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

Section YAE.10.10 — Appeal Rights And Limited Waiver Of Sovereign Immunity

(a) Notwithstanding Chapter TCT.02 of the Tribal Ordinances, the Tribal Court has jurisdiction to review Human Resources Final Determination if an applicant has been denied an elder/youth license, if the applicant has not waived their right to appeal by failing to respond after the Preliminary Determination.

(1) The Tribal Court may grant jurisdiction to an applicant who has waived their right to appeal only if good cause can be shown.

(b) The Tribal Court hearing shall be closed to the public, except for the relevant parties to the case.

(c) The Tribal Court's review shall be from the record of the license application process, unless good cause can be shown.

(d) The Tribal Court's standard of review is abuse of discretion.

(1) Because the licensing determination is very fact specific, is performed by a Tribal department that regularly makes Human Resource/employment decisions, and Tribal Council has determined that elders/youth are in need of protection, the Tribal Court's review of the license determination will be restricted to the following:

(A) The Court will not remand a Human Resource's Final Determination unless,

(i) Human Resources made a plain error in the process of making of making its Final Determination, or,

(ii) The determination to deny a license was so unreasonable that a reasonable person could not have made a similar determination.

(2) The applicant's sole remedy is to remand the Final Determination to Human Resources for reconsideration of the Final Determination.

(e) Standing: Only the applicant (or their attorney) has standing to request that the Tribal Court review the Final Determination.

(f) The waiver provided in this Ordinance is granted only for suits in the Stockbridge-Munsee Tribal Court. The Stockbridge-Munsee Community does not waive its immunity from suit to any suits brought in any court other than the Stockbridge-Munsee Community Tribal Court.

(g) Notwithstanding the Administrative Appeals Ordinance (Section TCT.02.23), and notwithstanding waivers contained in some Tribal Ordinances and procedures, the terms of this appeal Ordinance control all aspects of the appeal process for this Ordinance.

(h) Applicant shall pay a filing fee of twenty-five dollars to the Tribal Court, unless the Tribal Court waives the fee upon a showing of financial hardship.