714 Appeal of Tribal Court Decision

714 Appeal of Tribal Court Decision

ยง 714 Appeal of Tribal Court Decision

A. Time for Filing. The decision of the Tribal Court may be appealed to the San Juan Southern Paiute Tribe Court of Appeals by filing a Notice of Enrollment Appeal to Appellate Court form with the Appellate Court within thirty (30) days of the final decision issued by the Tribal Court.

B. Jurisdiction. The Appellate Court shall have jurisdiction to review the decision of the Tribal Court, provided, that the appeal is based upon a claim that the decision of the Tribal Court is arbitrary, an abuse of discretion, or contrary to the Constitution and/or enrollment ordinance.

C. How to File. The Notice of Enrollment Appeal to Appellate Court form shall be filed with the Appellate 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 Enrollment Appeal to Appellate Court form.
      2.By email to the Appellate Court using the email address listed on the Notice of Enrollment Appeal to Appellate Court form. If filed by email, the Appellate Court will provide an email confirmation of the filing. If petitioner does not receive an email confirmation, petitioner should contact the Appellate Court to confirm receipt; or
      3.By facsimile to the Appellate Court at the fax number provided by the Appellate Court on the Notice of Enrollment Appeal to Appellate Court form.
      4.The party filing the Notice of Enrollment Appeal shall also serve a copy of the Notice of Enrollment Appeal to Appellate Court on the following: (1) Tribal Enrollment Officer, (2) Tribal President, (3) Tribal Vice-President, and (4) the General Counsel of the Tribe. If any of these positions are vacant, service on the remaining individuals in these positions shall be deemed service at the time the last person is served.. Service of the Notice of Enrollment Appeal  to  Appellate  Court may  be  completed by email,  facsimile,  certified  mail,  or  a delivery service that provides verification of delivery

D. The record on appeal shall be the record considered by the Appellate Court.

E. The Appellate Court, at its discretion, may order briefing and/or hold a hearing on the appeal.

F. The decision of the Court of Appeals shall be final.

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

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