708 Filing of Notice of Enrollment Appeal

708 Filing of Notice of Enrollment Appeal

§ 708 Filing of Notice of Enrollment Appeal

A. Appeals under this Article shall be initiated by filing a Notice of Enrollment Appeal form with the Tribal Court.

B. Deadline for Filing Notice of Enrollment Appeal. The Notice of Enrollment Appeal must be

6Example: Petitioner receives an opening brief that was filed with the Tribal Court on Tuesday, March 13 and was mailed to petitioner on that same day. Petitioner receives the opening brief in the U.S. mail. Under § 711(B), a response brief by petitioner may be filed within 10 days. The due date for filing the response brief is March 28 (10 days + 5 days for service by mail)

filed by the petitioner with the Tribal Court within thirty (30) days7 of the petitioner’s receipt of the notice of enrollment decision of the Tribal Council. The date the petitioner receives the notice of enrollment decision shall be determined by the date signed on the certified mail return receipt. If the certified mail return receipt is returned without a signature, the petitioner is deemed to have received the notice of enrollment decision ten (10) days after the date the notice was mailed.

C.How to File.The Notice of Enrollment Appeal form shall be filed with the Tribal Court by one of the following methods:
      1. By certified mail or a delivery service that provides verification of delivery to the address listed on the Notice of Appeal form.
      2. By email to the Tribal Court using the email address listed on the Notice of Appeal form. If filed by email, the Tribal Court will provide an email confirmation of the filing. If petitioner does not receive an email confirmation, petitioner should contact the Tribal Court to confirm receipt; or
      3. By facsimile to the Tribal Court at the fax number provided by the Tribal Court on the Notice of Appeal form.

[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019] 

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