8-10-9. FINAL ACTION BY TRIBAL COUNCIL - DISCRETIONARY HEARING.

Upon receipt from the Tribal Court of finding of fact and a recommendation as to sanction as provided in Section 10, the Tribal Council may, in its sole discretion, conduct a hearing either before the Council as a whole or before a committee designated by the Council. If such a hearing is held, the respondent, the complaining witness, and the Tribal Prosecutor shall be provided with prior notice of the time and place of the hearing, and shall be given an opportunity to be heard, but shall not be allowed to present evidence or witnesses.

No sanction may be imposed pursuant to this Ordinance except upon a majority vote of the Tribal Council. The Tribal Council may impose as a sanction either permanent or temporary exclusion from either all or a portion of the Rosebud lands. The Tribal Council may suspend the exclusion on condition that respondent comply, within a specific time limit, with such requirements as the Council may specify, which may include, without limitation, payment of taxes, interest, and penalties owed to the Tribe as determined by the Tribal Tax Commission; refraining from the act or acts that gave rise to the exclusion action; payment of restitution to the Tribe or to any person for damage caused by respondent; performance of labor; payment of a civil monetary penalty; and any other requirements that the Tribal Council deems just. Any penalty imposed as a condition of suspension of the exclusion shall not be a criminal fine but be a civil penalty for the purpose of defraying costs of enforcing this Ordinance and protecting lives and property on Rosebud lands. The Tribal Council shall in no respect be bound by the recommendations of the Tribal Court as the sanction or conditions for suspension of exclusion, if any, it imposes. The Court shall promptly cause copies of the Exclusion Order to be served personally or by Registered Mail upon the respondent, complaining witness, and Tribal Prosecutor.