State and Tribe’s Dispute Resolution Process. Disputes between the Tribe and the State regarding the Tribe’s compliance with section 11.0 that are expressly made subject to this section 11.10 shall be resolved using the following process: (a) To initiate the section 11.10 process, the State shall serve a written notice (the “Dispute Notice”) on the Tribe, within thirty (30) days after the conclusion of the relevant meet and confer process, identifying with particularity those aspects and provisions of the Tribe’s decision with which the State takes issue. (b) The dispute shall thereupon be resolved by arbitration and the costs of the arbitration shall be advanced by the State out of the Special Distribution Fund. The arbitrator shall be authorized to award or apportion costs against the Tribe as the arbitrator deems just. The arbitration shall be conducted by a single arbitrator selected as follows: (1) Within thirty (30) days following the Tribe’s receipt of the Dispute Notice, the State and the Tribe shall agree in writing upon a single retired federal judge or federal magistrate judge or other person to act as the arbitrator. (2) If the State and the Tribe cannot agree on an arbitrator, then within forty-five (45) days following the Tribe’s receipt of the Dispute Notice, the State and the Tribe shall meet and each shall submit to the other the names of not more than three (3) retired federal judges or federal magistrate judges. From the resulting group of names, three (3) names shall be randomly selected in a manner agreed upon by the Tribe and the State, and from that list of three (3) names, the State and the Tribe shall each be allowed to strike one (1) name from the list. A coin toss shall determine which party may strike the first name. (c) Within thirty (30) days after being designated, the arbitrator shall initiate proceedings to determine the issues raised by the Dispute Notice. The arbitrator may determine the matter on the written submissions of the Tribe and the State, or may conduct an evidentiary hearing and receive oral testimony and legal argument. In making this determination, the arbitrator shall uphold the Tribe’s decision unless the arbitrator finds that: (i) the decision is not supported by substantial evidence in light of the whole record; (ii) the Tribe has not substantially complied with the substantive provisions of the Tribal Environmental Protection Ordinance; or (iii) the Tribe has not otherwise substantially complied with the relevant requirements of section 11.0. (d) Within twenty (20) days after closing the record, the arbitrator shall issue a written decision finding either that: (i) the Tribe’s decision complies with the relevant requirements of section 11.0, or (ii) the Tribe’s decision does not comply with the relevant requirements of section 11.0, and identifying with specificity the basis upon which the arbitrator has made the decision. A decision under subdivision (d)(i) shall be final and binding and shall terminate the section 11.10
Appears in 4 contracts
Samples: Tribal State Compact, Tribal State Compact, Tribal State Compact
State and Tribe’s Dispute Resolution Process. Disputes between the Tribe and the State regarding the Tribe’s compliance with section 11.0 that are expressly made subject to this section 11.10 shall be resolved using the following process:
(a) To initiate the section 11.10 process, the State shall serve a written notice (the “Dispute Notice”) on the Tribe, within thirty (30) days after the conclusion of the relevant meet and confer process, identifying with particularity those aspects and provisions of the Tribe’s decision with which the State takes issue.
(b) The dispute shall thereupon be resolved by arbitration and the costs of the arbitration shall be advanced by the State out of the Special Distribution Fund. The arbitrator shall be authorized to award or apportion costs against the Tribe as the arbitrator deems just. The arbitration shall be conducted by a single arbitrator selected as follows:
(1) Within thirty (30) days following the Tribe’s receipt of the Dispute Notice, the State and the Tribe shall agree in writing upon a single retired federal judge or federal magistrate judge or other person to act as the arbitrator.
(2) If the State and the Tribe cannot agree on an arbitrator, then within forty-five (45) days following the Tribe’s receipt of the Dispute Notice, the State and the Tribe shall meet and each shall submit to the other the names of not more than three (3) retired federal judges or federal magistrate judges. From the resulting group of names, three (3) names shall be randomly selected in a manner agreed upon by the Tribe and the State, and from that list of three (3) names, the State and the Tribe shall each be allowed to strike one (1) name from the list. A coin toss shall determine which party may strike the first name.
(c) Within thirty (30) days after being designated, the arbitrator shall initiate proceedings to determine the issues raised by the Dispute Notice. The arbitrator may determine the matter on the written submissions of the Tribe and the State, or may conduct an evidentiary hearing and receive oral testimony and legal argument. In making this determination, the arbitrator shall uphold the Tribe’s decision unless the arbitrator finds that: (i) the decision is not supported by substantial evidence in light of the whole record; (ii) the Tribe has not substantially complied with the substantive provisions of the Tribal Environmental Protection Ordinance; or (iii) the Tribe has not otherwise substantially complied with the relevant requirements of section 11.0.
(d) Within twenty (20) days after closing the record, the arbitrator shall issue a written decision finding either that: (i) the Tribe’s decision complies with the relevant requirements of section 11.0, or (ii) the Tribe’s decision does not comply with the relevant requirements of section 11.0, and identifying with specificity the basis upon which the arbitrator has made the decision. A decision under subdivision (d)(i) shall be final and binding and shall terminate the section 11.10unless
Appears in 2 contracts
Samples: Tribal State Compact, Tribal State Compact
State and Tribe’s Dispute Resolution Process. Disputes between the Tribe and the State regarding the Tribe’s compliance with section 11.0 that are expressly made subject to this section 11.10 shall be resolved using the following process:
(a) To initiate the section 11.10 process, the State shall serve a written notice (the “Dispute Notice”) on the Tribe, within thirty (30) days after the conclusion of the relevant meet and confer process, identifying with particularity those aspects and provisions of the Tribe’s decision with which the State takes issue.
