Chapter 2.08 ADMINISTRATIVE PROCEDURE ACT

(a) The Puyallup Tribe has a primary interest in assuring that the administrative procedures carried out by the Puyallup 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 Puyallup Tribe 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 Department heads in quasi-judicial cases shall be 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 Puyallup Tribe has jurisdiction to enforce the Puyallup Tribe Administrative Procedure Act and to ensure that all persons, whether residing upon the Puyallup Reservation, the Survey Area, or other trust land or waters subject to the jurisdiction of the Puyallup Tribe (collectively “the Reservation”), or conducting business or other activities within the Reservation, are provided with due process and equal protection of the law. Tribal jurisdiction of all such persons and lands is necessary to protect the economy, health, safety and welfare of the Reservation population. [Res. 180693-b (06/18/93) § 1.1]

2.08.020 Definitions.

For the purposes of this Act:

(a) “Contested case” means a proceeding before a department in which an opportunity for a hearing before such agency is required by law prior or subsequent to the determination by the department 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 a matter under the law.

(b) “Council” or “Tribal Council” means the Puyallup Tribal Council.

(c) “Department” means any Tribal board, commission, department, or officer, authorized by law to propose rules for adoption by the Tribal Council or to adjudicate contested cases, except that the term “department” shall not include either the Tribal Council or any Tribal Court.

(d) “License” or “permit” means the whole or part of any department approval, registration, or any form of permission required by law to engage in any activity.

(e) “Licensing” or “permitting” means the department process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or modification of a license or permit.

(f) “Permit Review Commission” means and is the administrative appellate body of the Puyallup Tribe.

(g) “Person” means any individual; association of individuals; partnership; private, public, Tribal or municipal corporation; Tribal enterprise; company; business enterprise; any Tribal, federal, state or local government; or any governmental entity.

(h) “Reservation” means the Puyallup Indian Reservation, the Survey Area and any other lands or waters held in trust for the Puyallup Tribe or members thereof.

(i) “Reservation population” means all persons who reside on or otherwise conduct business or other activities on any trust lands within the exterior boundaries of the Reservation.

(j) “Reservation resources” or “Reservation environment” means land, surface and ground water, fish, biota, plants, animals, air, wildlife and capital improvements on the Reservation.

(k) “Rule” means:

(1) Any order, directive or regulation of general applicability approved by the Tribal Council:

(A) The violation of which subjects a person to a civil penalty or other civil administrative sanction;

(B) Which establishes, alters or revokes any procedure, practice or requirement relating to department hearings;

(C) Which establishes, alters or revokes any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law;

(D) Which establishes, alters or revokes any qualifications or standards for the issuance, suspension or revocation of licenses to pursue any commercial activity.

(2) The term includes the amendment or repeal of a prior rule, but does not include:

(A) Statements concerning only the internal management of a department and not affecting private rights or procedures available to the public; or

(B) Declaratory rulings issued pursuant to this Act as now or hereafter amended.

(l) “Secretary” means the Secretary of the Puyallup Tribal Council.

(m) “Sponsoring department” means the Tribal department which prepares a rule or other matter under this Act for action by the Puyallup Tribal Council.

(n) “Tribe” means the Puyallup Tribe. [Res. 180693-b (06/18/93) § 1.2]

Subchapter 2. Adoption of Rules

2.08.030 Adoption of rules of practice and procedure – Public inspection of department orders, decisions and opinions.

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

(a) Each department may adopt informal procedures prescribed or authorized by this Act, together with forms and instructions.

