16-1-305. APPEALS.

1. Expedited Administrative Appeal.
   1. If an applicant for a business license seeks an administrative hearing, the Tribal Revenue Department, upon receipt of the notice of appeal, shall notify the applicant in person or by telephone, telegram or other electronic means, of the time set for the expedited hearing which shall be not less than three nor more than five working days thereafter.
   2. At the hearing the applicant shall be entitled to present testimony and cross examine opposing witnesses, and present any other evidence which the applicant shall deem appropriate. All oral testimony shall be recorded and retained until expiration of the time within which the applicant could appeal to Tribal Court. In the event of such an appeal, the Director shall immediately certify the record and deliver the recordings and all other evidence in the record to the Tribal Court. If no appeal is filed, all evidence, except recordings, submitted by the applicant shall be returned.
   3. The Director shall rule upon the appeal within three working days after the hearing and shall set forth in writing the factual findings and the reasons for his decision. If the appeal is denied, the ruling shall state that the applicant has 30 days from receipt thereof to file a notice of appeal with the Tribal Court under this subsection. The notice shall state in a conspicuous manner that the appeal sought is an expedited appeal pursuant to this subsection.
   4. Upon receipt of a notice of appeal from an expedited administrative hearing, the Tribal Court or other electronic means, of the time set for the expedited hearing which shall be not less than three nor more than five working days thereafter.
   5. The appeal shall be decided by the Tribal Court sitting without a jury, and shall be heard solely on the record established at the hearing as certified by the Director. No new or additional evidence may be introduced during the appeal. (f) The Tribal Court shall uphold all factual findings of the Director unless the Court determines that such findings are not supported by substantial evidence in the record established before the director. In reviewing reasons for denial of the license by the Director, the Court shall give proper weight to the Director’s interpretation of this Chapter and any regulations promulgated hereunder.
2. Direct appeal to the Tribal Court.
   
   If any person is entitled to an appeal pursuant to this Chapter seeks a direct appeal to the Tribal Court, the appellant shall be deemed to have waived any right he may otherwise have to an expedited administrative hearing or an expedited appeal to the Tribal Court, and the appeal shall be governed in all respects in accordance with the Rules of Procedure of the Tribal Court.
3. Expedited Direct Appeal to the Tribal Court.
   1. Any person seeking an expedited appeal pursuant to Section 301 (b) of this Chapter shall file a notice of appeal which states in a conspicuous manner that the appeal sought is an expedited appeal pursuant to this subsection. Upon receipt of the notice of appeal the Tribal Court shall notify the appellant in person or by telephone, telegram or other electronic means, of the time set for the expedited hearing which shall be held no later than five working days after receipt by the Tribal Court of the notice of appeal.
   2. The expedited appeal hearing by the Tribal Court shall be by trial de novo and shall be governed in all respects in accordance with the rules of procedure of the Tribal Court, except that the Tribal Court shall rule upon the expedited appeal within three working days after completion of the hearing.