5.06.100 Powers

(a) The board shall have power, and it shall be its duty:

(1) To meet and function at any place within Akwesasne;

(2) To adopt, promulgate, amend and rescind suitable procedural rules with respect to the functioning of the board and the setting of time limits for the hearing of appeals, the rendering of decisions on appeals, and the filing of the determination, decision or order of the board with the Environment Division;

(3) To hear appeals by any party to any wetland permitting proceeding before the Environment Division and from all orders or decisions of the Environment Division issued under this chapter, provided such appeals are started by filing with the Board a Notice of Appeal within thirty days after service of such order or decision;

(4) To receive briefs, and, where the board deems it advisable, to hear oral argument with respect to such appeals;

(5) To require the Environment Division to submit an original or certified copy of the entire record which any order or decision appealed from is based;

(6) To suspend the effectiveness of any order or decision of the Environment Division pending the determination of an appeal in proper cases and on such terms and conditions as the board may require.

(b) The board may affirm, remand, or reverse any order or decision of the Environment Division or remand the matter to the Environment Division for further consideration in whole, or in part, or with respect to any party. The Board shall limit its review to whether the order or decision of the Environment Division is:

(1) in conformity with the traditions and laws of Akwesasne;

(2) within the Environment Division's statutory jurisdiction or authority;

(3) made in accordance with procedures required by law or established by appropriate rules or regulations of the Environment Division;

(4) supported by substantial evidence on the whole record; or

(5) not arbitrary, capricious or characterized by abuse of discretion.

The Environment Division shall be bound by the decision of the Board except to the extent such decision is reversed or otherwise modified by the St. Regis Mohawk Tribal Council or a court of Tribal jurisdiction.