CMP.2.9.060 Appeals

(a) Petition. Any party to a proceeding brought under Section CMP.2.9.040 may appeal the Authority's Final Decision and Order by filing a written petition to appeal with the Tribal Court according to the Tribal Court Rules of Procedure. The Authority shall not be a party to any appeal.

(b) Any appeal shall be an administrative appeal and shall not constitute an original civil action and shall not constitute a suit against the Tribe.

(c) Perfecting Appeal. Upon perfecting an appeal by filing a petition, the Authority shall lose jurisdiction over the dispute. If the matter is remanded, the Authority shall regain jurisdiction for any additional proceedings.

(d) Appellate Standards. Unless superseded by later enacted Tribal administrative procedures and/or Tribal Court Rules, the Tribal Court shall adhere to the following appeal standards:

(1) The Tribal Court shall limit its review to the administrative record. The Tribal Court shall implement a briefing schedule and detail briefing policies, procedures, and format;

(2) the Tribal Court has discretion to allow oral arguments on the appeal;

(3) The Tribal Court shall give deference to the Authority's reasonable interpretation and application of the Code and applicable federal laws and regulations;

(4) If the Tribal Court concludes that the Authority's decision and order is arbitrary and capricious or that it is not supported by the evidence, the Tribal Court may reverse and/or remand the Authority's decision and order. Mere disagreement with the Authority's findings is not a basis for reversal.

(5) If the Tribal Court concludes that the Authority's conclusions of law conflict with Tribal law or the Tribal Constitution, or are in conflict with applicable federal law, the Tribal Court may either reverse and remand the Authority's decision to the Authority for additional proceedings or enter a decision and judgment.

(6) The Tribal Court may implement additional rules to manage appeals that are not inconsistent with this Code.

(e) Opinion and Order. Within a reasonable time after oral argument, the Tribal Court shall issue a written opinion and order.

(f) The Tribal Court's opinion and order may not be appealed.

(g) Final Judgment; Exhaustion of Tribal and Administrative Remedies. A Tribal Court's opinion and order shall be confirmed by the Authority by Final Judgment which exhausts tribal and administrative remedies. No action shall be brought in any court by any party until the dispute procedures in Section CMP.2.9.030 or Section CMP.2.9.040 and the appeal procedure in this section are fully exhausted.