Master Licensing Investigation Training Book

12/6/18

Appeals

§ The ability of a person to appeal a final decision of the TGRA who is directly affected by an order or judgment is important to due process and fairness of the proceedings. § Appeals should be based upon a standard of review and assigned to a tribal court or entity who is separate from the TGRA and knowledgeable in making such determinations. § The expertise of the TGRA should be considered and the bases for appeal should be limited to the record the final determination was based upon and whether the action was: § Arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law; § Contrary to tribal law or other applicable controlling laws; § In excess of statutory jurisdiction and authority; § Without observance of procedure required by law and without due process; or § Unsupported by the evidence.

Licensing Application Hearing - Example

§ A construction vendor applying for a license was investigated per the standards of a Key employee. § The investigation revealed that the vendor was associated with the manufacture and sale of drugs, stolen property, and associated with known criminals. § A Notice for the Preliminary Decision to Deny a License was provided to the vendor and a hearing scheduled. § When faced with the allegations the vendor requested to withdraw their application.

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