18-21-118. SCOPE OF REVIEW; RELIEF AVAILABLE.

To the extent necessary to make its decision and when presented, the Tribal Court shall decide all relevant questions of law, interpret constitutional provisions and all other tribal law, and determine the meaning or applicability of the terms of the Commission’s action. The Tribal Court may:

1. Compel Commission action unlawfully withheld unreasonably delayed;
2. Hold unlawful and set aside Commission action, findings, and conclusions found to be:
   1. Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law;
   2. Contrary to any right, power, privilege, or immunity accorded by the Tribal Constitution or the Indian Civil Rights Act, 25 U.S.C. § 1301, et seq.;
   3. In excess of jurisdiction, authority, or limitations granted by tribal law;
   4. Without observance of procedure required by law; or
   5. In an adjudicatory proceeding only, unsupported by substantial evidence.

In making the foregoing determinations, the Tribal Court shall review the whole record before the Commission or those parts of it cited by any party.