Section YAE.10.07 — Preliminary Determination
(a) Human Resources shall make a Preliminary Determination by utilizing Risk Review Procedures whether an applicant is eligible for licensing after reviewing the application, CIB, findings, Sexual Registry results, and fingerprint (if available) reports from Compliance.
(1) Two individuals must be involved to make the Preliminary Determination. In most case, the two individuals should be from Human Resources. If Human Resources has only one individual available to make the Preliminary Determination, the Tribal Administrator shall be substituted.
(2) The intent of the Preliminary Determination is twofold:
(A) If it appears that the applicant might not be eligible for licensing, Human Resources must reduce to writing the specific reasons why an applicant might not be eligible for licensing, and,
(B) Provide the applicant an opportunity to clarify, refute, or dispute information contained in the background investigation.
(3) If the background investigation leads to a Preliminary Determination that a license will be not be issued, the applicant receives written notification from Human Resources by U.S. mail that a Preliminary Determination has been made that the applicant is not eligible for licensing.
(4) The notification must contain:
(A) A statement that a Preliminary Determination indicates that the applicant is not eligible for licensing.
(B) A specific statement regarding the information or factors that led to the preliminary decision.
(C) A statement that a Final Determination will be made 10 business days from the date the notification was sent, and the applicant must respond in writing to Human Resources.
(i) The notification must state that if the applicant does not respond to Human Resources with 10 business days, the applicant waives their right to appeal to Tribal Court.
(ii) If the applicant does not respond within 10 business days to explain, deny, or refute unfavorable and incorrect information from the background investigation, Human Resources will make a Final Determination denying the Elder/Youth license to the applicant.
(D) A statement that the applicant has the opportunity and responsibility to explain, deny, or refute unfavorable and incorrect information gathered in the investigation before the Final Determination is made.
(E) A written summary of the background investigation and explanation of the process Human Resources utilized in making its decision.
(i) The applicant is not entitled to view the actual reports (from federal, state, tribal, or county courts or agencies) utilized in the investigation, but may view summaries compiled by Compliance or Human Resources.
(ii) The applicant may contact the originating federal, state, tribal, or county court or agency to receive a copy of the actual reports that Compliance and/or Human Resources utilized in order to challenge the accuracy and completeness of the report.