18-21-107. PROCEDURE FOR HEARING MATTERS OF GENERAL CONCERN TO THE ROSEBUD RESERVATION COMMUNITY: INFORMAL PUBLIC HEARINGS.

Where this Code requires or where the Commission or Directors are to act upon matters that affect the Reservation community and members of the Rosebud Sioux Tribe or where the Commission or Directors determine in their discretion that an informal public hearing is required, the Director shall:

  1. Issue a notice that includes:
    1. A statement of the time, place, and nature of the informal public proceedings;
    2. A statement of the purpose of the proposed land use;
    3. Either the specific language of the request to conduct the proposed land use or a description of the contents of the request;
    4. Whenever the language of the proposed request is not included in the notice, a statement that a copy of the proposed request is available free of charge from the Land use and Environment Department and an explanation of how to obtain a copy; and
    5. The name of the person in the Department to whom the public may direct questions about the proposed request.
  2. Publicize such notice by:
    1. Providing it to each member of the Commission; and
    2. Posting it conspicuously at the Tribal Administration Building.
    3. In his discretion, the Director may publish the notice twice in a newspaper of general circulation on the Reservation.
  3. Schedule an informal, public hearing at which any person may express his views on the requested land use orally or in writing. The Director may set a reasonable limit on the length of time each person may speak. The public shall be permitted to file written comments up to 14 days after the public hearing his held. The Director shall schedule such meeting no sooner than 10 days nor later than 20 days after posting of the notice required by § 18-21-103 (2) (b).
  4. After consideration of all evidence presented to it during the informal public hearing and within 20 days of the conclusion of that hearing, the Commission or Director shall issue its decision. Such a decision shall be made in accordance with the best interest of the Reservation community and members of the Rosebud Sioux Tribe.
  5. The decision shall be announced by:
    1. Providing a copy to each member of the Tribal Council; and
    2. Posting a copy conspicuously at the Tribal Administration Building.
    3. In its discretion, the decision may be publicized by being published once in a newspaper of general circulation on the Reservation.
  6. The decision after an informal hearing shall be effective immediately and shall be posted in a conspicuous place at the Tribal Administration Building.
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