3/25/19
So What Process is Due?
• The Answer Depends… • What Does The Gaming Ordinance Require? • Formal “On-the-Record” Hearing? • Semi-formal Hearing? • Informal Meeting? • Exchange of written documents? • Is there other Applicable Tribal Law, such as a Tribal Administrative Procedures Act?
Basic Procedures
• The APA Provide Certain Minimal Procedures Applicable to Both Formal and Informal Adjudications See, 5 U.S.C. § 555: • Right to Counsel for Parties Compelled or Entitled to Hearing • Conclusion of Matters in a Reasonable Time • Right to Appear, including interested persons if the “Orderly Conduct of Public Business Permits” • Prompt Notice of Denial of Applications • Statement of Reasons for Denial
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