ARTICLE 7 RULES OF PROCEDURE FOR ENROLLMENT APPEALS
717 Amendments
§ 717 Amendments Any amendments to these Rules of Procedure for Enrollment Appeals shall be effective on the date the Tribal Council enacts such amendment. [Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
716 Effective Date
§ 716 Effective Date These Rules of Procedure for Enrollment Appeals shall become effective on the date enacted by the Tribal Council of the San Juan Southern Paiute Tribe. [Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
715 Forms and Instruction
§ 715 Forms and Instruction The Tribal Court and Appellate Court shall have the authority to adopt forms and instructions for use by the parties to file and process the appeals permitted by this Article. Forms and instructions, if any, shall be made ...
714 Appeal of Tribal Court Decision
§ 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 ...
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 ...
711 Briefs on Appeal
§ 711 Briefs on Appeal A. Opening Brief. At the time of filing the Administrative Record, the Tribe may, at its discretion, file an Opening Brief, not to exceed ten (10) pages, which explains the rationale for the Tribal Council’s decision ...
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 ...
709 Notice to Tribe
§ 709 Notice to Tribe A. Upon receipt of the Notice of Enrollment Appeal from the petitioner, the Tribal Court shall serve the Notice of Enrollment Appeal on the following: (1) Tribal Enrollment Officer, (2) Tribal President, (3) Tribal ...
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 ...
707 Service of Motions and Briefs and Other Requests
§ 707 Service of Motions and Briefs and Other Requests After the initial filing of a Notice of Appeal, any party who files a document, request, motion or brief with the Tribal Court or Appellate Court shall also serve a copy of that document, ...
706 Computation of Time; Extension of Time
§ 706 Computation of Time; Extension of Time A. All calculations of dates shall not include the first day and shall include the last day of the period.1 B. If the period of time to be calculated is less than ten (10) days, only business days shall be ...
705 Scope of Review
§ 705 Scope of Review A. The Tribal Court’s review of an enrollment decision shall not be limited to the administrative record before the Court. Except as provided in § 705(B), the Tribal Court shall have the authority to order the Enrollment ...
704 Right to Appeal; Jurisdiction
§ 704 Right to Appeal; Jurisdiction Any person whose application for enrollment or reinstatement is rejected or who has been disenrolled from the Tribe shall have the right to appeal to the Tribal Court for an enrollment decision that is within the ...
703 Applicability
§ 703 Applicability These Rules of Procedure for Enrollment Appeals shall apply to all enrollment appeals that the Tribal Court has the authority and jurisdiction to review. [Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
702 Purpose and Authority
§ 702 Purpose and Authority A. The San Juan Southern Paiute Tribal Council has a duty to ensure that the Enrollment Ordinance (Law & Order Code, Title 3, Chapter 1) is applied pursuant to Tribal Law and according to a process that is fair and ...
701 Definitions
§ 701 Definitions For purposes of this Article, the following terms shall mean: A. “Abuse of Discretion" means a decision that that is clearly against reason and evidence. B. "Arbitrary”means a decision that is not supported by substantial cause or ...