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File #: CNCA-01    Version: Name: TITLE 1 - ADMINISTRATIVE PROCEDURE
Type: Cherokee Nation Code Status: Passed
File created: 1/1/2014 In control: TRIBAL COUNCIL
On agenda: N/A Final action: N/A
Enactment date: N/A Enactment #: N/A
Title: TITLE 1 - ADMINISTRATIVE PROCEDURE
Sponsors: N/A
Indexes: Administrative Procedures, CNCA, Code
Code sections: Title 01 - Administrative Procedure
Attachments: 1. TITLE 1 - Administrative Procedure.pdf
Related files: 11-155, 12-097, 07-017, CNCA
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Title
TITLE 1 - ADMINISTRATIVE PROCEDURE
Body
Oklahoma Statutes

Administrative procedures act, see 75 O.S. § 250 et seq.

Code of Federal Regulations

Applicability of rules of the Bureau of Indian Affairs, see 25 C.F.R. § 1.1 et seq.

Appeals from administrative actions, see 25 C.F.R. § 2.1 et seq.

Financial assistance and social services programs, see 25 C.F.R. § 20.600 et seq.

CHAPTER 1

GENERAL PROVISIONS

Cross References

Filing-office rules, see 80 CNCA § 9-526.

§ 101. Short title

This act shall be known and may be cited as the Cherokee Nation Administrative Procedure Act.

History

Source. LA 13-07, eff. March 19, 2007.

Cross References

Environmental quality,

Definitions, see 27 CNCA § 902.

Implementing regulations, see 27 CNCA § 303.

Orders, see 27 CNCA § 916.

Penalties, see 27 CNCA § 708.

Regulation of hazardous chemical substances and mixtures, see 27 CNCA § 704.

Game and fish,

Requirements of the state, see 29 CNCA § 105.

Rules, see 29 CNCA § 108.

Library References

Indians 410.

Westlaw Topic No. 209.

C.J.S. Indians §§ 151 to 179.

§ 102. Definitions

As used in this act:

1. "Agency" means the Environmental Protection Commission, Gaming Commission, and Tax Commission, including the agency head, and one or more members of the agency head or agency employees or other persons directly or indirectly purporting to act on behalf or under the authority of the agency head. The term does not include the Tribal Council or the Courts, or the Principal Chief in the exercise of powers derived directly and exclusively from the Constitution. The term does not include Cherokee Nation Election Commission in the exercise of powers derived directly and exclusively from the Constitution. The term does not include tribal-owned commercial businesses.

2. "Agency action" means:

a. the whole or a part of a rule or an order;

b. the failure to issue a rule or an order; or

c. an agency's performance of, or failure to perform, any other duty, f...

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