PETITION FOR ADMINISTRATIVE REVIEW

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Morris Welch
5 years ago
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1 IN THE HO-CHUNK NATION TRIAL COURT, Petitioner, v., Respondent (Board/Commission/Committee). PETITION FOR ADMINISTRATIVE REVIEW Case No.: CV - [assigned by the Court] I. BASIS FOR REVIEW The petitioner in the above-captioned case files this action requesting a judicial review of the administrative decision, which the petitioner regards as defective for the following specific reasons: PETITIONER S INFORMATION The following information relates to the PETITIONER: 1. Name:. Maiden name (if applicable):. Address: (state physical address also if P.O. Box is listed) City State Zip Code. Phone: ( ) ( ) Home Work. Facsimile Number (if available): ( ). address:. Occupation: Place of employment: or Petitioner is not presently employed. P:\Pet. for Admin. Review () Page 1 of

2 RESPONDENT S INFORMATION The following information relates to the RESPONDENT 1. Name (Board/Commission/Committee):. Maiden name (if applicable):. Address (last known): (state physical address also if P.O. Box is listed) City State Zip Code. Phone: ( ) ( ) Home Work. Facsimile Number (if available):. address: Summary of the incident and circumstances: II. JURISDICTION This Court has original jurisdiction over this case pursuant to the cases and controversy clause of the CONSTITUTION OF THE HO-CHUNK NATION, Art. VII, Sec. (a), providing that the Trial Court shall have original jurisdiction over all cases and controversies, in law and equity arising under the Constitution, laws [or] customs and traditions of the Ho-Chunk Nation. Specifically, the petitioner alleges that the cause of action arises under the: Law, particularly the: (for example a Code, Statute, or HCN Legislative Resolution) Employee Relations Act of 0 Ho-Chunk Nation Insurance Review Commission Ordinance Gaming Ordinance Tribal Enrollment and Membership Act P:\Pet. for Admin. Review () Page of

3 Employee Relations Act Under the Ho-Chunk Nation Rules of Civil Procedure, Rule 1, the petitioner may request an opportunity to supplement the evidentiary record within an appeal of a final decision from the Administrative Review Process, provided that the petitioner demonstrates that the Administrative Review Record submitted by the Department of Personnel excluded relevant evidence as defined by the Federal Rules of Evidence, Rule 01. The petitioner requests to supplement the evidentiary record pursuant to HCN R. Civ. P. (D)(1)(a)-(b). The petitioner does not request to supplement the evidentiary record pursuant to HCN R. Civ. P. (D)(1)(a)-(b). III. PROCEDURAL HISTORY Summary of the procedural history: IV. REQUEST FOR RELIEF 1 Parties can obtain a copy of the Ho-Chunk Nation Rules of Civil Procedure by contacting the Ho-Chunk Nation Judiciary at () - or (00) -00 or visiting the judicial website at media/0/rules_of_civil_procedure_- update.pdf P:\Pet. for Admin. Review (0) Page of

4 PRAYER FOR RELIEF: For the reasons stated above and according to the attached documentation, the petitioner requests that the Court enter a Judgment against the respondent and grant the relief sought by the petitioner. The final Administrative Decision must be attached pursurant to HCN R. Civ. P. (B) Final Administrative Decision attached (please circle one): Yes No NUMBER OF ADDITIONAL PAGES USED: By affixing my signature below, I swear that I have provided the above information in good faith and with the belief that each statement represents a true and accurate account of the facts based upon adequate research and investigation. I recognize that the Ho-Chunk Nation Judiciary may impose sanctions if it determines that I have made statements in bad faith, including intentional misstatements or statements made upon inadequate research or investigation. I also recognize that the foregoing admonition extends to include the omission of material facts or law, which I knew, or should have reasonably known, would impact or prove relevant to the action. I file this petition of my own free will and absent threats, intimidation or coercion of any kind. I understand that any decision reached by the Ho-Chunk Nation Trial Court is binding and that if I disagree with the findings or conclusions or remedies of the Trial Court, I may file an appeal with the Ho-Chunk Nation Supreme Court. I further acknowledge that since I am submitting myself to the jurisdiction of the Ho-Chunk Nation Judiciary, I am subject to its determinations, including those relating to contempt of court. P:\Pet. for Admin. Review () Page of

5 RESPECTFULLY SUBMITTED BY PETITIONER, Signature: Date:, Attach.: Certificate of Service Final Administrative Decision Signature of counsel (if any): Mailing address of counsel: address of counsel: Telephone number of counsel: Facsimile number of counsel: Ho-Chunk Bar number of counsel: If not a member of the Ho-Chunk bar, a Motion to Appear Pro Hac Vice has been attached in accordance with Ho-Chunk Nation Rules of Civil Procedure, Rule (B), and/or I have applied for membership in the Ho-Chunk Nation bar in accordance with the Ho-Chunk Nation Rules for Admission to Practice. Parties can obtain a copy of the Certificate of Service by contacting the Ho-Chunk Nation Judiciary at () - or (00) -00 or visiting the judicial website at See first footnote. P:\Pet. for Admin. Review () Page of

SAMPLE FORM S PETITION FOR REHEARING

SAMPLE FORM S PETITION FOR REHEARING PETITION FOR REHEARING - INSTRUCTIONS After the opinion has been filed in your case, or a request for publication granted or modification of opinion changing judgment,