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to Table of Contents Colville
Tribal Law and Order Code 2001 edition with 2002, 2003 and 2004 supplements TITLE 6 - REGULATORY PROVISIONS, CH 1-5
6-1-1 through 6-1-16 Reserved
The Colville Business Council finds that personal injuries and illnesses arising out of conditions of employment impose a substantial burden upon employers and employees in terms of lost production, wage loss, medical expenses, and payment of benefits under the industrial insurance act. Therefore, in the public interest and for the welfare of the people of the Colville Indian Reservation and in order to assure, insofar as may reasonably be possible, safe, and healthful working conditions for every man and woman working on the Colville Indian Reservation, the Colville Business Council in the exercise of its police power, and in keeping with the mandates of Article V, Section 1(a) of the Tribal Constitution, declares its purpose by the provisions of this Chapter to create, maintain, continue, and enhance the industrial safety and health program of the Tribes, which program shall equal or exceed the standards prescribed by the Occupations Safety and Health Act of 1970 (Public Law 91-596, 84 Stat. 1590).
For the purposes of this Chapter: (b) "Department" means Colville Tribal Department of Industrial Health and Safety. (c) "Employer" means any person, firm corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity on the Colville Indian Reservation who employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the Tribes, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations. (d) "Employee" means an employee of an employer who is employed in the business of his employer whether by way of manual labor or otherwise and every person on the Colville Reservation who is engaged in the employment of or who is working under an independent contract the essence of which is his personal labor for an employer under this Chapter whether by way of manual labor or otherwise. (e) "Person" means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons. (f) "Safety and health standard" means a standard which requires the adoption or use of one or more practices, means, methods, operations, or processes reasonably necessary or appropriate to provide safe or healthful employment and places of employment. (g) "Work place" means any plant, yard, premises, room, or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control. (h) For the purpose of computing time under this Chapter the term "working day" means a calendar day, except Saturdays, Sundays, and all tribal governmental legal holidays, as now or hereafter amended, and for the purposes of the computation of time within which an act is to be done under the provisions of this Chapter, shall be computed by excluding the first working day and including the last working day. (i) "Authorized Representative" means an employee, agent, or officer of the department. (j) "Tribal Court" mean's the Colville Tribal Court. (k) "Colville Tribal Safety Committee" shall mean a committee of not less than five persons nominated by the director and approved by the Colville Business Council to one (1) year terms.
This Chapter shall apply with respect to employment performed in any work place within the jurisdiction of the Confederated Tribes of the Colville Reservation. The department may provide by rule consistent with other tribal law for a schedule of fees and charges to be paid by each employer subject to this Chapter. The fees and charges collected shall be for the purpose of defraying such employer's pro rata share of the expenses of enforcing and administering this Chapter.
The director shall make, adopt, modify, and repeal rules and regulations governing safety and health standards for conditions of employment as authorized by this Chapter. At least thirty (30) days prior to such rule making, the director shall cause public notice of such hearing to be made in a newspaper of general circulation on the Reservation with a general description of the subject matter of the proposed rules and information as to where copies of any rules and regulations proposed for adoption may be obtained and with a solicitation for recommendations in writing or suggestions for inclusion or changes in such rules to be submitted. The director may present such rules at a public hearing where the director determines or is required by law to hold such a hearing and may utilize the Colville Tribal Administrative Procedure Act, where appropriate, to provide for notice and comment. 6-1-21 Rules and Regulations—Guidelines—Standards In the adoption or rules and regulations under the authority of this Chapter, the director shall: (b) Provide for the adoption of occupational health and safety standards which are at least as effective as those adopted or recognized by the United States Secretary of Labor under the authority of the Occupational Safety and Health Act of 1970 (Public Law 91-596; 84 Stat. 1590); and (c) Provide a method of encouraging employers and employees in their efforts to reduce the number of safety and health hazards at their work places and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions; and (d) Provide for the promulgation of health and safety standards and the control of conditions in all work places concerning gases, vapors, dust, or other airborne particles, toxic materials, or harmful physical agents which shall set a standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life; any such standard shall require, where appropriate, the use of protective devices or equipment and for monitoring or measuring any such gases, vapors, dust, or other airborne particles, toxic materials, or harmful physical agents; and (e) Provide for appropriate reporting procedures by employers with respect to such information relating to conditions of employment which will assist in achieving the objectives of this Chapter; and (f) Provide for the frequency, method, and manner of the making or inspections of work places without advance notice; and (g) Provide for the publication and dissemination to employers and employees posting where appropriate by employers of informational, educational, or training materials calculated to aid and assist in achieving the objectives of this Chapter; and (h) Provide for the establishment of new, and the perfection and expansion of, existing programs for occupational safety and health education for employers and employees, and, in addition institute methods and procedures for the establishment of a program for voluntary compliance solely through the use of advice and consultation with employers and employees with recommendations including recommendations of methods to abate violations relating to the requirements of this Chapter and all applicable safety and health standards and rules and regulations promulgated pursuant to the authority of this Chapter; and (i) Provide for the adoption of safety and health standards requiring the use of safeguards in trenches and excavations and around openings of hoistways, hatchways, elevators, stairways, and similar openings; and (j) Provide for the promulgation of health and safety standards requiring the use of safeguards for all vats, pans, trimmers, cut off, gang edger, and other saws, planers, presses, formers, cogs, gearing, belting, shafting, coupling, set screws, live rollers, conveyors, mangles in laundries, and machinery of similar description, which can be effectively guarded with due regard to the ordinary use of such machinery and appliances and the danger to employees therefrom, and with which the employees of any such work place may come in contact while in the performance of their duties and prescribe methods, practices, or processes to be followed by employers which will enhance the health and safety of employees in the performance of their duties when in proximity to machinery or appliances mentioned in this subsection. Each employer: (b) Shall comply with the rules, regulations, and orders promulgated under this Chapter. 6-1-23 Right of Entry—Inspections and Investigations—Subpoenas—Contempt The director, or any authorized representative, in carrying out his duties under this Chapter, upon the presentation of appropriate credentials to the owner, manager, operator, or agent in charge, is authorized: (b) To inspect, survey, and investigate during regular working hours and at other reasonable times, and within reasonable manner, any such work place and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent, or employee; and (c) In making inspections and making investigations under this Chapter the director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the Tribal Courts. In the case of failure or refusal of any person to obey such an order the Tribal Court shall have jurisdiction to issue to such person an order requiring such person to appear to produce evidence when so ordered, and to give testimony relating to the matter under investigation or in question. Any failure to obey such order of the Court may be punished by said Tribal Court as a contempt thereof. 