Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section TCT.02.23 — Administrative Appeals

(a) The Trial Court shall have jurisdiction to hear appeals from tribal departments, panels, committees or agencies when such appeals are authorized by tribal law when a plaintiff has alleged a material error of law, a material error of fact, or an abuse of discretion by the tribal department, panel, committee or agency.

(b) The Trial Court shall apply the rules of civil procedure contained herein to any appeal filed under subdivision (A) above.

(c) The Trial Court shall give deference to the decision rendered by a tribal department, panel, committee or agency and shall not disturb the entity's action unless it finds, based on evidence in the record, a material error of law or fact or an abuse of the entity's discretion.

(d) Upon the filing of a Complaint, filed under this subsection, the Clerk of Court shall contact the tribal department, panel, committee or agency named in the Complaint and request that the full record of the administrative proceeding by provided to the Tribal Court System within 30 days.

(e) The Trial Court shall conduct reviews under this subsection without a jury and shall be confined to the record, except that in cases where there is an allegation of the discovery of new evidence, testimony may be taken regarding the new evidence.

(f) Unless the Trial Court finds a ground for setting aside, modifying, remanding or ordering the entity to take certain action or other relief as specified in this section, it shall affirm the administrative agency's action.