12/6/18
u The Answer Depends…
u What Does The Gaming Ordinance Require? u Formal “On-the-Record” Hearing? u Semi-formal Hearing? u Informal Meeting? u Exchange of written documents? u Is there other Applicable Tribal Law, such as a Tribal Administrative Procedures Act?
So What Process is Due?
Basic Procedures
u The APA Provide Certain Minimal Procedures Applicable to Both Formal and Informal Adjudications See, 5 U.S.C. § 555: u Right to Counsel for Parties Compelled or Entitled to Hearing u Conclusion of Matters in a Reasonable Time u Right to Appear, including interested persons if the “Orderly Conduct of Public Business Permits” u Prompt Notice of Denial of Applications u Statement of Reasons for Denial
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