CHAPTER 2-4 ADMINISTRATIVE PROCEDURE ACT

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2-4-1

Administrative Procedure Act Limited in Its Application

Unless the Colville Tribal Council shall act by resolution to make this Chapter, the Colville Administrative

Procedure Act, applicable to other administrative actions taken by the Tribe, this Chapter, Chapter 2-4, shall

only be applicable to Chapter 4-5 (On-Site Wastewater Treatment and Disposal); Chapter 4-6 (Mining

Water Quality Protection); Chapter 4-7 (Forest Practices Water Quality); Chapter 4-8 (Water Quality

Standards); Chapter 4-9 ( Hydraulics Project Permitting); Chapter 4-10 (Water Use and Permitting);

Chapter 4-15 (Shoreline Management); Chapter 10-1 (Tribal Employment Rights); and Chapter 10-3

(Indian Preference In Contracting) of the Colville Tribal Code.

(Chapter 4-9 through 10-3 included 8/10/01)

(Amended 9/6/01, Resolution 2001-495)

2-4-2

Findings

(a) The Colville Confederated Tribes have a primary interest in assuring that the administrative procedures

carried out by the Tribe, and implemented through its subordinate administrative bodies pursuant to Tribal

law, are consistent with the basic principles of common sense, justice and fairness. The Colville

Administrative Procedure Act is intended to implement the following major principles:

(1) Except in emergencies, all rule-making, both procedural and substantive, shall be accompanied

by notice to interested persons, and opportunities to submit views or information;

(2) Proper publicity shall accompany the enactment of all administrative rules;

(3) Provision shall be made for advanced determination of the applicability of the administrative

rules to particular cases;

(4) Administrative adjudicatory hearings shall be fundamentally fair, particularly in regard to such

matters as notice, rules of evidence, taking of official notice, and preparation of the Administrative

Record;

(5) Responsible deciding officers and Agency heads in quasi-judicial cases shall be personally

familiar with the evidence presented in that proceeding; and

(6) Adequate provision shall be made to provide for judicial review of administrative errors.

(b) The Colville Confederated Tribes have jurisdiction to enforce the Colville Administrative Procedure Act

and to insure that all persons, whether residing upon the Colville Indian Reservation or conducting business

or other activities within the exterior boundaries of the Reservation are provided with due process of law.

Tribal jurisdiction of all such persons and lands is necessary to protect the economy, health, safety and

welfare of the Reservation population.

2-4-3

Definitions

For the purpose of this Chapter:

(a) "Agency" means any tribal board, commission, department, or officer, authorized by law to propose

rules for adopting by the Business Council or to adjudicate contested cases, except that the term "agency"

shall not include either the Business Council or any Tribal Court.

(b) "Rule" means any order, directive or regulation of general applicability enacted into law by the Business

Council:

(1) The violation of which subjects a person to a civil fine, civil penalty or other civil

administrative sanction;

(2) Which establishes, alters or revokes any procedure, practice or requirement relating to agency

hearings;

(3) Which establishes, alters or revokes any qualification or requirement relating to the enjoyment

of benefits or privileges conferred by law;

(4) Which establishes, alters or revokes any qualifications or standards for the issuance,

suspension or revocation of licenses to pursue any commercial activity. The term includes the

amendment or repeal of a prior rule, but does not include:

(i) Statements concerning only the internal management of an agency and not affecting

private rights or procedures available to the public; or

(ii) Declaratory rulings issued pursuant to this Chapter as now or hereafter amended.

and environmental administrative appellate body of the Colville Confederated Tribes.

(d) "Contested case" means a proceeding before an agency in which an opportunity for a hearing before

such agency is required by law prior or subsequent to the determination by the agency of the legal rights,

duties, or privileges of specific parties. Contested cases shall also include all cases of licensing where a

license is revoked, suspended, or modified, or in which the granting of an application is contested by a

person having standing to contest such matter under the law.

(e) "Council" or "Business Council" means the Colville Business Council of the Colville Confederated

Tribes.