6-1-24 Variances From Safety and Health Standards—Temporary Order—Application Contents—Procedure (a) Any employer may apply to the director for a temporary order granting a variance from any safety and health standard promulgated by rule or regulation under the authority of this Chapter. Such temporary order shall be granted only if the employer files an application which meets the requirements of subsection two of this section and establishes that the employer is unable to comply with a safety or health standard because of the unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the safety and health standard or because necessary construction or alteration of facilities cannot be completed by the effective date of such safety and health standard, that he is taking all available steps to safeguard his employees against the hazards covered by the safety and health standard and he has an effective program for coming into compliance with such safety and health standard as quickly as practicable. Any temporary order issued under the authority of this subsection shall prescribe the practices, means, methods, operations, and processes which the employer must adopt and use while the order is in effect and state in detail his program for coming into compliance with the safety and health standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing upon request of the employer or any affected employee. The name of any affected employee requesting a hearing under the provisions of this subsection shall be confidential and shall not be disclosed without the consent of such employee. The director may issue an interim order to be effective until a determination is made or a decision rendered if a hearing is demanded. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard, or one year, whichever is shorter, except that such an order may be renewed not more than twice, so long as the requirements of this subsection are met and if an application for renewal is filed at least ninety (90) days prior to the expiration date of the order. No renewal or a temporary order may remain in effect for longer than one hundred eighty (180) days. (b) An application for a temporary order under this section shall contain: (1) A specification of the safety and health standard or portion thereof from which the employer seeks severance; (2) A representation by the employer, supported by proof from qualified persons having first hand knowledge of the facts as represented, that he is unable to comply with the safety and health standard or portion thereof and a detailed statement of the reasons therefor. (3) A statement of the steps the employer has taken and will take, with specific dates, to protect employees against the hazard covered by the standard; (4) A statement as to when the employer expects to be able to comply with the standard or portion thereof and what steps he has taken and will take, with dates specified, to come into compliance with the standard; and (5) A certification that the employer by the date of mailing or delivery of the application to the director, has informed his employees of the application by providing a copy thereof to his employees or their authorized representative by posting a copy of such application in a place or places reasonably accessible to all employees or by other appropriate means of notification and by mailing a copy to the authorized representative of such employees; the application shall set forth the manner in which the employees have been so informed. The application shall also advise employees and their employee representatives of their right to apply to the director to conduct a hearing upon the application for a variance. 6-1-25 Variances From Safety and Health Standards—Notice—Hearing—Order-Modification or Revocation Any employer may apply to the director for an order for a variance from any rule or regulation establishing a safety and health standard promulgated under this Chapter. Affected employees shall be given notice of each such application and in the manner prescribed by section 6-1-24 shall be informed of their right to request a hearing on any such application. The director shall issue such order granting a variance, after opportunity for an inspection, if he determines or decides after a hearing has been held, if request for hearing has been made, the applicant for the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by such applicant employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the safety and health standard or standards from which the variance is sought. The order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which he must adopt and utilize to the extent they differ from the standard in question. At any time after six (6) months has elapsed from the date of the issuance of the order granting a variance upon application of an employer, employee, or the director on his own motion, after notice has been given in the manner prescribed for the issuance of such order may modify or revoke the order granting the variance from any standard promulgated under the authority of this Chapter. 6-1-26 Inspections—Employer and Employee Representatives A representative of the employer and an employee representative authorized by the employees of such employer shall be given an opportunity to accompany the director, or an authorized representative, during the physical inspection of any work place for the purpose of aiding such inspection. Where there is no authorized employee representative, the director or his authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the work place. The director may adopt procedural rules and regulations to implement the provisions of this section.
Each employee shall comply with the provisions of this Chapter and all rules, regulations, and orders issued pursuant to the authority of this Chapter which are applicable to his own actions and conduct in the course of his employment. Any employee or representative of employees who in good faith believes that a violation of a safety or health standard, promulgated by rule under the authority of this Chapter exists that threatens physical harm to employees, or that an imminent danger to such employees exists, may request an inspection of the work place by giving notice to the director or his authorized representative of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or representative of employees. A copy of the notice shall be provided the employer or his agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available pursuant to any provision of this Chapter. If upon receipt of such notification the director determines that there are reasonable grounds to believe that such violation or danger exists, he shall make a special inspection as soon as practicable, to determine if such violation or danger exists. If the director determines there are no reasonable grounds to believe that a violation or danger exists, he shall notify the employer and the employee or representative of employees in writing of such determination. Prior to or during any inspection of a work place, any employee or representative of employees employed in such work place may notify the director or any representative of the director responsible for conducting the inspection, in writing, of any violation of this Chapter which he has reason to believe exists in such work place. The director shall, by rule, establish procedures for informal review of any refusal by a representative of the director to issue a citation with respect to any such alleged violation, and shall furnish the employee representative of employees requesting such review a written statement of the reasons for the director's final disposition of the case. 6-1-28 Violations—Citations If upon inspection or investigation the director or an authorized representative believes that an employer has violated a requirement of section 6-1-22, or any safety or health standard promulgated by rule adopted by the director, or the conditions of any order granting a variance pursuant to this Chapter, he shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provisions, or the statute, standard, rule, regulation, or order alleged to have been violated. In addition, the citation shall, fix reasonable time for the abatement of the violation. The director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health. Each citation, or a copy or copies thereof, issued under the authority of this section and section 6-1-29 shall be prominently posted, at or near each place a violation referred to in the citation occurred or as may otherwise be prescribed in regulations issued by the director. The director shall provide by rule for procedures to be followed by an employee representative upon written application to receive copies of citations and notices issued to any employer having employees who are represented by such employee representative. Such rule may prescribe the form of such application, the time for renewal of applications, and the eligibility of the applicant to receive copies of citations and notices. No citation may be issued under this section or section 6-1-29 after the expiration of six (6) months following a compliance inspection, investigation, or survey revealing any such violation.
