TCT.5.2.010 General Definitions

(a) In addition to the terms defined in §TCT.2.2.010, the following definitions apply to this Chapter:

(1) "Administrative Record" means the documents submitted in a Contested Case and shall include all the documents relied upon by the Agency in determining to take an Agency Action appealed under this Chapter.

(2) "Agency" means the Financial Services Regulatory Authority.

(3) "Agency Action" means the Agency's act of issuing a rule, order, license, sanction, relief, or the equivalent or denial thereof, or the Agency's failure to act when such Action was required pursuant to Tribal law or regulation.

(4) "Contested Case" means an administrative proceeding in which a determination of the legal rights, duties, or privileges of a named Party is required by law to be made by the Agency after an opportunity for an evidentiary hearing.

(5) "Final Agency Action" means an Agency Action subject to administrative appeal. An Agency Action is a Final Agency Action when it is the consummation of the Agency's decision-making process and from which legal consequences shall flow and is made explicitly reviewable by Tribal law, regulation, or of which there is no other adequate remedy.

(6) "Party" means a Person or Agency named, admitted, or properly seeking and entitled of right to be admitted, as a party in a Contested Case. In a Contested Case regarding an application for a license, a Party includes the applicant for the license.

(7) "Person" means an individual, partnership, association, corporation, limited liability company, limited liability partnership, or other legal entity, however organized. The term does not include any government, governmental subdivision, or Agency.

(8) "Petition" means a written request to the Tribal Court to initiate an administrative appeal of a Final Agency Action.

(9) "Petitioner" means a person who files a Petition.

(10) "Prevailing party" means the party in whose favor a judgment, decree, or final order, after administrative appeal (if any), is rendered with respect to the claims or defenses, when based on the entire record.

(11) "Respondent" means the party responding to a Petition.

(b) Any term not defined in this Section or in §TCT.2.2.010 shall be given its ordinary meaning.