(b) To the extent neither prohibited by federal law nor prohibited for reasons of confidentiality of Tribal law, each department shall keep on file for public inspection all final orders, decisions or opinions prepared by the department for its own use. No department order, decision or opinion is valid or effective against any person, nor may it be invoked by the department for any purpose, unless, upon reasonable request, it is available for public inspection. This provision is not applicable in favor of any person who has actual or constructive notice or actual knowledge of the department order, decision or opinion in question. [Res. 180693-b (06/18/93) § 1.3]

2.08.040 Notices of intention to adopt rules and opportunity to submit data.

(a) Prior to proposing that the Tribal Council adopt, amend or repeal any rule, the sponsoring department proposing that the Tribal Council take such action shall:

(1) Publish notice thereof in The Morning News Tribune and mail a copy of the notice to all persons who have made timely request to the department for information regarding the proposed rule-making proceedings. Such notice shall include:

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

(B) A statement of either the terms or substance of the proposed rule or a description of the subjects and issues involved; and

(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 department to be in the public interest. It is the intent of this Act that reasonable and timely requests for public hearings be favorably acted upon by the sponsoring department. Following the close of the public comment period, and prior to making its final recommendation to Tribal Council, the department 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 20 days have passed from the publication date of The Morning News Tribune in which notice is given of the adoption of said rule by the Tribal Council. This section shall not preclude regulatory proceeding under an emergency rule, designated as such, adopted in compliance with PTC 2.08.050.

(c) No rule hereafter adopted is valid unless adopted in substantial compliance with this section, or, if an emergency rule designated as such, adopted in compliance with PTC 2.08.050. 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 year has elapsed from the effective date of the rule. [Res. 180693-b (06/18/93) § 1.4]

2.08.050 Emergency rules and amendments.

(a) If a department recommends, and the Tribal 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 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 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. [Res. 180693-b (06/18/93) § 1.5]

2.08.060 Rules filed with the Secretary and public inspection.

(a) Each department shall file with the Secretary a true copy of all rules now in effect and being implemented by that department. The Secretary shall keep a permanent register of such rules and all rules subsequently adopted by the Council in accordance with this Act. This permanent register shall be open to public inspection during normal business hours.

(b) Emergency rules enacted in accordance with PTC 2.08.050 shall become effective upon their adoption by the Council. All other rules adopted pursuant to this Act shall become effective upon the expiration of 20 days following their publication as provided for in PTC 2.08.040, unless a later date is required by applicable law or specified in the rule. After the Council adopts an emergency rule pursuant to PTC 2.08.050, a copy of such emergency rule shall promptly be filed with the Secretary. [Res. 180693-b (06/18/93) § 1.6]

2.08.070 Statement of purpose of rules and how implemented – Contents – Distribution by agency.

(a) When a department proposes that the Tribal Council take action to adopt a rule pursuant to this Act, the sponsoring department shall ensure that the proposed rule is accompanied by a statement prepared by the sponsoring department 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 department, 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 department shall have copies of all statements prepared in accordance with this section on file and available for public inspection. [Res. 180693-b (06/18/93) § 1.7]

2.08.080 Compilation of rules and judicial notice.

(a) The Secretary may compile and index all rules adopted by Council pursuant to this Act and remaining in effect.

(b) Judicial notice shall be taken by the Tribal Court of rules adopted by Council pursuant to this Act. [Res. 180693-b (06/18/93) § 1.8]

2.08.090 Petition for adoption, amendment, or repeal of rules – Agency adoption.

Any interested person may petition a department and request that such department propose that the Council promulgate, amend, or repeal any rule. Within 60 days after the submission of such petition, or at the next regular meeting of the department if it does not meet within this 60-day period, the department shall formally consider the petition and within 30 days thereafter shall either deny the petition in writing, stating its reason for the denial, or initiate rule-making proceedings in accordance with this Act. Upon its receipt of any such petition, the department 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 if it so finds, the administrative appellate body shall respond to the petition within the time periods set forth herein. [Res. 180693-b (06/18/93) § 1.9]

Subchapter 3. Declaratory Judgments and Contested Rules

2.08.100 Declaratory judgment on validity of rule.

(a) The validity of any rule may be determined upon petition for a declaratory judgment addressed to the Puyallup Tribal Court when it is alleged 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 department 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 department pass upon the validity of the rule in question. Upon its receipt of any such petition the sponsoring department 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 department’s behalf. In such a 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.

