7.04.180 Judicial Review

No judicial review shall be allowed unless an application for reconsideration has been filed with and ruled upon by the Commission. Review of Commission actions in the Saint Regis Mohawk Tribal Court will be on the record made in the Commission hearing and not de novo and will be limited to the determination of whether the decision and order of the Commission is supported by substantial evidence, is arbitrary, capricious or an abuse of discretion, is beyond the Commission's authority, or otherwise contrary to applicable Saint Regis Mohawk Tribal or federal law. The Saint Regis Mohawk Tribal Court is empowered to affirm, reverse, or modify a decision and order of the Commission or to remand the matter to the Commission for further action, and it may stay the effect of the decision and order pending the appeal. The Commission will determine by its rules and regulations whether the right of appeal will exist with respect to its adoption of any proposed rule or regulation.