8-10-8. TRIBAL COURT FINDINGS OF FACT AND RECOMMENDATION AS TO SANCTION.

At the time of or after the hearing provided for in Section 9, or at or after the time set for the hearing if the respondent does not appear, the Tribal Court shall make findings of fact regarding the allegation of the complaint and the defenses, if any, presented by the respondent. If the Tribal Court finds that the Tribal Prosecutor has failed to prove by a preponderance of the evidence that respondent committed one or more of the acts set forth in Section 5, the Court shall dismiss the complaint. If the Tribal Court finds by the preponderance of the evidence that the respondent did commit one or more of the acts set forth in Section 5, it shall issue a written recommendation to the Tribal Council as to the appropriate sanction. The recommended sanction may be either permanent or temporary exclusion from either all or a portion of the Rosebud lands. In addition, the Tribal Court may recommend that the exclusion be suspended upon condition that respondent comply with specified requirements which may include, among other things, payment of taxes, interest, and penalties owed to the Tribe, as determined by the Tribal Tax Commission; refraining from the act or acts that give rise to the exclusion action; payment of restitution to the Tribe or to any person for damage caused by the respondent; performance of labor; payment of a civil monetary penalty; and any other requirements that the Court deems just. Any penalty suggested as a condition for suspension of the exclusion shall not be a criminal fine but shall be a civil penalty for the purpose of defraying costs of enforcing this Ordinance and protecting lives and property on Rosebud lands.