TUC.2.3.140 Judicial Review

(a) Any party to any proceeding heard by the Commission who is aggrieved by the decision or by the entry of any final order or decision of the Commission is entitled to judicial review in the Tribal Court within thirty (30) days of the Commission's final order or decision. A preliminary, procedural, or intermediate Commission action is not subject to review.

(b) An action in the Tribal Court seeking relief other than damages, attorneys' fees or costs against the Commission or an officer or employee thereof shall not be dismissed nor relief be denied on the grounds that it is against the Tribe or that the Tribe is an indispensable party and, for the limited purposes of this Title, the Tribe hereby waives the sovereign immunity of the Director, the Commission, and its members for the limited purpose of Tribal Court review of decisions of the Director and the Commission. Such waiver of immunity is further limited to prospective, equitable relief, including declaratory and injunctive relief, and does not include money damages of any kind.

(c) Nothing herein either affects other limitations on judicial review or the power or duty of the Tribal Court to dismiss any action or deny relief on any other appropriate legal or equitable grounds; or confers authority to grant relief if any other tribal law that grants consent to suit expressly or impliedly forbids the relief which is sought.

(d) When the Commission finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required, and to the extent necessary to prevent irreparable injury, the Tribal Court may issue all necessary and appropriate process to postpone the effective date of a commission action or to preserve the status quo or rights pending conclusion of the review proceeding.

(e) To the extent necessary, the Tribal Court shall decide all relevant questions of law, interpret constitutional provisions and all other tribal law, and determine the meaning or applicability of the terms of the Commission's action. The Tribal Court may change the final order of the Commission only upon a finding that:

(1) The Commission action unlawfully withheld or unreasonably delayed the rights of the parties involved

(2) The findings and conclusions of the Commission are found to be, by clear and convincing evidence:

(A) Arbitrary and capricious or an abuse of discretion;

(B) Contrary to any right, power, privilege, or immunity accorded by the Tribal Constitution or the Indian Civil Rights Act, 25 U.S.C. § 1301, et. seq., as amended;

(C) In excess of jurisdiction, authority, or limitations granted by tribal law;

(D) In making the foregoing determinations, the Tribal Court shall review the whole record before the Commission or those parts of it cited by a party. In order to facilitate such review, the administrative record shall be kept in complete form by the Commission.