TCT.5.1.020 Jurisdiction of the Lac Courte Oreilles Tribal Court

(a) Jurisdiction. In addition to and consistent with §TCT.2.3.020, the Tribal Court shall have exclusive jurisdiction to review the actions of the Financial Services Regulatory Authority, as provided herein. The decision of the Tribal Court shall be final as to all such review.

(b) Exhaustion. When a person has exhausted all administrative remedies available within the Agency and is aggrieved by a final decision or order in a Contested Case, whether such decision or order is affirmative or negative in form, the decision or order is subject to direct review by the Tribal Court. Exhaustion of administrative remedies does not require the filing of a motion or application for rehearing or reconsideration unless the Agency rules require the filing before judicial review is sought.

(c) Administrative Appeal by Right or by Leave. An administrative appeal of an Agency Action shall be by right when expressly authorized by Tribal law or regulation. An administrative appeal of an Agency Action shall be by leave in all other circumstances and granting leave shall be within the discretion of the Tribal Court after review of a Petition filed under this Chapter.

(d) Constitutionality. In an administrative appeal properly filed under this Chapter the jurisdiction of the Tribal Court shall include the authority to determine the constitutionality of acts of any Person, the Governing Board, or any Tribal subdivision or Agency.