Page 9 - calnagpra2001

-9- Ch. 818

(g) The comm1ss10n or designated mediator shall review all
complaints, responses, and supporting evidence submitted. Within 20
days after the date of submission of responses, the commission or
designated mediator shall hold a mediation session and render a decision
within seven days of the date of the mediation session.
(h) When the disposition of any items are disputed, the party in
possession of the items shall retain possession until the mediation
process is completed. No transfer of items shall occur until the dispute
is resolved.
(i) Tribal oral histories, documentations, and testimonies shall not be
afforded less evidentiary weight than other relevant categories of
evidence on account of being in those categories.
(j) If the parties are unable to resolve a dispute through mediation, the
dispute shall be resolved by the commission. The determination of the
commission shall be deemed to constitute a final administrative remedy.
Any party to the dispute seeking a review of the determination of the
commission is entitled to file an action in the superior court seeking an
independent judgement on the record as to whether the commission's
decision is supported by a preponderance of the evidence. The
independent review shall not constitute a de novo review of a decision
by the commission, but shall be limited to a review of the evidence on
the record. Petitions for review shall be filed with the court not later than
30 days after the final decision of the commission.
8017. If there is a committee or group of tribes authorized by their
respective tribal governments to accept repatriation of items originating
from their region and culturally affiliated with those tribal governments,
then the items may be repatriated to those groups.
8018. An agency or museum that repatriates human remains and
cultural items in good faith pursuant to this chapter is not liable for
claims by an aggrieved party or for claims of breach of a fiduciary duty
or the public trust or of violation of state law that are inconsistent with
this chapter. No action shall be brought on behalf of the state or any other
entity or person for damages or for injunctive relief for a claim of
improper disposition of human remains or cultural items if the agency
or museum has complied with the provisions of this chapter.
8019. Nothing in this section shall be construed to prohibit the
governing body of a California Indian tribe or group authorized by
Section 8017 from expressly relinquishing control over any human
remains or control or title to any cultural item.
8020. Notwithstanding any other provision of law, and upon the
request of any party or an intervenor, the commission or designated
mediator may close part of a mediation session to the public if the
commission or designated mediator finds that information required at

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