21.10.440 Appeals.
(a) Decisions made by the SMC under this SMP may be appealed to the Tribal Court. Decisions which are appealable include award of a burn permit, denial of a burn permit, and notices of violation. The appeals process for violations is described in Chapter 21.05 YTC.
(b) Decisions to award or deny a burn permit are considered administrative decisions. The appeals process is as follows:
(1) The decision of the SMC may be appealed to the Tribal Court upon written request submitted to the Tribal Council within five days of the receipt of the notice of decision. The request for a hearing before the Tribal Court must state the grounds for overturning the SMC’s decision.
(2) The Tribal Court shall hold a hearing within 30 days of receiving the notice of appeal.
(3) The applicant and the SMC shall have the opportunity to present oral arguments at the hearing.
(4) The written record from the SMC’s decision-making process as well as any supplemental information provided by the SMC, together with all papers and requests filed by the applicant as part of the appeal shall constitute the exclusive record for decision on appeal.
(5) The Tribal Court shall set aside the SMC’s decision only upon a finding that the SMC’s decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.
(6) Within 60 days of the hearing, the Tribal Court shall issue a written decision on the appeal.
(7) The Tribal Court shall serve a notice of the decision to the applicant. The notice of decision shall be served by personal service or U.S. certified mail, return receipt requested.
(8) Decisions of the Tribal Court are final. [Plan § 7, adopted, 10/1/2003.]