MCC.6.3.050 Hearings

(a) Notice of Hearing. The Committee shall conduct quarterly hearings and provide official notice to the applicant by certified mail, including the date, time and location of the hearing, at least twenty (20) calendar days prior to the hearing. If alternate arrangements have been made under Section MCC.6.3.050(b) below, notice shall be provided to the applicant with as much advance notice as possible and as time permits.

(1) Hearings shall take place at a regularly scheduled time and location to be determined by the Committee and shall not be open to the public.

(b) Alternate Hearing Arrangements. Applicants who reside out of the tribal Service Area who are unable to attend a hearing may submit a written request by certified mail to the Human Resources Director for alternate arrangements to appear by video conference and/or to reschedule the hearing date. If alternate arrangements are unavailable, the applicant may withdraw the application up to three (3) business days prior to the hearing without penalty and may re-apply for a pardon at any time.

(c) Failure of the Applicant to Attend Hearing. Failure of the Applicant to appear at the hearing may result in the Committee postponing making a determination on the application or recommending that the Tribal Governing Board deny the application.

(1) Applicants with a legitimate reason for failing to appear for a hearing shall have ten (10) calendar days from the date of the missed hearing to provide documentation to the Committee. Such documentation may include but shall not be limited to the following: a Doctor's excuse; an accident/police report; or a funeral notice.

(d) Testimony and Notarized Statements. The Committee shall obtain oral testimony at the hearing from the applicant, and any victims or witnesses.

(1) Victims, witnesses, and other persons unavailable for a scheduled hearing may submit a notarized statement for consideration.

(2) The Committee may institute recesses and postponements as they see fit.

(3) The Committee may ask questions at any time during the hearing.

(4) The Committee may require the applicant to provide further documentation.

(A) Within five (5) business days of the hearing, the Committee shall send a written request by certified mail to the applicant for the additional documentation.

(B) The applicant shall submit the documentation to the Human Resources Director within thirty (30) calendar days after receiving the request for the documentation. Failure of the applicant to provide any of the required documentation may result in:

(i) the application being removed from consideration; or

(ii) denial of the application.

(e) Deliberations and Recommendation. After the hearing, the Committee shall go into executive session for deliberations.

(1) The Committee shall consider all information gathered from the hearing, the application, the background investigation, and any testimony or notarized statements when determining whether to recommend that the application be approved or denied.

(A) The Committee shall be responsible for weighing the appropriateness of granting a pardon or forgiveness.

(2) Recommendation. After considering the factors provided, the Committee shall decide and compose a formal, written recommendation for each application, including reasons to approve or deny the application within thirty (30) days after the pardon or forgiveness hearing. The recommendation, including any dissenting opinions issued by the Committee shall be forwarded to the Tribal Governing Board within thirty (30) calendar days after deciding, along with the following materials for review:

(A) All information from the application and the background investigation;

(B) Any notarized statements submitted;

(D) An audio recording of the hearing, upon request by a Tribal Governing Board member.