(a) If upon inspection or investigation, the director, or an authorized representative, believes that an employer has violated a requirement of section 6-1-22, or any safety or health standard promulgated by rules or the department, or any conditions of an order granting a variance, which violation is such that a danger exists from which there is a substantial probability that death or serious physical harm could result to any employee, the director or an authorized representative shall issue a citation and may issue an order immediately restraining any such condition, practice, method, process, or means in the work place. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such danger and prohibit the employment or presence of any individual in locations or under conditions where such danger exists, except individuals whose presence is necessary to avoid, correct, or remove such danger or to maintain the capacity of a continuous process operation in order that the resumption of normal operations may be had without a complete cessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner. In addition, if any machine or equipment, or any part thereof, is in violation of a requirement of section 6-1-22 or any safety or health standard promulgated by rules of the department, and the operation of such machine or equipment gives rise to a substantial probability that death or serious physical harm could result to any employee, and an order of immediate restraint of the use of such machine or equipment has been issued under this subsection, the use of such machine or equipment is prohibited, and a notice to that effect shall be attached thereto by the director or an authorized representative. (b) Whenever the director, or an authorized representative, concludes that a condition of employment described in subsection one of this section exists in any work place, he shall promptly inform the affected employees and employers of the danger. (c) At any time that a citation or a citation and order restraining any condition of employment or practice described in subsection one of this section is issued by the director, or his authorized representative, he may in addition request the tribal prosecutor to make an application to the Tribal Court for a temporary restraining order or such other relief as appears to be appropriate under the circumstances.
(a) If after an inspection or investigation the director or an authorized representative issues a citation under the authority of sections 6-1-28 or 6-1-29, the department, within a reasonable time after the termination of such inspection or investigation, shall notify the employer by certified mail of the penalty to be assessed under the authority of section 6-1-34 and shall state that the employer has fifteen (15) working days within which to notify the director that he wishes to appeal the citation or assessment or penalty. If, within fifteen (15) working days from the communication of the notice issued by the director the employer fails to notify the director that he intends to appeal the citation or assessment penalty, and no notice is filed by any employee or representative of employees under subsection three of this section the citation and the assessment shall be deemed a final order of the department and not subject to review by any Court or agency. (b) If the director has reason to believe that an employer has failed to correct a violation for which a citation has been issued within the period permitted in the citation for its correction, which period shall not begin to run until the entry of a final order in the case of any appeal proceedings under this section initiated by the employer in good faith and not solely for delay or avoidance or penalties, the director shall notify the employer by certified mail of such failure to correct the violation and or the penalty to be assessed under section 6-1-34 by reason of such failure, and shall state that the employer has fifteen (15) working days from the communication of such notification and assessment of penalty to notify the director that he wishes to appeal the director's notification of the assessment of penalty. If, within fifteen (15) working days from the receipt of notification issued by the director the employer fails to notify the director that he intends to appeal the notification of assessment of penalty, the notification and assessment of penalty shall be deemed a final order of the department and not subject to review by any Court or agency. (c) If any employer notifies the director that he intends to appeal the citation issued under either sections 6-1-28 or 6-1-29 or notification of the assessment of a penalty issued under subsection one or two of this section, or if within fifteen (15) working days from the issuance of a citation under either sections 6-1-28 or 6-1-29 any employee or representative of employees files a notice with the director alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the director may reassume jurisdiction over the entire matter, or any portion thereof upon which notice of intention to appeal has been filed with the director pursuant to this subsection. If the director reassumes jurisdiction of all or any portion of the matter upon which notice of appeal has been filed with the director, any redetermination shall be completed and corrective notices or assessment of penalty, citations, or revised periods of abatement shall be completed within a period of thirty (30) working days, which redetermination shall then become final subject to direct appeal to the board of industrial insurance appeals within fifteen (15) working days of such redetermination with service of notice of appeal upon the director. In the event that the director does not reassume jurisdiction as provided in this subsection, he shall promptly notify the Colville Tribal Safety Committee of all notifications of intention to appeal any such citations, and such notices of assessment of penalty and any employee or representative of employees notice of intention to appeal the period of time filed for abatement of a violation and in addition certify a full copy of the record in such appeal matters to the board. The director may adopt rules of procedure for the reassumption of jurisdiction under this subsection affording employers, employees and employee representatives notice of the reassumption of jurisdiction by the director, and an opportunity to object or support the reassumption of jurisdiction, either in writing or orally at an information conference to be held prior to the expiration of the thirty (30) day period. A notice of appeal filed under this section shall stay the effectiveness of any citation or notice of the assessment of a penalty pending review by the Colville Tribal Safety Committee, but such appeal shall not stay the effectiveness of any order or immediate restraint issued by the director authority of section 6-1-29. The Colville Tribal Safety Committee shall afford an opportunity for a hearing in the case of each such appellant and the department shall be represented in such hearing by the tribal prosecutor and the Committee shall in addition provide affected employees or authorized representatives of affected employees an opportunity to participate as parties to hearings under this subsection. The Colville Tribal Safety Committee shall thereafter make disposition of the issues in accordance with procedures established by the Committee. Upon application by an employer showing that a good faith effort to comply with the abatement requirements of a citation has been made and that the abatement has not been completed because of factors beyond his control, the director after affording an opportunity for a hearing shall issue an order affirming or modifying the abatement requirements in such citation. 6-1-31 Appeal to Tribal Court—Review or Enforcement of Orders (a) Any person aggrieved by an order of the director which has been upheld by the Safety Committee may obtain a review of such order in the Tribal Court by filing a written appeal containing all relevant facts and legal arguments in such court within thirty (30) days following the communication of the Committee's order or denial of any petition or petitions for review. Such appeal shall be perfected by filing with the tribal prosecutor and by serving a copy thereof by mail, or personally, on the director and on the Committee. The Committee shall thereupon transmit a copy of the notice of appeal to all parties who participated in proceedings before the Committee, and shall file in the Court the complete record of the proceedings. Upon such filing the Court shall have jurisdiction of the proceedings and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings and the record of proceedings a decree affirming, modifying, or setting aside in all or in part, the decision of the Committee and enforcing the same to the extent that such order is affirmed or modified. The commencement of appellate proceedings under this subsection shall not operate as a stay of the order of the Committee. No objection that has not been urged before the Committee shall be considered by the Court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Committee where the Committee has denied a petition or petitions for review with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any party shall apply to the Court for leave to adduce additional evidence and shall show to the satisfaction of the Court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Committee, the Court may order such additional evidence to be taken before the Committee and to be made a part of the record. The Committee may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact are supported by substantial evidence on the record considered as a whole, shall be conclusive, and its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with it, the jurisdiction of the Court shall be exclusive and the judgment and decrees shall be final, except as the same shall be subject to review by the Colville Tribal Court of Appeals. (b) The director may also obtain review or enforcement of any final order of the Committee by filing a petition for such relief in the Tribal Court. The provisions of subsection one of this section shall govern such proceeding to the extent applicable. If a notice of appeal, as provided in subsection one of this section, is not filed within thirty days after service of the Committee's order, the Committee's findings of fact, decision, and order or the examiner's findings of fact, shall be conclusive in connection with any petition for enforcement which is filed by the director after the expiration of such thirty (30) day period. In any such case, as well as in the case of an unappealed citation or a notification of the assessment of a penalty by the director, which has become a final order under subsection one or two of section 6-1-30 upon application of the director, the tribal prosecutor, unless otherwise ordered by the Court, shall forthwith seek a decree enforcing the citation and notice of assessment of penalty and shall transmit a copy or such decree to the director and the employer named in the director's petition. In any contempt proceeding brought to enforce a decree of the Tribal Court entered pursuant to this subsection or subsection one of this section the Tribal Court may assess the penalties provided in section 6-1-34, in addition to invoking any other available remedies.