(f) "License" or "permit" means the whole or part of any agency approval, registration, or any form of

permission required by law to engage in any activity.

(g) "Licensing" or "permitting" means the agency process respecting the grant, denial, renewal, revocation,

suspension, annulment, withdrawal, or modification of a license or permit.

(h) "Person" means any individual, association of individuals; partnership; private, public, tribal or

municipal corporation; tribal enterprise; company; business enterprise; any county, tribal, federal, state or

local government; or any governmental entity.

(i) "Reservation" means all land within the exterior boundaries of the Colville Indian Reservation

established on July 2, 1872 by Executive Order, and to the greatest extent permissible by law, such other

lands as have been or may be added to the reservation or held in trust by the United States for the

Confederated Tribes of the Colville Reservation or its members.

(j) "Reservation population" means all persons who reside on or otherwise conduct business or other

activities on any lands, whether trust or fee, within the exterior boundaries of the Colville Indian

Reservation.

(k) "Reservation resources" or "Reservation environment" means land, surface and ground water, fish,

biota, plants, animals, air, wildlife and capital improvements on the Colville Indian Reservation.

(l) "Secretary" means the Secretary of the Colville Business Council.

(m) "Sponsoring Agency" means the tribal agency which prepares a rule or other matter under this Chapter

for action by the Business Council.

(n) "Tribe" means the Colville Confederated Tribes.

2-4-4

Adoption of Rules of Practice and Procedure—Public Inspection of Agency Orders, Decisions and

Opinions

In addition to other rule-making requirements imposed by law:

(a) Each agency may adopt informal procedures prescribed or authorized by this Chapter, together with

forms and instructions.

(b) To the extent not prohibited by federal law nor prohibited for reasons of confidentiality by Tribal law,

each agency shall keep on file for public inspection all final orders, decisions and opinions in contested

cases and any index to those orders, decisions or opinions prepared by the agency for its own use. No

agency order, decision or opinion is valid or effective against any person, nor may it be invoked by the

agency for any purpose, unless, upon reasonable request therefore, it is available for public inspection. This

provision is not applicable in favor of any person who has actual or constructive notice knowledge of the

agency order, decision or opinion in question.

2-4-5

Notices of Intention to Adopt Rules and Opportunity To Submit Data

(a) Prior to proposing that the Business Council adopt, amend, or repeal any rule, the sponsoring agency

proposing that the Business Council take such action shall:

(1) Publish notice thereof either in the Colville Tribal Tribune, or in two (2) other newspapers of

general circulation in Okanogan and Ferry Counties, and mail a copy of the notice to all persons

who have made timely request to the agency for information regarding the proposed rule-making

proceedings. Such notice shall include:

(i) Reference to the authority under which the rule is proposed;

(ii) A statement of either the terms or substance of the proposed rule or a description of

the subjects and issues involved; and

(iii) The time when, place where, and manner in which interested persons may present

their views thereon;

(2) Afford all interested persons reasonable opportunity to submit data, views, or arguments in

writing. Opportunity for public hearing may be granted if requested in a timely manner and

determined by the sponsoring agency to be in the public interest. It is the intent of this Chapter that

reasonable and timely requests for public hearings be favorably acted upon by the sponsoring

agency. Following the close of the public comment period, and prior to making its final

recommendation to the Business Council, the agency shall fully consider all oral comments and

written submissions respecting the proposed action.

(b) No regulatory proceeding shall be held on any final rule until twenty (20) days have passed from the

publication date of the Tribal Tribune or newspapers in which notice is given of the adoption of said rule by

the Business Council.

emergency rule designated as such, adopted in compliance with section 2-4-5. In any proceeding a rule

cannot be contested on the ground of noncompliance with the procedural requirements of this section, as

now or hereafter amended, after one (1) year has elapsed from the effective date of the rule.

