22.03.010 Definitions

(a) For the purpose of this title:

(1) Agency means any board, bureau, commission, department, or officer of the Turtle Mountain Band of Chippewa Tribe, whether or not it or such person is subject to review by another Tribal agency which is authorized by law to confer or deny a benefit, to exact a penalty or sanction, to determine contested cases, or to enter into contracts, provided that the provisions of this ordinance do not apply to the following:

(2) The Tribal Council; or

(3) The Tribal Court.

(4) Agency action includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or the failure to act.

(5) Adjudication means administrative process for the formulation of an order.

(6) Contested case means any administrative proceeding which a determination of legal rights, duties, or privileges of a party is made after adequate notice and an opportunity to be heard.

(7) Ex parte communication means an oral or written communication not on the public record with respect to which reasonable prior notice is not given to all parties, but it shall not include requests for status reports on any matter or proceeding covered by this Ordinance.

(8) License includes the whole or any part of an agency permit, certificate, approval, registration, or other form of permission required by law. "Licensing" includes the agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, modification, of conditioning of a license.

(9) Order means the whole or part of a final administrative disposition whether in affirmative, negative, injunctive, or declaratory for or in a matter other than rulemaking.

(10) Party includes a person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party in an administrative proceeding.

(11) Person includes an individual, partnership, corporation, association or public or private organization other than an agency, without regard to the Tribal affiliation, if any, of the individual or entity. "Public" includes all persons residing of doing business within the Turtle Mountain Reservation.

(12) Relief includes the whole or part of an agency action which includes:

(13) A grant of money, assistance, license, authority, exemption, privilege or remedy;

(14) The recognition of a claim, a right, immunity, privilege, exemption, variance, or exception; or

(15) The taking of other action on the application or petition of , and beneficial to a person.

(16) Rule means each regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedures of an agency. The term includes amendment or repeal of a prior rule.

(17) Sanction includes the whole or any part of an agency action:

(18) Withholding relief;

(19) Imposing a penalty or fine;

(20) Seizing or withholding personal property;

(21) Assessment of damages, reimbursement, restitution, costs, compensation, charges, or fees;

(22) Revocation or suspension of a license; or

(23) Taking other compulsory or restrictive action

(24) Substantive rule creates a right, duty or obligation.