(a) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Chapter, or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Chapter. (b) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this section may, within thirty (30) days after such violation occurs, file a complaint with the director alleging such discrimination. Upon receipt of such complaint, the director shall cause an investigation to be made. If upon such investigation, the director determines that the provisions of the section have been violated, an action shall be brought in the Tribal Court against the person or persons who is alleged to have violated the provisions of this section. If the director determines that the provisions of this section have not been violated, the employee may institute the action in the Colville Tribal Court on his own behalf within thirty (30) days of such determination. In any such action the Tribal Court shall have jurisdiction, for cause shown, to restrain violations of subsection (a) of this section and order all appropriate relief including rehiring or reinstatement of the employee to his former position with back pay. (c) Within ninety (90) days of the receipt of the complaint filed under this section, the director shall notify the complainant of a determination under subsection (b) of this section. 6-1-33 Injunctions—Temporary Restraining Orders (a) In addition to and after having invoked the powers of restraint vested in the director as provided in section 6-1-29 the Tribal Court shall have jurisdiction, upon petition of the director through the tribal prosecutor, to enjoin any condition or practice in any work place from which there is a substantial probability that death or serious physical harm could result to any employee immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Chapter. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such danger and prohibit the employment or presence of any individual in locations or under conditions where such danger exists, except individuals whose presence is necessary to avoid, correct, or remove such danger or to maintain the capacity of a continuous process operation to resume normal operation without a complete cessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner. (b) Upon the filing of any such petition the Tribal Court shall have jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of enforcement proceedings pursuant to this Chapter, except that no temporary restraining order issued without notice shall be effective for a period longer than five (5) working days. (c) Whenever and as soon as any authorized representative or the director concludes that a condition or practice described in subsection one exists in any work place, he shall inform the affected employees and employers of the danger and may recommend to the director that relief be sought under this section. (d) If the director arbitrarily or capriciously fails to invoke his restraining authority under section 6-1-29 or fails to seek relief under this section, any employee who may be injured by reason of such failure, or the representative of such employees, may bring an action against the director in the Tribal Court for a writ of mandamus to compel the director to seek such an order and for such further relief as may be appropriate or seek the director to exercise his restraining authority under section 6-1-29.
(a) Any employer who willfully or repeatedly violates the requirements of section 6-1-22, on any safety or health standard promulgated under the authority of this Chapter, on any, existing rule or regulation governing the conditions of employment promulgated by the department, or on any order issued granting a variance under sections 6-1-24 or 6-1-25 may be assessed a civil penalty not to exceed fifty thousand dollars ($50,000) for each violation. (b) Any employer who has received a citation for a serious violation of the requirements of section 6-1-22, on any safety or health standard promulgated under the authority of this Chapter, on any existing rule or regulation governing the conditions of employment promulgated by the department, or on any order issued granting a variance under sections 6-1-24 or 6-1-25 as determined in accordance with subsection six of this section, shall be assessed a civil penalty not to exceed five thousand dollars ($5,000) for each such violation. (c) Any employer who has received a citation for a violation of the requirements of section 6-1-22, any safety or health standard promulgated under this Chapter, any existing rule or regulation governing the conditions of employment promulgated by the department, or any order issued granting a variance under sections 6-1-24 or 6-1-25, where such violation is specifically determined not to be of a serious nature as provided in subsection six of this section, may be assessed a civil penalty not to exceed three thousand dollars ($3,000) for each such violation, unless such violation is determined to be de minimis. (d) Any employer who fails to correct a violation for which a citation has been issued under sections 6-1-28 or 6-1-29 within the period permitted for its correction, which period shall not begin to run until the date of the final order of the Safety Committee in case or any review proceedings under this Chapter initiated by the employer in good faith and not solely for delay or avoidance of penalties, may be assessed a civil penalty of not more than five thousand dollars ($5,000) for each day during which such failure or violation continues. (e) Any employer who violates any of the posting requirements of this Chapter, or any of the posting requirements of rules promulgated by the department pursuant to this Chapter related to employee or employee representative's rights to notice, including but not limited to those employee rights to notice set forth in sections 6-1-24, 6-1-25, 6-1-28, 6-1-29, 6-1-38(a) and 6-1-39(b), shall be assessed a penalty not to exceed three thousand dollars ($3,000) for each such violation. Any employer who violates any of the posting requirements for the posting of informational, educational, or training materials under the authority of section 6-1-21, may be assessed a penalty not to exceed one thousand five hundred dollars ($5,000) for each such violation. (f) For the purposes of this section, a serious violation shall be deemed to exist in a work place if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use in such work place, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. (g) The director, or an authorized representative of the director, shall have authority to assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the number of affected employees of the employer being charged, the gravity of the violation, the size of the employer's business, the good faith of the employer, and the history of previous violations. (h) Civil
penalties imposed under this Chapter shall be paid to the director for
deposit in the Tribal General Fund. Civil penalties may be recovered
in a civil action in the name of the department brought in the Tribal
Court.