(b) In any proceeding under subsection (a) of this section the Court shall declare the rule invalid only if it finds that the rule exceeds the lawful authority of the Council or was adopted without compliance with lawful rule-making procedures. [Res. 180693-b (06/18/93) § 1.10]

2.08.110 Declaratory rulings of department.

On petition of any interested person a department may issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule enforceable by such department. A declaratory ruling, if issued after an informal hearing and stated to be binding, is binding between the department 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 Puyallup Tribal Court. Such a ruling is subject to review in the Puyallup Tribal Court in the manner provided for the review of decisions in contested cases by PTC 2.08.190. [Res. 180693-b (06/18/93) § 1.11]

2.08.120 Contested cases – Notice and procedural rules.

(a) In any contested case, the department shall afford all parties an opportunity for hearing upon their request. Moreover, where the department with jurisdiction over the matter determines that a hearing should be held in furtherance of the public interest, such department 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 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.

(c) Unless precluded by law, informal disposition may also be made of any contested case by stipulation, agreed settlement, consent order, or default.

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

(1) All pleadings, motions, and intermediate and final rulings;

(2) Evidence received or considered;

(3) A statement of matters officially noticed;

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

(5) Decisions and orders of the department. [Res. 180693-b (06/18/93) § 1.12]

2.08.130 Contested cases – Rules of evidence and cross-examination.

In contested cases:

(a) Departments, 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 department of which it desires to avail itself, shall be offered and made a part of the record in the case. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

(c) Every party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence.

(d) Departments, 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. Departments, or their authorized agents, may utilize their experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to them. [Res. 180693-b (06/18/93) § 1.13]

2.08.140 Department hearings in contested cases – 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, departments 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 departments by other provisions of Tribal law.

(b) In any contested case, after proper service of notice, departments, 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.

(c) Subpoenas may be served outside the Reservation to the maximum extent allowable in conformance 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 or affecting the Puyallup Reservation.

(d) Witnesses in a department 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 Puyallup 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 department 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 department or attorney issuing the subpoena may petition the Puyallup Tribal Court for enforcement of the subpoena. The petition shall be accompanied by a copy of the subpoena and proof of service, 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. 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. 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 department 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 Puyallup Tribal Court. [Res. 180693-b (06/18/93) § 1.14]

2.08.150 Contested cases – Consideration of the record and reopening.

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 or her 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 or her decision. [Res. 180693-b (06/18/93) § 1.15]

2.08.160 Consultation with department officers – Ex parte contacts.

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 department or member of a department 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 department member or hearing examiner may:

(a) Have the aid and advice of one or more personal assistants; and

(b) Have the assistance of other employees of the department who have not participated in the proceeding in any manner, who are not engaged for the department in any investigative functions in the same or any current factually related case and who are not engaged for the department in any prosecutory functions. [Res. 180693-b (06/18/93) § 1.16]

2.08.170 Contested cases – Decisions and orders – Findings and conclusions – Requests for reconsideration.

(a) Every decision and order rendered by a department in a contested case shall be in writing or stated on 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 or her attorney of record.

(b) Should any party request a rehearing or reconsideration of the department’s order or decision, such request shall be made within 10 days of such order or decision, and the department shall take action upon such request within 30 days of receipt thereof. Where a request for rehearing or reconsideration has been timely made, the department order or decision shall not be final for further administrative or judicial review until the department acts upon such request. [Res. 180693-b (06/18/93) § 1.17]

Subchapter 4. Appeals

2.08.180 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 for review of that order or decision to such administrative appellate body. Unless otherwise specified by Tribal law, petitions for administrative appellate review shall be filed within 30 days of the department action which is the subject of such appeal. Exhaustion of administrative remedies is a jurisdictional requirement to seeking judicial review thereof. [Res. 180693-b (06/18/93) § 1.18]

