TCT.5.3.030 Starting an Administrative Appeal; Notice of Administrative Appeal; Petition; Record on Administrative Appeal

(a) Subchapter TCT.2.9 does not apply to this Chapter.

(b) Any Person that is not the Prevailing Party to a Final Agency Action, opinion, order, or judgment may initiate an administrative appeal only as provided in this Subchapter.

(1) To initiate an administrative appeal, a Person shall file a notice of administrative appeal with the Clerk of the Tribal Court, and serve the notice to all other parties, no later than thirty (30) days after the entry of the Final Agency Action from which the administrative appeal is taken.

(2) If one Party has timely and properly filed a notice of administrative appeal, any other Party in the case on administrative appeal may file a cross notice of administrative appeal within fifteen (15) days of service of the initial Party's notice of administrative appeal.

(3) Failure to file a timely notice of administrative appeal as provided in this Subsection deprives the Tribal Court jurisdiction over the administrative appeal, and accordingly, the right to an administrative appeal is deemed waived and administrative remedies are deemed exhausted.

(d) Petition for Review.

(1) Time. A Person that files a notice of administrative appeal shall file a Petition with the Court within sixty (60) days after the Final Agency Action that is the subject of the Petition is issued.

(2) Service. The Person shall serve the Petition to all Parties and to the Agency whose Final Agency Action is the subject of the Petition.

(3) Content. A Petition shall contain a concise statement of the nature of the proceedings as to which review is sought; the reason(s) an administrative appeal is sought; and the relief sought.

(4) Page Limit. The Petition shall not exceed twenty (20) pages, inclusive of any caption page, but not including any exhibits.

(5) Exhibits. The Petitioner shall attach to the Petition, as exhibit(s), a copy of the Final Agency Action appealed.

(6) Transmission of Administrative Record. Within thirty (30) days after service of the Petition, or within such further time as the court allows, the Agency shall transmit to the court the original or certified copy of the entire Administrative Record on which the Final Agency Action was based, unless the Parties stipulate that the Administrative Record be shortened.

(e) Response to Petition

(1) Any Party named in the Petition may file a response to the Petition within fifteen (15) days after the Petition is filed and served. A Party's decision not to file a response shall not be a basis for a default and shall not be considered in any subsequent proceedings on the merits of the Petition.

(2) Any response shall not exceed twenty (20) pages, inclusive of any caption page, but not including any exhibits.