Ponca Tribe of Nebraska Tribal Code
Chapter 9. Appeals Process
Any individual who is denied enrollment or who is removed from the membership rolls in accordance with Chapter 5, Section 10-5-10 of this Ordinance has the right to an appeal and hearing.
Ponca Tribe of Nebraska Code § 10-9-1, PTN Code § 10-9-1
An applicant or disenrolled member desiring to appeal the decision made must request a hearing in writing to the Tribal Council within thirty (30) days after being notified of the actions taken. The thirty (30) days shall begin from the date of the individuals signed receipt of the certified notice. Upon written request for a hearing the Tribal Council shall schedule a hearing within thirty (30) days of receipt of the request and shall notify the individual by written notice of the hearing via certified mail, not less than fifteen (15) days before the hearing. The notification of the hearing shall contain the reason for the hearing, describe evidence to be presented, and inform the individual that they are entitled to present evidence and/or witnesses in his/her own defense or he/she may be represented by legal counsel at his/her own expense.
Ponca Tribe of Nebraska Code § 10-9-2, PTN Code § 10-9-2
The individual who is appealing must produce clear and convincing evidence that he/she is eligible for enrollment in accordance with the Constitution and this Ordinance. The Committee and Enrollment Office shall have the opportunity to present evidence based on their findings. After hearing the appeal, membership shall be granted if the Tribal Council by a two-thirds vote of the full Council approves the application or restores membership to the individual into the Tribe. The decision of the Tribal Council shall be based on all evidence heard, shall be in accordance with the Constitution and this Ordinance, and shall constitute a final determination.
Ponca Tribe of Nebraska Code § 10-9-3, PTN Code § 10-9-3