15.02.220 Tribal Court Review

(a) Final decisions of the CCB may be appealed by an applicant to the Saint Regis Mohawk Tribal Court (trial level).

(1) The appeal shall be filed with the Tribal Court Clerk within thirty (30) days of the date of the CCB's final decision.

(2) The Tribal Court shall review the appeal based upon the administrative record before the CCB.

(3) The Tribal Court will base its decision upon the "arbitrary and capricious" standard of review.

(A) The arbitrary and capricious standard of review means that the CCB's decision will only be set aside only if there has been a clear error of judgment.

(B) Review under the standard is narrow and the reviewing court may not substitute its judgment for that of the CC.

(C) The Tribal Court must determine whether the decision was based on a consideration of the relevant factors and whether there was clear error.

(4) The Tribal Court's decision shall be final and non-appealable.