Section YAE.10.08 — Final Determination

(a) Human Resources shall make a Final Determination whether a license shall be issued after the applicant has had an opportunity to respond to the Preliminary Determination.

(1) Two individuals must be involved to make the Final Determination. In most cases, the two individuals should be from Human Resources. If Human Resources has only individual available to make the Final Determination, the Tribal Administrator shall be substituted.

(b) If the applicant has not responded to the Preliminary Determination to deny a license, Human Resources shall make a Final Determination.

(1) Human Resources may review the Preliminary Determination to make the Final Determination, but is not obligated to.

(2) Human Resources, via U.S. mail must notify the applicant that a Final Determination has been made

(A) The notification shall contain the applicable portions from the Preliminary Determination.

(B) The notification shall state that because the applicant did not respond to the Preliminary Determination, the applicant has waived their right to appeal, unless good cause can be shown to the Tribal Court.

(c) If the applicant has responded to the Preliminary Determination, Human Resources shall make a Final Determination utilizing the Risk Review Procedures and shall consider the following:

(1) Despite the potential risk of harm to elders/youth, has the applicant has demonstrated by clear and convincing evidence that the applicant should not pose a foreseeable threat to elders/youth and is eligible for licensing.

(d) If the applicant has responded to the Preliminary Determination and is not eligible for licensing, the applicant receives written notification via U.S. mail that a Final Determination has been made that the applicant is not eligible for licensing.

(1) The final notification must contain:

(A) Relevant information from the Preliminary Determination.

(B) Notice of right to appeal to Tribal Court, if the applicant has not waived their right to appeal.

(D) A statement that the applicant may reapply for licensing 24 months from the date of this application being initiated by the applicant.

(e) If a license is issued to the applicant, the license shall be valid for no longer than four years, and shall be subject to subsequent background investigations.