Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Law

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Turtle Mountain Band of Chippewa Indians Tribal Code.

33.06.060 Scope of Review

To the extent necessary to render a decision and when presented, the Tribal Court shall decide all relevant questions of law, interpret constitution and statutory provisions, and determine the meaning or applicability of the terms of the Director's action. The review court may:

(a) Compel Director action unlawfully withheld or unreasonable delayed;

(b) Hold unlawful and set aside Director action, findings, and conclusion found to be:

(c) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(d) Contrary to right, power, privilege, or immunity accorded by the Tribal Constitution or the Indian Civil Rights Act, 25 USC 1301 et seq.;

(e) In excess of statutory or code jurisdiction, authority, or limitations, or short of statutory rights; or

(f) Without observance of procedure required by law.

(g) In making the foregoing determinations, the court shall review the whole record before the Director or other parts of it cited by a party.

Original url: /us/nsn/tmchippewa/council/code/33.06.060

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