2.08.190 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 Act is entitled to judicial review thereof only under the provisions of this Act. A person aggrieved by a final decision or by promulgation of a rule 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 Act shall be instituted by filing a petition in the Puyallup Tribal Court. The petition shall be served and filed within 20 days after either service of the final administrative decision in a contested case or within 20 days of the effective date of a rule promulgated under this Act. Copies of any such petition for review shall be served upon the department, the appellate administrative agency, if any, the Office of Legal Council and all parties of record by certified mail, return receipt requested. The Court, in its discretion, may permit other interested persons to intervene.

(c) In the case of any request for judicial review of a rule promulgated under this Act, only an objection 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 proceedings.

(d) The filing of the petition shall not stay enforcement of the department decision or the rule. Where other Tribal laws provide for stay or supersedeas of a department decision, it may be stayed by the department or the reviewing Court only as provided therein; otherwise, the department may do so or the reviewing Court may order a stay upon such terms as it deems proper.

(e) Within 30 days after service of the petition, or within such further time as the Court may allow, the department 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 decision or rule for further proceedings; or it may reverse the final rule, in whole or 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 department or otherwise lawful;

(3) Unsupported by substantial evidence on the record taken as a whole;

(4) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; or

(5) Without observance of procedure required by law.

In making the foregoing determinations, the Court shall review the whole record, or those parts of it cited by a party, and due account shall be taken of the rule of nonprejudicial error. In making these determinations the Court may borrow from federal court cases applying the appropriate standards of review under 5 U.S.C. 706 of the Administrative Procedure Act. [Res. 180693-b (06/18/93) § 1.19]

2.08.200 Appeal to Puyallup Tribal Court of Appeals.

An aggrieved party may request review of any final judgment or final decision of the Puyallup Tribal Court under this Act by appeal to the Puyallup Tribal 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 Puyallup Tribal Court in other civil cases. [Res. 180693-b (06/18/93) § 1.20]

2.08.210 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 department, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the department order or at 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 department proceedings, the department 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 of the retention of the license.

(c) Where a department finds that protection of public health, safety, or welfare requires that immediate emergency action be taken, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be instituted within five working days of such emergency action and shall be promptly determined. [Res. 180693-b (06/18/93) § 1.21]

Subchapter 5. Miscellaneous

2.08.220 Severability.

If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application. To this end, the provisions of this Act are declared to be severable. [Res. 180693-b (06/18/93) § 1.22]

2.08.230 General repeal and saving.

All Tribal law or parts of Tribal laws, whether special or comprehensive in nature, which are subject to the Puyallup Administrative Procedure Act, and which are inconsistent with the provisions of this Act, are hereby repealed. Such repeal shall not affect pending proceedings. [Res. 180693-b (06/18/93) § 1.23]

2.08.240 Effective date.

This Act shall take effect 30 days after the date of its enactment by the Council. [Res. 180693-b (06/18/93) § 1.24]

2.08.250 Operation of Act if in conflict with federal law.

If any part of this Act shall be found to be in conflict with federal law or requirements which are a condition precedent to the allocation of federal funds to the Puyallup Tribe, such conflicting part of this Act is hereby declared to be inoperative solely to the extent of such conflict and with respect to the departments directly affected, and such findings or determination shall not affect the operation of the remainder of this Act in its application to the departments concerned. [Res. 180693-b (06/18/93) § 1.25]

2.08.260 Savings – Authority of departments to comply with Act – Effect of subsequent legislation.

Nothing in the Puyallup 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 departments and persons. Every department 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 department except to the extent that such Tribal law does so expressly. [Res. 180693-b (06/18/93) § 1.26]

2.08.270 Administrative Procedure Act limited in its application.

The Puyallup Administrative Procedure Act shall be applicable to those titles to which the Puyallup Tribal Council shall make the Act applicable through formal resolution. [Res. 180693-b (06/18/93) § 1.27]