Current through Register Vol. 23, December 6, 2024
Rule 2.65.403 - PETITION TO ADD A TRIBE(1) A person, as defined in 22-3-903(12), MCA, or tribe may petition the board to add a tribe or tribes to the list in ARM 2.65.402. The petition must be in writing and include evidence supporting the proposal to add a tribe or tribes to the list.(2) The board shall consider each petition and decide, based on the petitioner's evidence and any other evidence coming to the board's attention, whether adding a tribe or tribes to the list is justified.(3) If, based on a preponderance of the evidence, the board finds that the petition documents an identifiable earlier tribe, the board shall propose to amend ARM 2.65.402.(4) If, based on a preponderance of the evidence, the board finds that the petition fails to document an identifiable earlier tribe, the board shall dismiss the petition without prejudice, allowing a person to resubmit a petition with additional evidence.NEW, 2013 MAR p. 785, Eff. 5/10/13.22-3-904, MCA; IMP, 22-3-903, 22-3-904, MCA;