04010325 - Level III

11/10/22

• The Answer Depends…

• What Does The Gaming Ordinance Require? • Formal “On-the-Record” Hearing? • Semi-formal Hearing? • Informal Meeng? • Exchange of wrien documents? • Is there other Applicable Tribal Law, such as a Tribal Administrave 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 Adjudicaons See, 5 U.S.C. § 555: • Right to Counsel for Pares Compelled or Entled to Hearing • Conclusion of Maers in a Reasonable Time • Right to Appear, including interested persons if the “Orderly Conduct of Public Business Permits” • Prompt Noce of Denial of Applicaons • Statement of Reasons for Denial

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