2-4-6

Emergency Rules and Amendments

(a) If an agency recommends, and the Business Council so finds that immediate adoption or amendment of

a rule is necessary for the preservation of the public health, safety, or general welfare of the Reservation

population, and that observance of the requirements of notice and opportunity to present views on the

proposed action would be contrary to the public interest, the Council may dispense with such requirements

and immediately adopt the rule or amendment as an emergency rule or amendment. The Council's finding

and a brief statement of the reasons for its finding shall be incorporated in the emergency rule or

amendment. An emergency rule or amendment shall not remain in effect for longer than one hundred-eighty

(180) days after adoption.

(b) The emergency rule may be published in any newspaper but such publication is solely to inform the

public of its adoption and nothing in this section shall be construed to prevent the implementation of the

rule upon its adoption by the Council in accordance with this section.

2-4-7

Rules Filed with the Secretary and Public Inspection

(a) Each agency shall file with the Secretary a true copy of all rules now in effect and being implemented by

that agency. The Secretary shall keep a permanent register of such rules and all rules subsequently adopted

by the Council in accordance with this Chapter. This permanent register shall be open to public inspection

during normal business hours.

(b) Emergency rules enacted in accordance with section 2-4-5 shall become effective upon their adoption

by the Council. All other rules hereafter adopted pursuant to this Chapter shall become effective upon the

expiration of twenty (20) days following their publication as provided for in section 2-4-4, unless a later

date is required by applicable law or specified in the rule. After the Council adopts an emergency rule

pursuant to section 2-4-5 a copy of such emergency rule shall promptly be filed with the Secretary.

2-4-8

Statement of Purpose of Rules and How Implemented—Contents—Distribution by Agency

(a) When an agency proposes that the Business Council take action to adopt a rule pursuant to this Chapter,

the sponsoring agency shall insure that the proposed rule is accompanied by a statement prepared by the

sponsoring agency which generally describes the purpose of the proposed rule and how the rule is to be

implemented. Such statement shall contain, but is not limited to, the following:

(1) A title, a description of the rule's purpose, the name of the sponsoring agency, the legal

authority for the proposed rule, and any other information which may be of assistance in

identifying the proposed rule or its purpose;

(2) A summary of the proposed rule;

(3) The agency personnel who are responsible for drafting the proposed rule and who will be

responsible for implementation and enforcement of the proposed rule;

(b) Upon filing the proposed rule with the Secretary the sponsoring agency shall have copies of all

statements prepared in accordance with this section, on file and available for public inspection.

2-4-9

Compilation of Rules and Judicial Notice

(a) The Secretary may compile and index all rules adopted by the Council pursuant to this Chapter and

remaining in effect.

(b) Judicial notice shall be taken by the Tribal Court of rules adopted by the Council pursuant to this

Chapter.

2-4-10

Petition for Adoption, Amendment, Repeal of Rules—Agency Action

Any interested person may petition an agency and request that such agency propose that the Council

promulgate, amend, or repeal any rule. Within sixty (60) days after the submission of such petition, or at the

next regular meeting of the agency if it does not meet within this sixty (60) day period, the agency shall

formally consider the petition and within thirty (30) days thereafter shall either deny the petition in writing

(stating its reasons for the denial) or initiate rule-making proceedings in accordance with this Chapter.

Upon its receipt of any such petition, the agency may elect to take no action other than to immediately refer

the matter to the appropriate administrative appellate body with jurisdiction over the matter in question and

request that such administrative appellate body respond to the petition on the agency's behalf. Where such a

referral is made, the administrative appellate body shall first determine whether it has jurisdiction over the

matter, and it so finds, the administrative appellate body shall respond to the Petition within the time

periods set forth herein.

2-4-11

Declaratory Judgment on Validity of Rule

(a) The validity of any rule may be determined upon petition for a declaratory judgment

thereon addressed to the Colville Tribal Court when it appears that the rule, or its threatened application,

interferes with or impairs or immediately threatens to interfere with or impair, the legal rights or privileges

of the petitioner. The sponsoring agency shall be made a party to the proceeding, provided, that the Tribal

Court shall not have jurisdiction to hear any such petition for declaratory judgment, and no declaratory

judgment may be rendered, unless the petitioner has first requested in writing that the sponsoring agency

pass upon the validity of the rule in question.

