10.20.200 Modification or dissolution procedures.
(a) Petition for Modification or Dissolution of an Exclusion Order. Any person against whom an exclusion order has been issued by Tribal Council may petition the Tribal Court in writing for modification or dissolution of the exclusion. The Tribal Court shall review the petition to determine whether the Court has a reasonable belief that the excluded person has reformed their behavior sufficient to permit reintegration with the community.
(b) Tribal Court Hearing. If the Court has a reasonable belief that the petitioner has reformed, it shall schedule and conduct a hearing in accordance with YTC 10.20.100 and may make recommendations to Tribal Council as to whether to maintain, dissolve, or modify the existing exclusion order.
(c) Council Review. The Council shall receive and review recommendations for modification or dissolution of exclusion orders issued by the Tribal Court. The Council may issue a Resolution:
(1) Approving the Court’s recommendation;
(2) Modifying or rejecting the Court’s recommendation;
(3) Remanding to the Court with instructions for further consideration; or
(4) Based on substantial evidence in the record, making its own findings and specifying revised terms of exclusion or conditions, if any, that shall be instituted to permit the person to remain on the Reservation. [Ord. 80 § 1403, adopted, 10/6/2022.]