tribal Court, all appeals shall be filed with the Tribal Court.
‍

(a) If an appeal is filed with the Tribal Council pursuant to this Section, the Tribal Council shall schedule a hearing and provide notice of the hearing to the appellant at least thirty (30) days prior to the hearing. The Tribal Council may hear the appeal, or it may appoint a hearing officer to hear the appeal and make a recommended decision to the Tribal Council. The Tribal Council shall make the actual decision in all such appeals.
(b) lf an appeal is decided by the Tribal Council pursuant to this Section, the appellant shall have the right to file a further appeal with the Tribal Court within one year after the Tribal Court is established.
(c) If an appeal is filed with the Tribal Court pursuant to this Section, the appeal procedure shall be the procedure established by the Tribal Council for the Tribal Court by ordinance enacted pursuant to Article VI, Section 7 of the San Juan Southern Paiute Constitution.
‍

Section 3. When to File Appeal.

All initial appeals pursuant to this Article shall be filed within thirty (30) days of the receipt of the notice informing the person of the decision of the Tribal Council.
‍

[Legislative History: Enacted by Resolution No. 97-23, 7/16/1997]

‍