§ 13-309 General administrative procedures.
A. Record Maintenance. The Program Administrator shall maintain the following files:
1. For each beneficiary, documentation establishing eligibility and all proof of disbursement of program funds.
2. For each individual determined to be ineligible, all information and documentation of the decision-making process to disapprove eligibility.
3. An annual ledger recording each and every payment of program assistance provided to a beneficiary during the applicable fiscal year. All ledgers shall be retained for a period of no less than seven (7) years.
4. For the program, record of all due diligence research conducted to support the annual assistance limit, including but not limited to surveys, cost samplings and other research pursuant to Section 13-305(B).
5. Any additional files the Program Administrator is expressly required to maintain as established by a program’s written guidelines.
B. Audit.
1. Beneficiaries may be required to submit documentation to annually recertify eligibility for annual assistance under this program.
2. Beneficiaries are required to use program assistance exclusively for the purposes stated of the program, as established by the written guidelines. Beneficiaries may be required to submit documentation to prove that program assistance was used or will be used exclusively for the established purposes. In the event that assistance payments are used or pledged for a purpose inconsistent with the purposes set forth in the program, the Tribe shall require the immediate repayment of the assistance payment.
C. Appeal Procedure. Should the Program Administrator disapprove eligibility of any member, the member may appeal the decision by filing a written notice with the Chairperson within fourteen (14) working days following the certified mailing of notice of disapproval. The office of the Chairperson shall have final authority, in the first instance, to adjudicate any claim arising from or relating to this chapter, and shall be empowered to require evidence in support of claims brought before the Chairperson.
D. The Tribal Court may hear an appeal of any decision of the office of the Chairperson; provided, that the claim was brought by a member, and any remedy of the Tribal Court awarded to the member shall be exclusively limited to reinstatement of the general welfare program benefit or portion thereof deemed payable. The decision of the Tribal Court on any claim of a member brought pursuant to this section may be appealed to the Appellate Panel. Thereafter, any decision shall be final and not subject to further appeal in any state or federal forum.
E. The programs may inform beneficiaries that the program is reporting information regarding benefits issued under the program to the IRS and other governmental agencies. However, the programs shall not, either directly or indirectly, provide any advice, opinion, or statement to anyone regarding the taxability of any benefit provided to members under any tribal general welfare program. Any statement regarding taxability should be limited to the following: “The Tribe has established and administers the program through which you are receiving these benefits in a manner that is intended to ensure you are not taxed on the amounts you receive. However, we cannot guarantee that such benefits are actually tax free, as that determination may depend upon your individual circumstances and other factors beyond the Tribe’s control.” (Res. 2023-44 Exh. A; Res. 2023-18 Exh. A; Res. 2023-18 Exh. A. Formerly 13-307)