(b) The dispute shall thereupon be resolved by arbitration and the costs of the arbitration shall be advanced by the State out of the Special Distribution Fund. The arbitrator shall be authorized to award or apportion costs against the Tribe as the arbitrator deems just. The arbitration shall be conducted by a single arbitrator selected as follows:
(1) Within thirty (30) days following the Tribe’s receipt of the Dispute Notice, the State and the Tribe shall agree in writing upon a single retired federal judge or federal magistrate judge or other person to act as the arbitrator.
(2) If the State and the Tribe cannot agree on an arbitrator, then within forty-five (45) days following the Tribe’s receipt of the Dispute Notice, the State and the Tribe shall meet and each shall submit to the other the names of not more than three (3) retired federal judges or federal magistrate judges. From the resulting group of names, three (3) names shall be randomly selected in a manner agreed upon by the Tribe and the State, and from that list of three (3) names, the State and the Tribe shall each be allowed to strike one (1) name from the list. A coin toss shall determine which party may strike the first name.
(c) Within thirty (30) days after being designated, the arbitrator shall initiate proceedings to determine the issues raised by the Dispute Notice. The arbitrator may determine the matter on the written submissions of the Tribe and the State, or may conduct an evidentiary hearing and receive oral testimony and legal argument. In making this determination, the arbitrator shall uphold the Tribe’s decision unless the arbitrator finds that: (i) the decision is not supported by substantial evidence in light of the whole record; (ii) the Tribe has not substantially complied with the substantive provisions of the Tribal Environmental Protection Ordinance; or (iii) the Tribe has not otherwise substantially complied with the relevant requirements of section 11.0.
(d) Within twenty (20) days after closing the record, the arbitrator shall issue a written decision finding either that: (i) the Tribe’s decision complies with the relevant requirements of section 11.0, or (ii) the Tribe’s decision does not comply with the relevant requirements of section 11.0, and identifying with specificity the basis upon which the arbitrator has made the decision. A decision under subdivision (d)(i) shall be final and binding and shall terminate the section 11.1011.10 process. If a decision is rendered under subdivision (d)(ii), the Tribe shall take such actions as are necessary to address and correct the deficiencies identified in the arbitrator’s decision.
(e) Following the issuance of the Tribe’s revised, amended or supplemental decision (the “Amended Decision”), the Tribe shall provide a written copy of the Amended Decision to the State. The State shall thereupon have thirty (30) days to review the Amended Decision for compliance with the arbitrator’s decision. If the State is satisfied that the Amended Decision has corrected the deficiencies identified in the arbitrator’s decision, the State shall so notify the Tribe in writing within the thirty (30)-day-review period, the section
Appears in 2 contracts
Samples: Tribal State Compact, Tribal State Compact
State and Tribe’s Dispute Resolution Process. Disputes between the Tribe and the State regarding the Tribe’s compliance with section 11.0 that are expressly made subject to this section 11.10 shall be resolved using the following process:
(a) To initiate the section 11.10 process, the State shall serve a written notice (the “Dispute Notice”) on the Tribe, within thirty (30) days after the conclusion of the relevant meet and confer process, identifying with particularity those aspects and provisions of the Tribe’s decision with which the State takes issue.
(b) The dispute shall thereupon be resolved by arbitration and the costs of the arbitration shall be advanced by the State out of the Special Distribution Fund. The arbitrator shall be authorized to award or apportion costs against the Tribe as the arbitrator deems just. The arbitration shall be conducted by a single arbitrator selected as follows:
(1) Within thirty (30) days following the Tribe’s receipt of the Dispute Notice, the State and the Tribe shall agree in writing upon a single retired federal judge or federal magistrate judge or other person to act as the arbitrator.
(2) If the State and the Tribe cannot agree on an arbitrator, then within forty-five (45) days following the Tribe’s receipt of the Dispute Notice, the State and the Tribe shall meet and each shall submit to the other the names of not more than three (3) retired federal judges or federal magistrate judges. From the resulting group of names, three (3) names shall be randomly selected in a manner agreed upon by the Tribe and the State, and from that list of three (3) names, the State and the Tribe shall each be allowed to strike one (1) name from the list. A coin toss shall determine which party may strike the first name.
(c) Within thirty (30) days after being designated, the arbitrator shall initiate proceedings to determine the issues raised by the Dispute Notice. The arbitrator may determine the matter on the written submissions of the Tribe and the State, or may conduct an evidentiary hearing and receive oral testimony and legal argument. In making this determination, the arbitrator shall uphold the Tribe’s decision unless the arbitrator finds that: (i) the decision is not supported by substantial evidence in light of the whole record; (ii) the Tribe has not substantially complied with the substantive provisions of the Tribal Environmental Protection Ordinance; or (iii) the Tribe has not otherwise substantially complied with the relevant requirements of section 11.0.
(d) Within twenty (20) days after closing the record, the arbitrator shall issue a written decision finding either that: (i) the Tribe’s decision complies with the relevant requirements of section 11.0, or (ii) the Tribe’s decision does not comply with the relevant requirements of section 11.0, and identifying with specificity the basis upon which the arbitrator has made the decision. A decision under subdivision (d)(i) shall be final and binding and shall terminate the section 11.10
Appears in 2 contracts
Samples: Tribal State Compact, Tribal State Compact