(b) Upon its receipt of any such petition the sponsoring agency may elect to take no action other than to

immediately refer the matter to the appropriate administrative appellate body with jurisdiction over the

matter in question and request that such administrative appellate body respond to the petition on the

agency's behalf. In such case the administrative appellate body shall first determine whether it has

jurisdiction over the referred matter and if so finding the administrative appellate body shall then pass upon

the validity of the rule in question.

rule violates constitutional provisions, exceeds the lawful authority of the Council or was adopted without

compliance with lawful rule-making procedures.

2-4-12

Declaratory Ruling by Agency

On petition of any interested person an agency may issue a declaratory ruling with respect to the

applicability to any person, property, or state of facts of any rule enforceable by such agency. A declaratory

ruling, if issued after an informal hearing and stated to be binding, is binding between the agency and the

petitioner on the state of facts alleged, unless it is altered or set aside on appeal either by an administrative

appellate body with jurisdiction over the matter or by the Colville Tribal Court. Such a ruling is subject to

review in the Colville Tribal Court in the manner hereinafter provided for the review of decisions in

contested cases by section 2-4-19.

2-4-13

Contested Cases Notice and Procedural Rules

(a) In any contested case, the agency shall afford all parties an opportunity for hearing upon their request.

Moreover, where the agency with jurisdiction over the matter determines that a hearing should be held in

furtherance of the public interest such agency may provide for a hearing even where one is not requested by

any party. In any event, no such hearing shall be held upon less than twenty (20) days advance notice to all

parties. The notice shall include:

(1) A statement of the time, place and nature of the proceeding;

(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) A reference to the particular sections of the Tribal law involved;

(4) A short and plain statement of the issues and matters asserted.

(b) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues

involved.

agreed settlement, consent order, or default.

(d) The record in a contested case shall include:

(1) All pleadings, motions, intermediate rulings;

(2) Evidence received or considered;

(3) A statement of matters officially noticed;

(4) Questions and offers of proof, objections, and rulings thereon;

(5) Proposed findings and exceptions;

(6) Any decision, opinion, or report by the officer presiding at the hearing.

(e) Oral proceedings shall be recorded or transcribed for the purposes of agency decision. A copy of the

entire record or any part thereof shall be furnished to any party upon their written request therefor and

payment of the costs thereof.

(f) Findings of fact shall be based exclusively on the evidence presented and on matters officially noticed.

(g) The Federal Rules of Civil Procedure and Evidence may where applicable, be used as general guides for

proceedings before any agency, except as to matters covered explicitly by Tribal law. The Federal Rules

shall be interpreted as instructive rather than controlling in any event.

(h) Agencies, or their authorized agents, may:

(1) Administer oaths and affirmations, examine witnesses, and receive evidence, and no person

shall be compelled to divulge information which he could not be compelled to divulge in Tribal

Court;

(2) Issue subpoenas;

(3) Rule upon offers of proof and receive relevant evidence;

(4) Take or cause depositions to be taken;

(5) Regulate the course of the hearing;

(6) Hold conferences for the settlement or simplification of the issues;

(7) Dispose of procedural matters by decision; and

(8) Take any other action authorized by Tribal law consistent with this Chapter.

2-4-14

Contested Cases, Rules of Evidence and Cross-Examination

In contested cases:

(a) Agencies, or their authorized agents, may admit and give probative effect to evidence which possesses

probative value commonly accepted by reasonably prudent people in the conduct of their affairs. They shall

give effect to the rules of privilege recognized by Law. They may exclude incompetent, irrelevant,

immaterial, and unduly repetitious evidence.

(b) All evidence, including but not limited to records and documents in the possession of the agency of

which it desires to avail itself, shall be offered and made a part of the record in the case, and no other

factual information or evidence shall be considered in the determination of the case. Documentary evidence

may be received in the form of copies or excerpts or by incorporation by reference.

submit rebuttal evidence.

