Section 250.07. Procedures for permitting appeal of eligibility determinations.

 

(1)   Notice. If a tribal relief agency denies an application for relief, or reduces, suspends or terminates the relief, the tribal relief agency shall provide adequate written notice to the affected individual. The notice shall contain all of the following:

(a) The effective date of the action.

(b) The reason for the action.

(c) A statement that the action may be appealed to the tribal governing body and providing a reasonable period of time for the individual to appeal and a place for an appeal to be filed.

(2)   Fair hearing. If the tribal relief agency denies, reduces, suspends or terminates the relief, the tribal governing body shall permit and enable an affected individual to request a fair hearing. A fair hearing shall permit or provide all of the following:

(a) Permit the individual or his or her representative, at a reasonable time before the hearing, to examine records to be used at the hearing.

(b) Permit the individual to present his or her case personally or with the aid of others, including an attorney.

(c) Permit the individual or his or her representative to establish facts and circumstances pertinent to his or her case.

(d) Provide an impartial decisionmaker who is familiar with the relief program who may not communicate outside the hearing with either party.

(e) If determined necessary by the impartial decisionmaker, permit the individual or his or her representative to subpoena witnesses or compel the attendance of a witness or the production of evidence.

(f) Provide for procedures that permit the individual or his or her representative to question or refute any testimony or evidence, including permission to confront and cross-examine adverse witnesses.

(g) Provide, if desired by either party, for the party to make a record of the hearing by means of an electronic device, either sound or video or both, through the services of a court reporter or by other means acceptable to both parties.

(h) Provide for procedures that permit the tribal governing body or individual to limit the hearing to the written reason for the hearing, the facts in the case and the requested remedy sought.

(3)   Decision. The tribal governing body shall issue its decision in writing in a timely manner. The hearing decision shall:

(a) Be based exclusively upon evidence presented at the hearing and the written policies in effect on the date of the action being appealed.

(b) Inform the individual of the evidence and policies relied upon in reaching the decision and whatever rights to review are available and the time limit for requesting a review.

(c) Inform the individual of any remedy provided. The remedy may be the one sought by the individual requesting the hearing or a more appropriate remedy as determined by the impartial decisionmaker.

History: Cr. Register, May, 1996, No. 485 , eff. 6-1-96.