21.30.230 Appeals and judicial review.
(a) Any person aggrieved by any act or decision of the Committee shall have the right to seek administrative review before the Committee; provided, that any appeal or complaint must be filed within 30 days after the effective date of written decision. The Committee shall conduct a hearing on any such appeal, and develop a decision record that is adequate for judicial review.
(b) Any person who has exhausted available administrative remedies may seek judicial review of an order or decision by the Committee pursuant to the rules of the Tribal Court. The Yurok Tribe specifically waives its sovereign immunity to suit but only for the purpose of the Tribal Court determining whether the order or decision shall be upheld or reversed. No suit or claim is authorized to recover money damages against the Committee, Committee members, Council, or the Yurok Tribe as a result of any act or omission pursuant to this chapter. The Tribal Court shall sustain the decision of the Committee if based on substantial evidence in the record before the Committee. The Tribal Court shall issue any and all orders reasonably necessary to carry out the provisions of this chapter, and may assess civil fines for conduct of operations in violation of permit or mining and reclamation plan terms and conditions. The Tribal Court may also order the impoundment of equipment used in persistent or serious violation of the requirements of this chapter.
(c) Decisions of the Council pursuant to this chapter are not reviewable. [Ord. 27 § 6023, adopted, 6/27/2012.]