(d) Agencies, or their authorized agents, may take notice of judicially cognizable facts and in addition may

take notice of general, technical, or scientific facts within their specialized knowledge. Parties shall be

notified either before or during hearing, or by reference in preliminary reports or otherwise, of the material

so noticed, and they shall be afforded an opportunity to contest the facts so noticed. Agencies, or their

authorized agents, may utilize their experience, technical competence, and specialized knowledge in the

evaluation of the evidence presented to them.

2-4-15

Agency Hearings and Contested Cases—Hearings, Oaths, Subpoenas, Evidence Witnesses-Contempt

(a) In order to determine the necessity or desirability of proposing that the Council adopt, amend, repeal, or

otherwise revise a rule or proposed rule, agencies may hold public hearings, subpoena witnesses, administer

oaths, take the testimony of any person under oath, and in connection therewith, require the production for

examination of any books or papers relating to the subject matter of contemplated regulation. This

subsection shall not preclude the exercise of subpoena powers for investigative purposes granted agencies

by other provisions of Tribal law.

(b) In any contested case, after proper service of notice, agencies, their authorized agents, or the hearing

examiner hearing the case may:

(1) Issue a subpoena upon the request of any party upon a statement showing general relevance

and reasonable scope of the evidence sought. Provided, however, that such subpoena may be

issued with like effect by the attorney of record of the party to the contested case in whose behalf

the witness is required to appear, and the form of such subpoena in each case may be the same as

when issued by the agency except that it shall only be subscribed by the signature of such attorney;

(2) Issue a subpoena upon their own motion;

with the requirements of the Due Process Clause of the Indian Civil Rights Act, 25 U.S.C. 1301, for

purposes of long-arm jurisdiction with respect to any activity or consequence of any activity occurring

within the Colville Indian Reservation.

(d) Witnesses in an agency hearing or contested case shall be paid the same fees and allowances, in the

same manner and under the same conditions, as provided for witnesses in the Colville Tribal Courts.

Provided, that the agency shall have the power to fix the allowance for meals and lodging. Such fees and

allowances and the cost of producing records required to be produced by agency subpoena, shall be paid by

the agency or, in a contested case, by the party requesting the issuance of the subpoena.

(e) If an individual fails to obey a subpoena or obeys a subpoena but refuses to testify when requested

concerning any matter under examination or investigation at the hearing, the agency or attorney issuing the

subpoena may petition the Colville Tribal Court for enforcement of the subpoena. The petition shall be

accompanied by a copy of the subpoena and proof of service, and shall set forth in what specific manner the

subpoena has not been complied with, and shall ask that the Tribal Court issue an order of the court to

compel the witness to appear and testify before the agency.

(f) Upon its receipt of such petition, the Court shall enter an order directing the witness to appear before the

Court at a time and place to be fixed in such order and then and there to show cause why he has not

responded to the subpoena or has refused to testify. A copy of the order shall promptly be served upon the

witness.

(g) If it appears to the Court that the subpoena was properly issued and that the particular questions which

the witness refuses to answer are reasonable and relevant, and in the case of a rule-making hearing that the

requested appearance and testimony are reasonably necessary to secure information the expected nature of

which would reasonably tend to cause the agency to exercise its rule-making authority, the Court shall enter

an order that the witness appear at the time and place fixed in the order and testify or produce the required

papers, and on failing to obey said order the witness shall be subject to civil contempt proceedings before

the Colville Tribal Court.

2-4-16

Contested Cases—Consideration of the Record and Re-opening

In a contested case, the officials who are to render the decision shall personally consider the whole record

or such portions thereof as may be cited by the parties. Subsequent to the close of the contested case

hearing and when determined to be in the interest of justice, the decision-making officer may temporarily

postpone his decision and elect to re-open the record and request that the parties to the proceeding submit

additional legal memoranda and/or present oral argument. After fully considering such additional written or

oral presentations, the decision-making officer shall promptly render his decision.

