Loading...
A. In order to facilitate the processing of Applications, the Tribal Administration shall have the responsibility to review submitted Applications to determine whether the Application is an Administratively Complete Application or an Incomplete Application.
B. The Tribal Administration is empowered to take such actions as necessary for the proper administration of the Tribal Assistance Program Applications, including, but not limited to, obtaining additional information and supporting documents from Applicants to ensure the completeness of Applications for Assistance.
C. The Tribal Administration shall accept for review all Applications submitted in accordance with the requirements of §305 of this Chapter.
D. For Emergency and Funeral Assistance, the Tribal Administration is authorized to provide Assistance in the dollar amounts established by the Tribal Council without prior approval of the Assistance Application by the Tribal Council, provided that the Tribal Administration provides updated reports to the Tribal Council during the Tribal Assistance Program Meetings held in accordance with § 306 of this Chapter of any assistance provided since the last Tribal Assistance Program Meeting.
E. For Back to School Assistance authorized by resolution of the Tribal Council, the Tribal Adminstration is authorized to provide Assistance without prior approval of the Assistance Application by the Tribal Council, provided that the Application is deemed Administratively Complete by the Tribal Administration and the Tribal Administration provides updated reports to the Tribal Council during the Tribal Assistance Program Meetings held in accordance with § 306 of this Chapter of any assistance provided since the last Tribal Assistance Program Meeting.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018; Amended by Resolution No. 2019-03, 1/18/2019; Amended by Resolution No. 2019-91, 7/5/2019]
A. The Tribal Council shall meet on the third Tuesday of each month (unless a Tribal holiday) to review Administratively Complete Applications. In the event this meeting would otherwise fall on a Tribal holiday, the Tribal Council meeting shall be held two business days following the holiday. The Tribal Council may also reschedule the monthly meeting to review Administratively Complete Applications if necessary due to conflicts in scheduling or if no Administratively Complete Applications are pending for review.
B. Tribal Council Members shall comply with the Tribe’s Code of Ethics, including, but not limited to, recusal from voting due to a conflict, and all other provisions of the San Juan Southern Paiute Tribe Law & Order Code.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018; Amended by Resolution No. 2019-03, 1/18/2019]
A. The Tribe shall adopt a Tribal Assistance Program Handbook for each Approved Program that shall, at a minimum, conform to the requirements of this Title, the General Test, and further provide:
1. A description of the Program;
2. Eligibility rules, requirements and limitations, including, but not limited to, Income and Needs Requirements;
3. Procedure for certification and re-certification of Beneficiary eligibility;
4. Application procedures;
5. Application forms;
6. That each Beneficiary must be an enrolled member of the San Juan Southern Paiute Tribe;
7. That Assistance shall not represent compensation for any services (past, present or future);
8. Where Assistance does not qualify for exemption under Code Section 139E, Assistance shall be awarded based on financial need and available solely to Beneficiaries whose income satisfies the minimum Income and Needs Requirements in effect at the time Assistance is provided.
B. Any provision of a Tribal Assistance Program Handbook that conflicts with the requirements of this Title shall be null and void.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018]
Approval of and amendments to Tribal Assistance Program Handbooks shall be made only pursuant to a duly authorized Resolution of the Tribal Council.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018; Amended by Resolution No. 2019-03, 1/18/2019]
A. Tribal Program Handbooks and Application forms shall be made available to any Applicant requesting it at the Tribal Administration Office and may be provided in electronic or paper copy form.
B. Applicants shall hand-deliver or mail Applications to the Tribal Administration Office. Applications shall not be submitted by email. The Tribe is not responsible for lost mail and Applicants are responsible for verifying that the Tribal Administration has received the Application and any other information or supporting documents that are requested.
C. The Tribal Administration shall date stamp all Applications upon receipt with the date, time and name of the employee taking custody of the Application and supporting documents.
D. All Applicants must provide all necessary information and supporting documents as part of the Application for any Assistance Program. Applications that are missing required information or supporting documents will be deemed Administratively Incomplete by the Tribal Administration.
E. If the Application is determined to be Administratively Incomplete, the Tribal Administration shall send a written notification to the Applicant by mail or email with instructions to the Applicant stating how to cure any defect in the Application or supporting documents required to be submitted pursuant to the requirements of this Title or the Tribal Program Handbook(s) for the Applicant to have an Administratively Complete Application that is ready to be reviewed by the Tribal Council.
