TCT.5.3.090 Administrative Appellate Opinions; Remand; Mandate; Final Decision

(a) All administrative appeals shall be heard by the judge and without a jury.

(b) Scope of Review. An administrative appeal of a Final Agency Action shall be limited to the Administrative Record and any other properly admitted evidence.

(1) The Agency's findings of fact, factual inferences, and findings, explicit or implicit, of witness credibility, shall be sustained unless clearly erroneous.

(2) The Tribal Court shall give deference to an Agency's reasonable interpretation and application of the Tribal law and applicable federal laws and regulations;

(3) The Agency's discretionary determination shall be sustained if the record reflects that the Agency exercised discretion and applied the appropriate legal standard to the admissible facts of record. The Agency's imposition of fines, forfeitures, and other penalties or remedial measures, not including the assessment of damages, shall be reviewed as a discretionary determination.

(4) The Agency's conclusions of law are reviewed de novo.

(5) A stipulated, uncontested, or documentary fact is reviewed de novo.

(6) The meaning of an unambiguous contract is reviewed de novo.

(7) Whether a finding of fact or a conclusion of law has been properly labeled as such by the Tribal Court is reviewed de novo.

(d) The court, as appropriate, may affirm, reverse, or modify a Final Agency Action or remand the matter to the Agency for further proceedings.

(e) Grounds for reversal. The court shall set aside a Final Agency Action, findings, and conclusions found to be:

(1) In violation of any tribal or applicable federal law.

(2) In excess of the statutory authority or jurisdiction of the Agency.

(3) Made upon unlawful procedure resulting in material prejudice to a Party.

(4) Unsupported by competent, material, and substantial evidence on the whole record.

(5) Arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion.

(6) Affected by other substantial and material error of law.

(f) The Tribal Court shall not substitute its judgment for that of the Agency on a matter committed to the discretion of the Agency. Mere disagreement with the Agency's reasoning is not a basis for reversal.

(g) Decisions.

(1) Within a reasonable time after oral argument and the close of briefing, the Court shall issue its decision as an opinion and order.

(2) All decisions shall be in writing, shall specify the relief granted, if any, and shall state the Tribal Court's rationale therefore.

(3) Additionally, the decision shall include:

(A) a determination on Tribal Court's jurisdiction over the administrative appeal,

(B) findings of fact,

(D) whether the administrative process has been exhausted.

(4) The decision shall include instructions to the Agency detailing how to proceed upon remand, when applicable. The Agency shall be bound by the decision in all respects.

(h) Reconsideration. A request for reconsideration of a Tribal Court decision made under this Subchapter shall be filed in the Tribal Court within fifteen (15) days of the filing of any decision or order of the Tribal Court. The request for reconsideration shall state the specific change(s) in the decision sought, and all reasons, and the authority therefore, for the change(s). Any non-requesting Party shall have fifteen (15) days from the date of service of the request to respond. Oral argument on a request for reconsideration is discretionary with the Tribal Court.

(i) The Tribal Court's opinion and order is a final decision and shall become final once the time for requesting reconsideration has expired or after the Tribal Court issues a decision on any request for reconsideration, whichever is later. The Tribal Court's opinion and order may not be appealed.

(j) The Clerk shall, within two days of their filing, furnish copies of the decision and any order of the Tribal Court to the Agency and the Parties.