11.01.170 Findings, Orders and Awards

(a)(1) All parties shall be afforded opportunity for full, fair, public hearing after reasonable notice, but disposition of application may be made by compromise, stipulation, agreement or default without hearing.

(2) Within 45 days after the final hearing and close of the record, the Tribal shall make and file its findings upon the ultimate facts involved in the controversy, and its order, which shall state its determination as to the rights of the parties. Pending the final determination of any controversy before it, the Tribal Council may in its discretion after any hearing make interlocutory findings, orders and awards which may be enforced in the same manner as final awards. The Tribal Council may include in its final award, as a penalty for noncompliance with any such interlocutory order or award, if it finds that noncompliance was not in good faith, not exceeding 25% of each amount which shall not have been paid as directed thereby.

(b) A party in interest may petition the Tribal Council for reconsideration of its decision awarding or denying compensation if the Tribal Council receives the petition within 21 days after the Tribal Council mailed a copy of the findings and order to the party's last known address. The Tribal Council shall dismiss a petition for reconsideration which is not timely filed unless the petitioner shows probable good cause that the reason for failure to timely file was beyond the petitioner's control. If no petition is filed within 21 days from the date that a copy of the findings or order is mailed to the last known address of the parties in interest, the findings or order shall be considered final.

(1) On its own motion, for reasons it deems sufficient, the Tribal Council may set aside any final order or award within one year the date of the order or award, upon grounds of mistake or newly discovered evidence, and, after further consideration, do any of the following:

(A) Affirm, reverse or modify, in whole or in part, the order or award.

(B) Reinstate the previous order or award.