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A. Reviewing Applicant’s Eligibility. The Tribal Council shall review each application for enrollment together with the recommendation of the enrollment committee and determine whether the applicant is eligible to be enrolled as a member of the Wiyot Tribe. The person filing an application has the burden of proof of establishing to the satisfaction of the Council that the applicant meets all of the requirements for Tribal membership. The Tribal Council shall consider all relevant evidence regarding the applicant’s eligibility for enrollment, but the relevancy, weight, and sufficiency of such evidence shall be determined by the Tribal. Council.

B. Hearing to be Held Before Application is Rejected. Before making a final determination that an application for enrollment should be rejected, the Council shall hold a hearing concerning the applicant’s eligibility for enrollment and the person filing the application shall be given written notice of the hearing in accordance with the provisions of WTC 3.05.070. The manner of conducting such hearing or any other matters pertaining to enrollment procedures shall be determined by the Council.

C. Determination of Applicant’s Eligibility. The final determination as to whether an application for enrollment is approved or rejected by the Council shall be reduced to writing and signed by the Chairman of the Council regarding each application for enrollment filed with the enrollment committee. Such determination shall also set forth findings of fact indicating whether the enrollment committee recommended that the application be approved or rejected, the date of the applicant’s birth, and the membership requirement or requirements which the Council found the applicant failed to establish. If the application is rejected, the Council shall also make special findings of fact concerning the written notice of hearing which was given to the person filing the application and whether or not such person was present at such hearing. The form of the Council’s written determination shall be approved by the Council. [Adopted 4/4/89 Art. III § 2.]