Title
A LEGISLATIVE ACT AMENDING LEGISLATIVE ACT 13-07 "CHEROKEE NATION ADMINISTRATIVE PROCEDURES ACT" AND LEGISLATIVE ACT 12-96 "THE EMPLOYEE ADMINISTRATIVE PROCEDURES ACT" ADDING A NEW SECTION
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification:
This Legislative Act may be cited as “The Cherokee Nation Administrative Procedure Act Amendment of 2011” and codified under Title _____ Section _____ of the Cherokee Nation Code Annotated (“CNCA”).
Section 2. Purpose:
The purpose for this enactment is to allow parties who have matters before the administrative law judges of the Cherokee Nation, pursuant to this Act to request that decisions be heard en banc by all administrative judges.
Section 3. Legislative History:
LA 13-07
LA 12-96
LA 17-05
LA 03-10
Article VI, Section 7 of the Cherokee Nation Constitution: The Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution. The style of all bills shall be: “Be It Enacted By The Cherokee Nation”. The style of all resolutions shall be “Be It Resolved By The Cherokee Nation”.
Section 4. Definitions:
For purposes of this Title:
en banc: means all currently appointed and confirmed presiding Administrative Law Judges.
Section 5. Substantive Provisions:
LA 13-07 Section 402
(i) Any party to agency proceedings or any party to judicial review or civil enforcement proceedings shall have a matter decided by administrative judges en banc.
LA 12-96 Section 1009
Any party to an appeal shall have a matter decided by Employee Appeal Board members en banc. Each appeal shall be heard by one member of the Employee Appeals Board acting as a hearing officer. Selection and assignment of board members to cases shall be conducted pursuant to rules established by the Board.
Section 6. Provisions as cumulative:
The provisions of this act shall be cumulative to exis...
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