(a) If the person after proper notice does not appear at the hearing at the time and place scheduled, the Court or the Gaming Commission may enter a default recommendation to Tribal Council to exclude such person.

(b) The hearing shall be recorded and shall follow applicable Yurok laws and rules of court.

(c) The Court or Gaming Commission shall make findings that the person to be excluded has met sufficient grounds for exclusion listed in YTC 10.20.070 based on a clear and convincing evidence standard.

(d) The Court or Gaming Commission must make findings on the record that the person to be excluded had the opportunity to appear at the hearing.

(e) The Office of the Prosecutor shall establish the basis for the proposed exclusion action by presenting evidence, including any witness testimony. The person subject to the proposed exclusion or that person’s attorney may cross-examine each witness.

(f) After the Office of the Prosecutor presents the case for exclusion, the person subject to the proposed exclusion or that person’s attorney may present evidence or call witnesses to oppose the exclusion.

(g) The Court or Gaming Commission maintains discretion to direct questions to either side relative to the proposed exclusion.

(h) Within one week of the conclusion of the hearing, the Tribal Court or Gaming Commission shall issue a recommendation as to whether the person shall be excluded and transmit the recommendation to Council. If the Court or Gaming Commission recommends an exclusion, it shall specify the proposed length of time of exclusion, areas of exclusion, and what conditions, if any, should be instituted. If the Court or Gaming Commission does not recommend an exclusion, it shall specify whether conditions, if any, should be instituted should the person be permitted to remain on Yurok lands.

(i) The Tribal Court may provide legal counsel for indigent persons in exclusion cases if and when funds allow.

(j) Unless the trial court sets another appellate schedule, parties must file any appeal of an exclusion recommendation of the trial court or Gaming Commission to the Yurok Supreme Court within 10 days under the appellate rules of procedure.

(k) The Tribal Court or Gaming Commission shall transmit its recommendation on the exclusion matter to the Yurok Tribal Council after the time for any appeals has passed. [Ord. 80 § 1204, adopted, 10/6/2022.]