12/4/20
ADMINISTRATIVE RECORD
¡ Importance of an Administrative Record ¡ Create a paper trail documenting decision-making process and basis for agency decision. ¡ Record should reflect the following: ¡ TGRA collected the available information ¡ Considered all relevant factors ¡ Made a reasoned decision based upon credible, substantial evidence in the record ¡ The administrative record will be your greatest weapon in defending against challenges to agency actions.
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¡ Cases may be non-binding, but that doesn’t mean it can be ignored. ¡ The Supreme Court has left questions unanswered that may lead to state interpretation like the depublished opinion. ¡ Sovereign Immunity is an affirmative defense, which means the tribe or tribal official must present it when suit is filed.
FINAL THOUGHTS
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