(a) Any person within the jurisdiction of the Tribes, who gives advance notice of any inspection to be conducted under the authority of this Chapter, without the consent of the director or his authorized representative, shall, upon conviction be guilty of a gross misdemeanor and be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six (6) months, or by both. (b) Whoever, within the jurisdiction of the Tribes, knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this Chapter shall, upon conviction be guilty of an offense and be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment for not more than six (6) months or by both. (c) Any employer, within the jurisdiction of the Tribes, who willfully and knowingly violates the requirements of section 6-1-22, any safety or health standard promulgated under this Chapter, any existing rule or regulation governing the safety or health conditions of employment and adopted by the director, or any order issued granting a variance under sections 6-1-24 or 6-1-25 and that violation caused death to any employee shall, upon conviction be guilty of a gross misdemeanor and be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than one (1) year or by both. (d) Any employer, within the jurisdiction of the Tribes, who has been issued an order immediately restraining a condition, practice, method, process, or means in the work place, pursuant to sections 6-1-29 or 6-1-33, and who nevertheless continues to use a machine or equipment or part thereof to which a notice prohibiting such use has been attached, shall be guilty of an offense and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than six (6) months, or by both. (e) Whenever the director has reasonable cause to believe that any provision of this section defining a crime has been violated by an employer, the director shall cause a record of such alleged violation to be prepared, a copy of which shall be referred to the tribal prosecutor, and the tribal prosecutor shall in writing advise the director of the disposition he shall make of the alleged violation.
All information reported to or otherwise obtained by the director, or an authorized representative, in connection with any inspection or proceeding under the authority of this Chapter, which contains or which might reveal a trade secret shall be considered confidential, except that such information may be disclosed to other officers or employees concerned with carrying out this Chapter, or when relevant in any proceeding under this Chapter. In any such proceeding the director, or the Court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.
6-1-38 Records—Reports—Notice to Employee Exposed to Harmful Materials (a) Each employer shall make, keep, and preserve, and make available to the director such records regarding his activities relating to this Chapter as the director may prescribe by regulation as necessary or appropriate for the enforcement of this Chapter or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this section such regulations may include provisions requiring employers to conduct periodic inspection. The director shall also issue, regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protection and obligations under this Chapter, including the provisions of applicable safety and health standards. (b) The director shall prescribe regulations requiring employers to maintain accurate records, and to make periodic reports of work-related deaths, and of injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job. (c) The director shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provisions for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents, in concentrations or at levels which exceed those prescribed by any applicable safety and health standard promulgated under this Chapter and shall inform any employee who is being thus exposed of the corrective action being taken.
The director is authorized to adopt by rule any provision reasonably necessary to enable this Tribe to qualify as a tribal plan under section 18 of the Occupational Safety and Health Act of 1970 (Public Law 91-596, 84 Stat. 1590) to enable this Tribe to assume the responsibility for the development and enforcement of occupational safety and health standards in all work places within this reservation subject to the legislative jurisdiction of the Tribe. The director is authorized to enter into agreement with the United States and to accept on behalf of the Tribe grants of funds to implement the development and enforcement of this Chapter and the Occupational Safety and Health Act of 1970, as amended. 6-1-40 Safety and Health Standards (a) The director in the promulgation of rules under the authority of this Chapter shall establish safety and health standards for conditions of employment of general and/or specific applicability for all industries, businesses, occupations, crafts, trades, and employments subject to the provisions of this Chapter, or those that are a national or accepted federal standard. In adopting safety and health standards for conditions of employment, the director shall solicit and give due regard to all recommendations by any employer, employee, or labor representative of employees. (b) Any safety and health standard adopted by rule of the director, shall, where appropriate, prescribe the use of labels or other forms of warning to insure that employees are apprised of all hazards to which they may be exposed, relevant symptoms, and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure. Where appropriate, such rules shall so prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals, and in such manner as may be reasonably necessary for the protection of employees. In addition, where appropriate, any such rule shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. In the event that such medical examinations are in the nature of research, as determined by the director, such examinations may be furnished at the expense of the department. The results of such examinations or tests shall be furnished only to the director, other appropriate agencies or government, and at the request of the employee to his physician. (c) Whenever the director adopts by rule any safety and health standard the director may at the same time provide by rule the effective date of such standard which shall not be less than thirty (30) days, excepting emergency rules, but may be made effective at such time in excess of thirty (30) days from the date of adoption as specified in any rule adopting a safety and health standard. Any rule not made effective thirty (30) days after adoption, having a delayed effectiveness in excess of thirty (30) days, may only be made upon a finding made by the director that such delayed effectiveness of the rule is reasonably necessary to afford the affected employers a reasonable opportunity to make changes in methods, means, or practices to meet the requirements of the adopted rule. Temporary orders granting a variance may be utilized by the director in lieu of the delayed effectiveness in the adoption of any rule.
In furtherance of the objects and purposes of this Chapter, the director shall develop and maintain an effective program of collection, compilation, and analysis of industrial safety and health statistics. The director, or his authorized representative, shall investigate and analyze industrial catastrophes, serious injuries, and fatalities occurring in any work place subject to this Chapter, in an effort to ascertain whether such injury or fatality occurred as the result of a violation of this Chapter, or any safety and health standard, rule, or order promulgated pursuant to this Chapter, or if not, whether a safety and health standard or rule should be promulgated for application to such circumstances. The director shall adopt rules relating to the conducting and reporting of such investigations. Such investigative report shall be deemed confidential and only available upon order of the Tribal Court after notice to the director and an opportunity for hearing: Provided, that such investigative reports shall be made available without the necessity of obtaining a court order, to employees of governmental agencies in the performance of their official duties, to the injured worker or the injured workers' legal representative or labor organization representative, or to the legal representative or labor organization representative of a deceased worker who was the subject of an investigation, or to the employer of the injured or deceased worker or any other employer or person whose actions or business operation is the subject of the report of investigation, or any attorney representing a party in any pending legal action in which an investigative report constitutes relevant and material evidence in such legal action.