2-4-17

Consultation with Agency Officers Ex Parte Contacts

(a) Except upon notice and opportunity for all parties to be present or to the extent required for the

disposition of ex parte matters as authorized by law, no hearing examiner or agency or member of an

agency presiding in a contested case or preparing a decision, or proposal for decision shall consult with any

person or party on any issue of fact or law in the proceedings, except that in analyzing and appraising the

record for decision any agency member or hearing examiner may:

(1) Consult with members of the agency making the decision,

(2) Have the aid and advice of one or more personal assistants,

(3) Have the assistance of other employees of either the agency or the office of the Reservation

Attorney who have not participated in the proceeding in any manner, who are not engaged for the

agency in any investigative functions in the same or any current factually related case and who are

not engaged for the agency in any prosecutory functions.

2-4-18

Contested Cases—Decisions and Orders—Findings and Conclusions—Requests for Reconsideration

(a) Every decision and order rendered by an agency in a contested case shall be in writing or stated in the

record and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall

consist of a concise statement of each fact found upon each contested issue of fact. Parties to the proceeding

shall be notified of the decision and order in person or by mail. A copy of the decision and order and

accompanying findings and conclusions shall be delivered or mailed to each party or if a party is

represented by an attorney, to his attorney of record.

(b) Should any party request a rehearing or reconsideration of the agency's order or decision, such request

shall be made within ten (10) days of such order or decision, and the agency shall take action upon such

request within thirty (30) days of receipt thereof. Where a request for rehearing or reconsideration has been

timely made, the agency order or decision shall not be final either for further administrative or judicial

review until the agency acts upon such request.

2-4-19

Administrative Appeals—Finality—Exhaustion of Administrative Remedies

Whenever an administrative order or decision is reviewable by an administrative appellate body, the order

or decision so reviewable shall not be considered a final agency order or decision if any party to the order

or decision timely petitions £or review of that order or decision to such administrative appellate body.

Unless as otherwise specified by Tribal law, such petitions for administrative appellate review shall be filed

within thirty (30) days of the agency action which is the subject of such appeal. Exhaustion of

administrative remedies is a jurisdictional requirement to seeking judicial review thereof.

2-4-20

Judicial Review of Final Agency Action

(a) Any person aggrieved by either a final decision in a contested case, or by the promulgation of a rule

under this Chapter, is entitled to judicial review thereof only under the provisions of this Chapter and such

person may not use any other procedure to obtain judicial review of such final decision or such final rule,

even though another procedure is provided elsewhere by a special law or other provision of Tribal law of

general application.

(b) Proceedings for review under this Chapter shall be instituted by filing a petition in the Colville Tribal

Court. The petition shall be served and filed within twenty (20) days after either service of the final

administrative decision in a contested case, or within twenty (20) days of the effective date of a rule

promulgated under this Chapter. Copies of any such petition for review shall be served upon the agency, the

appellate administrative agency, if any, the Office of Reservation Attorney and all parties of record by

certified mail, return receipt requested. The Court, in its discretion, may permit other interested persons to

intervene.

to a rule or procedure which was raised with reasonable specificity during the period for public comment

(including any public hearing) may be raised during judicial review.

(d) The filing of the petition shall neither stay enforcement of the agency decision nor the rule. Where other

tribal laws provide for stay or supersede as of an agency decision, it may be stayed by the agency or the

reviewing Court only as provided therein, otherwise, the agency may do so or the reviewing Court may

order a stay upon such terms as it deems proper.

(e) Within thirty (30) days after service of the petition, or within such further time as the Court may allow,

the agency shall transmit to the reviewing Court the original or a certified copy of the entire record of the

proceeding under review; but, by stipulation of all parties to the review proceeding, the record may be

shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the Court for

the additional costs. The Court may require or permit subsequent corrections or additions to the record

when deemed desirable and in the interests of justice.

(f) The review shall be conducted by the Court without a jury and shall be confined to the record. Any

alleged irregularities in procedure before the agency, not shown in the record, shall be submitted to the

Court in the form of a motion to the Court, supported by a memorandum of law and affidavits. The Court

may, in the case of motions, and shall otherwise, upon request, hear oral argument and receive written

briefs. The length of briefs and time for arguments shall be set by the Court.

