11/10/22
• The Answer Depends…
• What Does The Gaming Ordinance Require? • Formal “On-the-Record” Hearing? • Semi-formal Hearing? • Informal Mee5ng? • Exchange of wri\en documents? • Is there other Applicable Tribal Law, such as a Tribal Administra5ve Procedures Act?
So What Process is Due?
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Basic Procedures
• The APA Provide Certain Minimal Procedures Applicable to Both Formal and Informal AdjudicaDons See, 5 U.S.C. § 555: • Right to Counsel for Par6es Compelled or En6tled to Hearing • Conclusion of MaSers in a Reasonable Time • Right to Appear, including interested persons if the “Orderly Conduct of Public Business Permits” • Prompt No6ce of Denial of Applica6ons • Statement of Reasons for Denial
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