18-21-108. PROCEDURE FOR HEARING CONTESTED MATTERS: FORMAL TRIAL-LIKE PROCEEDINGS.

Where required by this Title, or where the Commission determines in its discretion that a formal, trial-like proceeding be held:

  1. The Director shall provide timely notice to all interested parties of:
    1. The time, place and nature of the formal hearing; and
    2. The matters of law and fact asserted by either personal service or by United States mail, first-class postage prepaid.
  2. The Director shall schedule a hearing to be held no soon than 10 days and no later than 20 days after service of the notice on all parties.
  3. All interested parties shall have the opportunity to:
    1. Present and cross-examine witness.
    2. Submit facts and arguments.
  4. During the pendency of any formal trial-like proceeding, no member of the Commission or the Department, including the Director, may communicate with any person interested in the proceeding unless he gives notice to all interested parties of the communication.
  5. After consideration of all evidence presented and within 20 days of the conclusion of the hearing, the decision shall be issued. Such a decision shall be made in accordance with the best interests of the Reservation community and members of the Rosebud Sioux Tribe.
  6. The Director shall serve a copy of the decision upon all interested parties and post a copy of the decision conspicuously at the Tribal Administration Building. The decision shall be effective upon its issuance.
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