CTZ.1.8.020 Reconsideration by Tribal Governing Board

(a) To commence an appeal, such person must first request the Tribal Governing Board to reconsider its final determination by clearly expressing in writing an intent to appeal such rejection or disenrollment. A copy of such written notice must be served on the Tribal Governing Board no later than the 30th day after the Notice of Rejection or Renunciation was received. Service upon the Tribal Governing Board shall be made by mailing the notice to the Tribal Governing Board's address or by personal service upon the Governing Board's Secretary. Service by mail is complete upon mailing via certified mail, postage prepaid and return receipt requested. Personal service may be made by any adult who is not the appellant and may be accomplished by delivering the written notice of appeal to the Governing Board's Secretary or by leaving the notice in the office of the Secretary with the person who is apparently in charge of the office. Proof of such service indicating the date, time and place of service may be required by the Tribal Governing Board. If the Notice of Rejection or Renunciation is delivered to an address outside the continental United States, there shall be 60 days in which to file an appeal.

(b) Upon the timely receipt of a request for reconsideration, the Tribal Governing Board shall review the complete record together with all evidence concerning the eligibility for Citizenship (Membership) previously presented to the Tribal Governing Board. The reconsideration shall not include any evidence as defined in Section CTZ.1.6.060 and Section CTZ.1.7.050 of this ordinance not previously furnished unless the appellant establishes that such evidence was not previously available through no fault of the appellant or was not previously introduced because of mistake, inadvertence or excusable neglect. An appellant may be granted additional evidence within the discretion of the Tribal Governing Board.

(c) Upon reconsideration, the decision of the Tribal Governing Board shall be final and conclusive as to the Tribe and written notice of the decision shall be given to the appellant promptly, provided that the appellant shall have the right to appeal to the Secretary of Interior as provided Section CTZ.1.8.030 of this ordinance.