This act shall be known and cited as the Colville Tribal Industrial Safety and Health Chapter.
If any provision of this Chapter, or its application to any person or circumstance is held invalid, the remainder of the Chapter, or the application of the provision to other persons or circumstances is not affected. (Chapter
6-1 Adopted 12/21/87, Resolution 1987-725)
6-2-1 Name This Chapter shall be known as the Colville Liquor Control Chapter.
(a) The introduction, possession and sale of liquor on Indian reservations has been clearly recognized as a matter of special concern to Indian tribes and to the United States for more than 150 years. United States V. Sandoval, 231 U.S. 28 (1913); 18 U.S.C. §1161; 18 U.S.C.§1154. (b) In the year 1953 the Business Council of the Colville Confederated Tribes acting under its inherent powers as the government of the Colville Indian Reservation and under powers delegated to it by the United States adopted a resolution permitting the sale and possession of alcoholic beverages within the boundaries of the reservation, subject to the laws of the State of Washington. (c) Under present conditions the Business Council of the Colville Confederated Tribes finds it necessary to more closely control the sale, distribution, and possession of alcoholic beverages within the boundaries of the Colville Indian Reservation. The sale, distribution, and possession of such beverages has become a major or sole portion of the trade of many businesses which have been established on the Colville Indian Reservation affecting the people of the reservation and the schools, churches and other agencies of social betterment which have been established on the reservation. (d) Present day circumstances make a blanket grant by the Tribes to the State of Washington of liquor regulation and taxation ineffective and unrealistic. At the same time a need exists for strict tribal regulation and control over liquor distribution. (e) In order to operate a system for control of liquor on the reservation, the Business Council finds that appropriate license fees and taxes must be assessed against all distribution of liquor on the reservation, where such fees and taxes do not violate the Constitution of the Colville Confederated Tribes or federal law. (f) The enactment of a tribal Code governing liquor (sales and) distribution on the reservation, providing for taxation and licensing of all business entities selling or distributing alcoholic beverages within the boundaries of the reservation will increase the ability of the tribal government to control the reservation liquor distribution, sale and possession, and at the same time will provide an important source of revenue for the continued operation of specific delivery of governmental services to the residents of the reservation. (g) The Colville Business Council finds that alcohol related criminal and family problems are the single greatest cause of social conflict among the people of the Colville Indian Reservation. (h) The Business Council finds that the present system of regulation by adoption of State law has been found over the course of thirty (30) years to be inadequate to the needs of the members of the Colville Confederated Tribes and the residents of the Colville Indian Reservation. (i) The Business Council finds that Tribal regulation of the introduction, sale, distribution, and possession of liquor on the reservation is necessary to protect the health, security and welfare of all persons and property on the reservation. (j) The Business Council further finds it necessary to raise additional revenues for the Tribal Alcohol Rehabilitation Program and Tribal Law Enforcement agencies and to provide for their expansion and increased efficiency. (k) The Business Council further finds it necessary to raise additional revenues to provide funds for other tribal social programs. (l) For these reasons, the Business Council finds it necessary to enact this Chapter establishing the Colville Liquor Control Board and regulating the introduction, sale, taxation, distribution, and possession of liquor on the Colville Indian Reservation.
The introduction, sale, distribution, and possession of liquor shall be lawful within the Indian country under the jurisdiction of the Confederated Tribes of the Colville Indian Reservation and within the exterior boundaries of the Colville Indian Reservation only when such activities are in conformity with this Chapter. Such introduction, sale, distribution, and possession shall be in conformity with the laws of the State of Washington when required by Public Law 83-2-7, enacted August 15, 1953, and as provided in this Chapter and regulation and orders of the Colville Liquor Control Board.
This Chapter shall govern the introduction, sale, distribution, and possession of liquor within the Colville Indian Reservation pursuant to federal law; Resolution 1953-50 passed on October 9, 1953 by the Colville Business Council and published in the Federal Register, Volume 18, No. 230, on November 25, 1953 and shall supersede and amend all prior enactments of the Business Council inconsistent with this Chapter. (a) "Alcohol" means that substance known as ethyl alcohol, bydrated oxide or ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance. (b) "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than four percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. Any such beverage, including ale, stout and porter, containing more than four percent of alcohol by weight shall be referred to as "strong beer." (c) "Brewer" means any person engaged in the business of manufacturing beer and malt liquor. (d) "Board" means the Colville Liquor Control Board. (e) "Council" means the Business Council of the Colville Confederated Tribes. (f) "Consume" means the puffing of liquor to any use, whether by drinking or otherwise. (g) "Distiller" means a person engaged in the business of distilling spirits. (h) "Employee" means any person employed by the Board. (i) "Fund" means liquor revolving fund. (j) "Interdicted person" means a person to whom the sale of liquor is prohibited by an order of interdiction filed with the Board pursuant to this Chapter. (k) "Liquor" means the four varieties of liquor (alcohol, spirits, wine and beer) and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquor or solid or semi-solid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. (l) "Manufacturer" means a person engaged in the preparation of liquor for sale, in any form whatsoever. (m) "Malt liquor" means beer, strong beer, ale, stout and porter. (n) "Package" means any container or receptacle used for holding liquor. (o) "Person" means an individual, co-partnership, association or corporation. (p) "Public place" means streets and alleys of incorporated cities and towns; state, county, township or tribal highways or roads; buildings and grounds used for school purposes; rodeo grounds; parks; tribal ceremonial grounds; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this Chapter, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly-owned bathing beaches, parks or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public. (q) "Regulations" means regulations made by the Board under the power conferred by this Chapter. (r) "Reservation" means the Colville Indian Reservation, including all land and waters within the exterior boundaries thereof. (s) "Sale" and "Sell" means exchange, barter, and traffic; and also include the selling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by and person to person; and also include a sale or selling within the Reservation to a foreign consignee or his agent. (t) "Spirits" means any beverage which contains alcohol obtained by distillation, including wines exceeding seventeen (17%) percent of alcohol by weight. (u) "Store" means a tribally-owned or individually owned and operated store licensed under this Chapter. (v) "Tribes" means the Confederated Tribes of the Colville Indian Reservation, Washington. (w) "Vendor" means a person licensed by the board as a store manager under this Chapter. (x) "Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, etc.), or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than seventeen (17%) percent of alcohol by weight, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding seventeen percent (17%) of alcohol by weight. (y) "Wholesale price" mean's the established price for which liquor, beer and wine products are sold to the Colville Confederated Tribes or to any licensed operator by the manufacturer or distributor, exclusive of any discount or other reduction. (z) "Liquor products outlet" mean's any retail sales business selling liquor, beer, or wine in sealed packages within the boundaries of the Colville Indian Reservation. (aa) "Tavern" means any retail sales business selling beer, liquor or wine not in sealed packages, that is "by the drink," within the boundaries of the Colville Indian Reservation. (bb) "Operator" means any person employed or licensed by the Colville Liquor Board to operate a liquor outlet. (cc) "Distribute" means to deliver or sell liquor products prior to retail sale. (a) Minimum Age of 21: Except as otherwise provided by tribal or federal law, an employee in a tribally licensed outlet or tavern may sell liquor to any person twenty one (21) years of age or older for beverage purposes. (Amended
