A. Written Notice Required. Whenever the enrollment committee recommends rejection or the Tribal Council considers that an application for enrollment should be rejected, written notice that a hearing shall be held concerning such application shall be given the person filing the application, in the manner hereinafter provided, before a final determination of the applicant’s eligibility for enrollment is made by the Council.

B. Contents of Notice. The written notice required to be given under this section shall: (1) indicate the Tribal membership requirement or requirements which the applicant failed to establish or other reasons why the application should be rejected; (2) fix a time and place for the Tribal Council to hold a hearing to make its final determination of the applicant’s eligibility for enrollment; (3) indicate that the person filing the application may appear before the Tribal Council at the time and place fixed for such hearing to show why the application for enrollment should not be rejected and to present additional evidence, if any, concerning the applicant’s eligibility for enrollment. The content and form of such written notice shall be approved by the Council.

C. Manner of Giving Written Notice. The notice required under this section shall be given 20 days prior to the time fixed for the Tribal Council to hold a hearing to make its final determination of applicant’s eligibility for enrollment, and notice shall be sent by certified mail, with postage thereon fully prepaid and return receipt required, addressed to the person filing the application for enrollment at the mailing address provided by such person in the application enrollment form, or at such different address as such person may subsequently provide the enrollment committee in writing.

D. Presumption that Written Notice was Received. Where it appears that the notice required under this section was deposited in a United States Post Office more than 30 days prior to the time filed for the Tribal Council to hold its hearing concerning the applicant’s eligibility for enrollment and that such notice was sent by certified mail, it shall be presumed that such notice was received be the addressee more than 20 days prior to the time fixed for the hearing by the Council. [Adopted 4/4/89 Art. III § 1.]