710 Record for Appeal

710 Record for Appeal

§ 710 Record for Appeal

A. The Tribal Enrollment Officer, with the assistance of the General Counsel, or other position designated by the Tribal Council, shall compile and certify the record for appeal to the Tribal Court within twenty (20) days of service of the Notice of Enrollment Appeal on the Tribe. 

B. The Certification of Record shall include an itemized list and copies of the following:
      1. the petitioner’s application, including all supporting documents;
      2. all information considered by the Enrollment Committee;
      3. all documents resulting from any investigation completed by the Enrollment Committee or Tribal Council;
      4. any documentation of or recording of any hearings held, if applicable;
      5. the written recommendation to the Tribal Council, if applicable; and6.any resolutions resulting from the petitioner’s enrollment request.

C. Filing Under Seal. At the time of filing the Certification of Record to the Tribal Court, the Tribe may file a motion with the Tribal Court to request that any records relied upon by the Enrollment  Officer, Enrollment Committee, or Tribal  Council in making its enrollment decision that are not also contained within the petitioner’s applicant file, be held by the Court under seal and made available only to petitioner through a visual review of the record. If this motion is made by the Tribe, such records shall be identified in the Certification of Record with a notation that the records are being filed under seal.

D. The Certification of Record may be transmitted to the Tribal Court by secure electronic means, facsimile, or by certified mail or a delivery service that provides verification of delivery.

E. Except for the records identified  in  § 710(C)  above  the Certification of Record shall  be served by the Tribe on the petitioner by secure electronic means or by mail or delivery that provides verification of delivery and requires a signature.

F. All records shall be maintained confidentially by the Court and by the parties.

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

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