PRP.5.3.100 Jurisdictional Determination

Within ten (10) business days after receipt of a Petition, the Commission shall make a preliminary determination on whether it possesses jurisdiction to preside over the dispute in question pursuant to this Code. If the Commission determines that it does not possess jurisdiction over the dispute in question, the Commission shall issue a notice of denial to the Petitioner, in a form prescribed by the Commission, explaining the basis for this determination. The dismissal notice shall constitute a final Commission order that may be appealed to the Tribal Court as set forth in this Chapter. A Commission's preliminary determination that it possesses jurisdiction shall not preclude any Respondent from challenging the jurisdiction of the Commission during the course of the proceedings.