(1) In the event that a beneficiary misapplies program funds or makes misrepresentations during the application process the assistance will be deemed forfeited. Assistance may also be forfeited should said assistance be treated as a resource to the detriment of the Tribe or a beneficiary.

(2) A determination of forfeiture shall be made by the program administrator and must set forth the reasons and facts supporting the determination. Each program shall offer procedures that afford a beneficiary an opportunity to address forfeiture issues or concerns with the program administrator after a forfeiture determination is made. If the dispute is not resolved through said procedures, the program administrator’s determination of forfeiture may be reviewed by the Tribal Court’s trial court. The burden of proving that a beneficiary has used or pledged assistance in violation of this title shall be on the Tribe. The decision of the Tribal Court’s trial court shall be final and not subject to appeal.

(3) The Tribe shall have the right to recover any excess or improper payments made. In the event of forfeiture, the program administrator shall secure repayment from the beneficiary. The program administrator is authorized to offset any other payments owed to a recipient if such an offset is necessary to secure repayment of a welfare assistance payment in accordance with this section.