CHAPTER 9-7
APPEALS AND SEVERABILITY

9-7-1 Appeals.

Any person aggrieved by any action taken by a tribal official or person or agency designated by the Council to be responsible for enforcement of this Title, may appeal to the Council. An appeal shall not stay any order to cease activity, impound vehicles or equipment and/or restrict access to the site of any operation, or pay penalties unless a stay is granted by the Council.

(A)    Any penalties paid by a person in violation of an order of non-compliance may be rebated by order of the Tribal Council upon hearing an appeal taken under this Section.

(B)    The Tribal Council may affirm or reverse any decision of a tribal official or person or agency designated to be responsible for enforcement of this Title, or issue such other orders or take such action as it deems appropriate.

(C)    The Tribal Council may allow such presentations, evidence or arguments as it deems appropriate.

(D)    A decision of the Tribal Council shall be final.

9-7-2 Severability.

If any part of application of this Title is held invalid, the remainder of the Title, or its application to other situations or persons shall not be affected.

(Title 9 enacted by PBP TC No. _______, _______; amended by PBP TC No. 2005-024, March 3, 2005)