On its own initiative or pursuant to a complaint, the Commission or Director shall make such public
or private investigation within the Spokane Reservation as the Director or the Commission deems
appropriate and necessary to determine whether any provision of this Ordinance or any rules,
regulations or orders hereunder have been violated.
a) The Director or his duly authorized delegate may enter, during business hours, the place of
business or employment of any employer he deems necessary to monitor compliance with
the requirements of this Ordinance or any Rule or orders hereunder.
b) The Director or his delegate shall bear and show official identification adequate to identify
them as the authorized agents of the Commission to make such investigation.
6.4
HEARING PROCEDURE
Hearing shall be governed by the following rules of procedure:
a) All parties may present testimony of witnesses and other evidence and may be represented
by counsel at their own expense.
b) The Commission may have the advice and assistance of counsel provided by the Tribe.
c) The chairperson of the Commission, or the Vice-Chairperson, shall preside and the
Commission shall proceed to ascertain the facts in a reasonable and orderly fashion.
d) The hearing may be adjourned, postponed and continued at the discretion of the
Commission.
e) At the final close of the hearing, the Commission may take immediate action or take the
matter under advisement.
f)
The Commission shall notify all parties in writing 30 days after the hearing of its decision in
the matter.
g) If any party fails to appear for a hearing then it may be ruled as forfeiture by default.
6.5
POWER TO REQUIRE TESTIMONY AND PRODUCTION OF RECORDS
For the purpose of investigations or hearings which, in the opinion of the Director or the Commission
are necessary and proper for the enforcement of this Ordinance, the Commission or the Director, or
any designee may administer oaths or affirmation, subpoena witnesses, take evidence, and require,
by citation, the production of books, papers, contracts, agreements or other documents, records or
information which the Director or the Commission deems relevant or material to the inquiry.
6.6
PRE-HEARING PROCEDURES
a) Review of TERO Files
The Respondent (the employer or entity against whom a charge has been filed) shall have
the right to review the case file of the Director by scheduling an appointment with him for
that purpose during regular working hours at any point after receiving notice of a hearing.
The Director shall remove any portion of the file to protect what is deemed confidential.
b) List of Witnesses
Ten days prior to the hearing (or as soon as possible if the hearing is to be held within 10
days after notice), the Respondent and the Director shall submit to the Commission
Chairperson a list of witnesses each intends to call at the hearing, the approximate length of
their testimony, and the general substance of said testimony. It shall indicate any witnesses
410
Revised Spokane Law & Order Code, 5/14/2013