22.11.090 Judicial Review

(a) Upon the propose filing and availability for public inspection of a final order or decision of a Hearing Officer, any person aggrieved by such decision or order shall be conclusively presumed to have exhausted all the administrative remedies made available to aggrieved persons by the Turtle Mountain Band of Chippewa Tribe, and such aggrieved person is entitled to judicial review in Tribal Court. This section does not limit utilization of, or the scope of, judicial review available under other means of review, redress, relief or trial de novo provided by Tribal law.

(b) A party who proceeds before a Hearing Officer under the terms of a particular Tribal Law or implementing rule shall not be precluded, from questioning on judicial review the validity of the law or rule in Tribal Court, but such party may not raise any other question not raised before the Hearing Officer unless it is shown to the satisfaction of the court that there was good cause for failure to raise the question before the Hearing Officer.

(1) Filing a Notice of Appeal with the Hearing Officer within 20 days after service of the final decision or order, and

(2) Filing a petition for review with the court within 30 days after service of the final order or decision of the Hearing Officer. Copies of the petition shall be promptly served upon the agency affected and upon all parties of record.

(d) Unless otherwise provided by law, the filing of a Notice of Appeal or of a petition shall not stay enforcement of the decision or order of the Hearing Officer. The affected agency may grant or the reviewing court may order a stay upon terms which it considers proper.

(e) A petition for Tribal Court review shall include a statement of the manner in which petitioner is aggrieved, and the ground or grounds upon which petitioner contends he is entitled to relief. The petition shall demand the relief to which the petitioner believes he is entitled and the demand for relieve may be in the alternative.

(f) Within 15 days after receipt of a notice of appeal, the Hearings Officer shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings under review. By stipulation of all parties to the review proceeding, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.

(g) If application is made to the court within 10 days prior to the date set for court hearing on review, for leave to present additional evidence, alleging that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the Hearing Officer, the court may order that the additional evidence be taken before the Hearing Officer. The Hearing Officer may modify the findings and conclusions by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.

(h) The review shall be conducted by the court and shall be confined to the record. In cases of alleged irregularities of procedure before the Hearing Officer not shown in the record proof thereof may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.

(i) The Tribal Court may not substitute its judgment for that of the Hearing Officer unless substantial rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions or decisions are:

(1) In violation of applicable constitutional or statutory law;

(2) In excess of the delegated authority of the affected agency; made upon unlawful procedure;

(3) Made upon unlawful procedure;

(4) Substantially affected or prejudiced by other error of law;

(5) Clearly erroneous in review of the reliable, probative, and substantial evidence on the whole record;

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or

(7) Because findings of fact, upon issues essential to the decision were not made although requested.