(g) The Court may affirm the final decision of the agency or uphold promulgation of the rule, it may remand

the case for further proceedings; or it may reverse the final decision or the rule, in whole or in part, if the

substantial rights of petitioners have been prejudiced because the administrative findings, inferences,

conclusions, or decisions are:

(1) In violation of constitutional provisions;

(2) In excess of the lawful authority or jurisdiction of the agency or otherwise unlawful;

(3) Clearly erroneous in view of the entire record; or

(4) Arbitrary or capricious.

2-4-21

Appeal to Colville Tribal Court of Appeals

An aggrieved party may request review of any final judgment or final decision of the Colville Tribal Court

under this Chapter by appeal to the Colville Court of Appeals. Such appeal shall be based upon the record

and shall be taken in the manner provided by law for appeals from the Colville Tribal Court in other civil

cases as provided for by the Subchapter on Appellate Proceedings under Chapter 1-1 of the Colville Tribal

Code.

2-4-22

Provisions Applicable to Licenses, Licensing and Emergency Actions

(a) When a licensee has made timely and sufficient application for the renewal of a license or a new license

with reference to any activity of a continuing nature, an existing full, temporary, or provisional license does

not expire until the application has been finally determined by the agency, and, in case the application is

denied or the terms of the new license limited, until the last day for seeking review of the agency order or a

later date fixed by order of the reviewing Court.

(b) No revocation, suspension, annulment, modification, or withdrawal of any license is lawful unless, prior

to the institution of agency proceedings, the agency gave notice by Certified Mail Return Receipt

Requested to the licensee of facts or conduct which warrant the intended action, and the licensee was given

reasonable opportunity to show compliance with all lawful requirements for the retention of the license.

emergency action be taken, and incorporates a finding to that effect in it, order, summary suspension of a

license may be ordered pending proceedings for revocation or other action. These proceedings shall be

instituted within five (5) working days of such emergency action and shall be promptly determined.

2-4-23

Severability

If any provision of this Chapter or the application thereof to any person or circumstance is held invalid,

such invalidity shall not affect other provisions or applications of the Chapter which can be given effect

without the invalid provision or application, and to this end the provisions of this Chapter are declared to be

severable.

2-4-24

General Repeal and Saving

All Tribal law or parts of Tribal laws, whether special or comprehensive in nature, which are subject to the

Colville Administrative Procedure Act, and which are inconsistent with the provisions of this Chapter, are

hereby repealed, but such repeal shall not affect pending proceedings. Provided, that this section shall not

apply to Chapters 4-5, 4-6, 4-7, and 4-8 of the Colville Tribal Code.

2-4-25

Effective Date

This Chapter shall take effect thirty (30) days after the date of its enactment by the Council.

2-4-26

Operation of Chapter If in Conflict with Federal Law

If any part of this Chapter shall be found to be in conflict with federal requirements which are a condition

precedent to the allocation of federal funds to the Colville Confederated Tribes, such conflicting part of this

Chapter is hereby declared to be inoperative solely to the extent of such conflict and with respect to the

agencies directly affected, and such findings or determination shall not affect the operation of the remainder

of this Chapter in its application to the agencies concerned.

2-4-27

Savings—Authority of Agencies to Comply with Act—Effect of Subsequent Legislation

Nothing in the Colville Administrative Procedure Act shall be held to diminish the constitutional rights of

any person or to limit or repeal additional requirements imposed by or otherwise recognized by law. Except

as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply

equally to agencies and persons. Every agency is granted all authority necessary to comply with the

requirements of the Administrative Procedure Act. No subsequent Tribal laws shall be held to supersede or

modify the provisions of the Administrative Procedure Act or its applicability to any agency except to the

extent that such Tribal law shall do so expressly.

(Chapter 2-4 Adopted 1/18/85, Resolution 1985-20)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.