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A. Exigent Circumstances Requiring Immediate Exclusion With Notice.

1. In cases involving exigent circumstances, including but not limited to immediate danger to the life, health, or property of citizens or other persons on Tribal lands and where delay can reasonably be foreseen as likely to result in irreparable harm, the Tribal Council is authorized to order the immediate exclusion of any alleged violators of this chapter pursuant to this section.

2. The Tribal Council shall order the exclusion officer, a Tribal law enforcement officer, or an authorized state or local law enforcement official to serve a notice of immediate exclusion/exclusion order upon the person at the time of exclusion and where applicable, upon the physical removal of such person from Tribal lands, or cause the notice/order to be served as soon thereafter as possible. Such notice shall provide the subject of an immediate exclusion notice of his or her appeal rights, which, at the discretion of the Tribal Council, shall be to provide either: (a) an opportunity to request an exclusion hearing and to appear before the Tribal Council; or (b) an opportunity for written appeal only, in which event a decision by the Tribal Council on the appeal shall be made without a hearing.

a. Appeal With Hearing. If the notice of immediate exclusion provides for an opportunity for a hearing, the person who is the subject of immediate exclusion must request the hearing within 10 calendar days of receipt of the notice of immediate exclusion from Tribal lands, and shall follow all applicable exclusion hearing procedures of this chapter. The notice shall also explain the consequences of failing to request a hearing, as provided for under subsection (A)(3) of this section.

b. Written Appeal Without a Hearing. If the notice of immediate exclusion provides for an appeal, but limited to a written appeal without a hearing, the person who is the subject of immediate exclusion must file, within 10 calendar days of receipt of the notice of immediate exclusion from Tribal land, the written appeal to the Tribal Council which contains the reasons why the Tribe should reconsider its decision to immediately exclude that person from Tribal lands or for any other relief.

3. Failure to request a hearing or to file a written appeal if a hearing is not provided within 10 calendar days of receipt of the notice of immediate exclusion from Tribal lands shall constitute a waiver of any further appeal rights. The effect of such waiver shall be that the exclusion order portion of the notice of immediate exclusion shall become final and enforceable pursuant to WTC 3.10.110.

B. Immediate Exclusion With No Further Notice or Hearing Requirement. Any person convicted of a crime determined by the Tribe as grounds for exclusion pursuant WTC 3.10.050(B) shall be subject to immediate exclusion pursuant to this section without further notice or hearing. In all such cases, the Tribal Council shall be authorized to issue an order of exclusion pursuant to WTC 3.10.100. [Ord. 01-07 Art. 6, approved 10/22/07.]