A. At the exclusion hearing held not earlier than 15 days of the date of service of the notice of the exclusion hearing, the exclusion officer shall present or cause to be presented evidence on behalf of the Tribe in the form of documents or witness testimony that shows cause for a finding by the Tribal Council to issue a temporary or permanent exclusion order.

B. The alleged violator shall have the opportunity to present evidence in the form of documents or witness testimony to show cause why he/she should not be excluded.

C. Evidence of Tribal custom and tradition from either the Tribe or the alleged violator shall be freely admitted.

D. The burden of proof shall be on the Tribe to prove, by a preponderance of the evidence, that the alleged violators committed the misconduct or unlawful act, and that said conduct or condition warrants exclusion under this chapter and any other applicable laws.

E. After presentation of the evidence by both the Tribe and the alleged violator, the Tribal Council shall take the matter under submission and proceed to make a decision on whether to issue a temporary exclusion order, a permanent exclusion order, or decline to issue any exclusion order and state clearly the basis for the Tribal Council’s decision.

F. A written decision by the Tribal Council shall be issued within 10 days of the exclusion hearing. A decision whether or not to issue an exclusion order by the Tribal Council under WTC 3.10.060 through 3.10.080 shall be final. Any decision by the Tribal Council to issue an exclusion order shall include a statement that any personal property belonging to the excluded person remaining on Tribal lands after the date specified in the decision and if not claimed within 90 calendar days of receiving a copy of the exclusion order, such personal property will be removed, stored, otherwise forfeited to the Tribe.

G. Any exclusion order issued pursuant to a decision of the Tribal Council under this section shall strictly conform to the requirements under WTC 3.10.100. [Ord. 01-07 Art. 5 § 5.5, approved 10/22/07.]