713 Decision

713 Decision

§ 713 Decision

A. The Tribal Court shall affirm the enrollment decision, unless the Court finds by a standard of Clear and Convincing that at least one of the following is applicable:
      1.the enrollment decision of the Tribal Council is arbitrary;
      2.the enrollment decision of the Tribal Council is an abuse of discretion, or 
      3. the enrollment  decision  of  the  Tribal  Council is  contrary  to  the  Constitution  and/or Enrollment Ordinance.

B. The Tribal Court shall issue a written decision that is supported by findings of fact and conclusions of law.

C. If the Tribal Court finds in favor of the petitioner, the case shall be remanded to the Tribal Council for further action with consideration of the Court’s findings and conclusions.

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

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