8.04.090 Appeals

(a) Appeals. Decisions of the Residency Board denying a Residency Permit, that do not involve enrollment or eligibility determinations, may be appealed to the Saint Regis Mohawk Tribal Court which includes the Tribal Appellate Court. When the Board renders a decision denying a Permit it shall notify the applicant of the right to appeal and provide appeal information. Tribal Court proceedings will, to the extent consistent with this chapter, follow Tribal Court rules.

(b) Enrollment-Related Decisions. If the Board's decision to deny an application is based upon the application's membership or eligibility for membership under the Tribe's Membership Code that decision will be treated as a decision of the Tribal Clerk and it is appealable to the Tribal Membership Court under the Membership Code. When the Board renders a decision denying a Permit based upon the application's membership or eligibility for membership under the Tribe's Membership Code it shall notify the applicant of the right to appeal to the Membership Court and provide appeal information.

(c) Standard of Review. The Tribal Court's review of the Board's decision to deny a Permit application shall be limited to a review of the Application and any materials submitted by the Applicant to the Board and the Board's decision. The Tribal Court shall review the Board's decision under an "Arbitrary and Capricious, Contrary to Law" standard of review.

(d) No Further Appeal. Any decision of the Tribal Court (including any appeal to the Tribal Appellate Court) is final for the Tribe and there is no appeal to the Tribal Council.