7/3/02, Resolution 2002-410) (b) Proof of Minimum Age: Where there may be a question of a person's right to purchase liquor by reason of his age, such person shall be required to present any one of the following official issued cards of identification which shows his correct age and bears his signature and photograph:
(c) Regulation Regarding Identification: The Board may adopt such regulations as it deems proper covering the acceptance of such identification cards. (d) Cash Sales Only: No liquor sold under this section shall be delivered until the purchaser has paid for the liquor in cash. (e) Sealed Packages May Be Required-Exception: The Board shall by regulation prescribe that any or all liquors other than malt liquor be delivered to any purchaser at a tribally licensed outlet only in a packaged sealed with the official tribal tax stamp. (f) Consumption on Tavern Premises: No employee in a tribally licensed liquor outlet shall open or consume, or allow to be opened or consumed any liquor on the store premises. (g) Sunday Closing: No sale or delivery of liquor shall be made on or from the premises of any tribal liquor store, nor shall any store be open for the sale of liquor on Sunday, before the hour of 12:00 p.m., noon. (h) Record of Purchases: All records whatsoever of the Board showing purchases by any individual of liquor shall be deemed confidential, and, except subject to audit by the Tribal auditor, shall not be permitted to be inspected by any person whatsoever, except by employees of the Board to the extent permitted by the regulations; and no member of the Board and no employee whatsoever shall give out any information concerning such records, and neither such records nor any information relative thereto shall be competent to be admitted as evidence in any court or courts except in prosecutions for illegal possession or of sale of liquor. (i) Interdicted Persons: No tribally licensed outlet or tavern shall sell liquor to a person that the outlet or tavern owner knows, or should have known, has been found to be an habitual alcoholic by order of the Colville Tribal Court. When the Liquor Board finds that such a sale to an interdicted person has been made, the Board shall suspend the tribal license of the outlet or tavern for not less than thirty (30) days nor more than one (1) year. Appeals of such a suspension shall be directly to the Tribal Court but such an appeal shall not stay the suspension during the process of the appeal. (j) Intoxicated Persons: No tribally licensed outlet or tavern shall sell liquor to any buyer when, from the physical appearance of the buyer at the time of the sale, it could be reasonably believed or understood that the buyer was intoxicated. Any owner of a liquor outlet or tavern found to have made a sale to a buyer by the Colville Tribal Court, shall be, in any action for civil damages against the buyer and owner, jointly and severally liable in damages for any injury for which the buyer is found liable, and which injury occurs within eight (8) hours after the sale by the outlet or tavern to the buyer.
(a) Creation of Board: The Colville Liquor Control Board shall be comprised of three persons appointed by the Council for two year terms and paid a stipend and expenses as fixed by the Council. (b) Terms of Office: Two Commissioners of the Board shall hold office until January 1, 1984 and one Commissioner of the Board shall hold office until January 1, 1985. Commissioners appointed to fill positions of members whose terms of office have expired shall hold office for the ensuing two (2) year term. Commissioners shall hold office for the ensuing two (2) year term. Commissioners shall hold office after expiration of their terms of office until their successors are duly appointed and approved. (c) Ineligibility: No member of the Board shall be at the same time a member of the Colville Business Council, or have ever been convicted of a felony crime in any jurisdiction. (d) Removal from Office: A Commissioner may be removed from office by the Council upon conviction of a crime, or for gross neglect of duty, misfeasance of malfeasance in office, or ineligibility to serve as a member of the Board. Specific written charges shall be served upon the member of the Board at least ten (10) days before a Council hearing upon the matter, and he shall be given an opportunity to answer the charges at the hearing. If the Commissioner refuses to appear before the Council, the Council shall proceed to vote upon his removal. The decision of the Council shall be final. (e) Vacancy and Interim Appointment: If a member of the Board shall die, resign, be incapacitated, leave the area of the Reservation or be removed from office, a vacancy on the Board shall be created automatically, and at its next regular or special meeting, the Council shall appoint an eligible person to fill the vacant position for the remainder of the term of office of the member of the Board whose position he is to fill. (f) Chairman: The Chairman of the Board shall be appointed by the Board. (g) Bond: Each Commissioner shall enter into a surety bond executed by a surety company authorized to do business in the State of Washington, payable to the Council, to be approved by the Council in the penal sum of $ 10,000, conditioned upon the faithful performance of his duties, and shall take and subscribe to the oath of office as provided herein. (h) Oath of Office: Each Commissioner shall take the following oath of office:
(i) Administration and Employees: The administration of this Chapter shall be vested in the Board which may employ such number of employees as in its judgement are required from time to time. Board employees shall be paid pursuant to a salary schedule established by the Council. (j) Regulation by Board: For the purpose of carrying into effect the provisions of this Chapter according to their true intent or of supplying any deficiency therein, the Board may make such regulations and issues such order not inconsistent with the spirit of this Chapter as are deemed necessary or advisable. All such regulations and orders shall have the same force and effect as if incorporated in this Chapter. Without limiting the generality of the foregoing provisions it is declared that the power of the Board to make regulations and issue orders shall include the power to:
(k) Purchase of Liquor by Board: Every order for the purchase of liquor shall be authorized by the Board, and no order for liquor shall be valid or binding unless it is so authorized and signed by two members of the Board. (l) Immunity from Personal Liability: Neither the Board nor any Commissioner thereof shall be personally liable in any action at law for damages sustained by any person because of any action performed or done or omitted to be done by the Board or any employee of the Board in the performance of his duties and the administration of this Chapter. (m) Preemption of Field by Tribes: No municipality, city, town or county, nor the State of Washington, shall have power to impose an excise or any other tax upon liquor as defined in this Chapter, or to govern or license the sale or distribution thereof in any manner within the Colville Indian Reservation, except as permitted in the regulations of the Board. (n) Inspection of Records: For the purpose of obtaining information concerning any matter related to the administration or enforcement of this Chapter, the Board, or any person appointed by it in writing for the purpose, may inspect the books and records of any manufacturer or drugstore doing business on the Reservation and of any common carrier operating within the Reservation who possesses liquor within the boundaries of the Reservation. Every person who neglects or refuses to produce or submit for inspection any records referred to in this section when requested to do so by the Board or a person appointed by it, shall be guilty of a violation of this Chapter. (a) Creation of Fund: There shall be a fund, known as the "Liquor Revolving Fund" which shall comprise all taxes, fees, penalties, forfeitures, and all other monies, income or revenue received by the Board. (b) Custodian of Fund: The Board shall be custodian of the fund. (c) Individual Indian Money Account: The fund shall be kept in an Individual Indian Money Account at the Colville Indian Agency. All monies received by the Board or any employee thereof, except an amount of petty cash fixed by the Board, shall be deposited each day into the fund. (d) Disbursements: Disbursement from the fund shall be on authorization of the Board or a duly authorized representative thereof. (e) Use of Revenue: All revenue derived from the Colville Liquor Control Code shall be used in accordance with this section. All revenue shall be specially earmarked and used only for the following purposes.