F. Except for Applications that are authorized for approval from the Tribal Administration pursuant to § 301 of this Chapter, once an Administratively Complete Application is received with all requested supplemental information or documents from an Applicant, the Tribal Administration shall provide the Administratively Complete Application to the Tribal Council at the next review meeting for Administratively Complete Applications pursuant to §306 of this Chapter.
G. Failure of an Applicant to provide all additional information or supporting documents requested by the Tribal Administration for a period of 30 days or more shall result in the automatic dismissal of the Application. Applications which are automatically dismissed must be resubmitted in order to begin the Application process again.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018; Amended by Resolution No. 2019-03, 1/18/2019; Amended by Resolution No. 2019-91, 7/5/2019]
A. All Administratively Complete Applications for each Assistance Program shall be reviewed and considered by the Tribal Council during Tribal Assistance Program Meetings of the Tribal Council.
C. The Tribal Council shall have the authority to construe Program eligibility and other terms and conditions to the extent not inconsistent with the requirements of this Title.
D. The Tribal Council shall meet on the third Tuesday of each month (unless a Tribal holiday) to review Administratively Complete Applications. In the event this meeting would otherwise fall on a Tribal holiday, the Tribal Council meeting shall be held two business days following the holiday. The Tribal Council may reschedule or vacate a monthly meeting in the event of a scheduling conflict or if there are no Administratively Complete Applications to review.
E. The Tribal Council may meet more often if an emergency exists or the volume of Applications requires additional review time.
F. The Tribal Council shall review Administratively Complete Applications and make a determination of eligibility and the level of Assistance to be provided in accordance with the requirements of this Title and all applicable Tribal laws, regulations, requirements, policies and procedures pertaining to the Assistance Programs.
G. The Tribal Council shall not impose any additional restrictions or requirements or modify the level of Assistance to be provided unless otherwise authorized by this Title or the applicable approved Tribal Assistance Program Handbook.
H. The Tribal Council shall only have authority to grant Assistance for any Application that does not exceed the threshold for individual Assistance as determined by each Assistance Program and that does not exceed the annual appropriations made by the Tribal Council for each Assistance Program in accordance with the Tribal budget adopted by the Tribal Council for each fiscal year. Any grant of Assistance which exceeds the authorized amounts or the Tribal budget allocated to that Tribal Program shall be null and void.
I. A majority vote of a quorum of the Tribal Council shall be required for all decisions regarding Administratively Complete Applications to be reviewed by the Tribal Council and the votes of each Tribal Council Member shall be documented in the meeting minutes of the Tribal Council for each Tribal Assistance Program Meeting. Review of Applications during the Tribal Assistance Program Meetings of the Tribal Council shall be considered as conducted in executive session in order to preserve the confidentiality of Applicant information.
J. Tribal Assistance Program Meeting minutes shall be maintained by the Tribal Administration for Tribal record-keeping purposes.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018; Amended by Resolution No. 2019-03, 1/18/2019; Amended by Resolution No. 2019-91, 7/5/2019]
A. Right to Appeal. Any Applicant who has submitted an Application shall have the right to appeal to the Tribal Court of the San Juan Southern Paiute Tribe, provided that the Tribal Court shall only have jurisdiction to address appeals alleging that the Constitution and/or the Law & Order Code has been violated.
B. Where to File the Appeal. All appeals shall be filed with the Tribal Court pursuant to the appeal procedure established in Title 5 of the Law & Order Code.
K. When to File Appeal. All initial appeals pursuant to this Article shall be filed within 30 days of the receipt of a notice informing the Applicant that their Application for assistance under a Tribal Program pursuant to this Title has been rejected or within 30 days of an alleged violation of the Tribal Constitution and/or the Law & Order Code.
L. Remedies. With regard to appeals made pursuant to this Section, the Tribal Court shall have the jurisdiction to order compliance with the Tribal Constitution and/or Law & Order Code. Decisions of the Tribal Administration or Tribal Council shall only be set aside if arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018]
Let us help. This form will collect basic information. Once we receive the form, we will contact you to get more information and help you find what you're seeking.
Contact Us
