(1) A hearing held for the purpose of contesting the determination that a civil infraction has been committed shall be without a jury and shall be recorded.

(2) The Court may consider the notice of civil infraction and any other written report made under oath submitted by the enforcement officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer’s personal appearance at the hearing. All parties may request the issuance of subpoenas for witnesses, including the enforcement officer who issued the notice, and shall have the right to present evidence and examine witnesses.

(3) The burden of proof is upon the Tribes to establish the commission of the civil infraction by a preponderance of the evidence.

(4) After consideration of the evidence and argument, the Court shall determine whether the civil infraction was committed. Where it has not been established that the civil infraction was committed, an order dismissing the notice shall be entered in the Court’s records. Where it has been established that the civil infraction was committed, an appropriate order shall be entered in the Court’s records. The Court shall include in its order the amount of civil penalty requested and may order additional payments made to the Tribes if the Tribes is able to show additional costs necessary to remedy the events causing the infraction.

(5) The appeal from the Court’s determination or order shall be to the Cowlitz Tribal Court of Appeals. The Court of Appeals shall hear the appeal on the law or the Tribal Court record and shall not accept new evidence.