(a) Home Use: Nothing in this Chapter shall apply to wine or beer manufactured in any home for consumption therein, and not for sale. (b) Sale to Board: Nothing in this Chapter shall apply to or prevent the sale of liquor by any person to the Board. (c) Shipment in Commerce:
(d) Religious Use: Nothing in this Chapter shall apply to alcoholic beverages used in a bona fide religious ceremony. Nothing in this Chapter shall apply to or prevent sale, purchase or consumption of:
(a) Upon adoption of appropriate regulations by the Board, any person may apply to the Board for a license to operate a liquor products outlet or tavern on any lands within the boundaries of the Colville Indian Reservation. Liquor Products Outlets and Taverns shall not be licensed to operate on the same premises. (b) The Liquor Board shall decide which applicants if any shall receive a license under this section. The Board shall give written reasons why a license is to be denied or terminated after an open hearing on the license. Each license granted shall specify what liquor products are authorized to be sold, shall specify any restrictions on the license and shall be issued for one year. Licenses shall be automatically renewed upon payment of the license fee and taxes due, unless the Board shall decide against renewal in writing and after a hearing in which the applicant may give reasons why a license should not be denied. No person shall hold more than one liquor outlet and one tavern license at one time. (c) The Board in determining which applicant, if any, shall receive a license under this section, shall consider the current number of liquor outlets and taverns in operation in one geographic area, the reputation of the applicant and the establishment to be licensed, and shall not act so as to frustrate the central purposes of this Chapter by allowing the unnecessary proliferation of liquor product outlets or taverns or by licensing an establishment which violates the peace and welfare of the people of the Colville Indian Reservation. Appeals from denied or cancellation of a license shall be to the Tribal Court of the Colville Tribes. Appeals shall not stay the effect of the denial or cancellation. The exclusive ground for appeal shall be that the applicant was denied due process or equal protection of the law in denying or canceling the license. (d) A licensee under this section shall be deemed to be an operator of a liquor product outlet or tavern and shall manage the outlet in a way that does not violate the laws of the Colville Confederated Tribes. The licensee shall comply with all parts of this Chapter, and with all rules and regulations established by the Liquor Board, and shall stipulate in the license that for purposes of this Chapter the licensee shall be subject to the civil jurisdiction of the Tribal Court of the Colville Confederated Tribes. (e) The license fee for a liquor outlet or tavern shall be $250.00 per year, due January 31 of each calendar year, and shall not be proratable; or whatever fee shall be set by the Board.
(a) All persons, businesses, or entities of any sort distributing liquor products to businesses or persons within the boundaries of the Colville Indian Reservation are subject to the provisions of this Chapter. (b) All persons, businesses, or entities of any sort, distributing liquor products to businesses or persons within the boundaries of the Colville Indian Reservation shall be required to obtain a license from the Liquor Board. (c) Unless changed by regulation the sole distributor of liquor products on the Colville Indian Reservation shall be the liquor board; provided, that distributors when properly licensed under this Chapter may distribute beers and malt liquors on the Colville Indian Reservation. (d) Any person or entity which does distribute liquor products to any person or business located within the boundaries of the Colville Indian Reservation at a time when such person or entity is not validly licensed to do business by the Liquor Board shall be in violation of this Chapter and in violation of applicable Federal Indian Liquor Laws. (e) The Liquor Board shall receive applications for licenses to distribute liquor products and shall decide whether to grant any application within ninety (90) days of filing with the Board. The application fee shall be $30.00 or such larger amount as the Board may determine. Upon the granting of a license to distribute the applicant shall pay a fee. (f) An annual fee of $250.00, or such larger amount as the Board may determine, shall be charged for each license to distribute. All such fees shall be due and owning on January 31st of each year. Licenses to distribute shall expire on February 1st of each year unless the annual fee has been paid. Persons or entities holding expired licenses to distribute may apply for a new license under section 6-2-12(e) above. (g) Persons or entities holding licenses under this section shall be required to subject themselves in writing to the civil jurisdiction of the Colville Confederated Tribes and its Tribal Court for the purposes of this Chapter. (h) The Liquor Board may grant, deny or cancel a license to distribute at any time and for any reason and shall deny or cancel a license for failure to pay taxes or failure to abide by the laws of the Colville Confederated Tribes or failure to abide by the applicable state or federal laws.
The Board, upon written petition, may issue a license for special purposes to a non-profit organization, as defined in Title 66 of the Revised Code of Washington, as determined by regulations established by the Board. Such special license shall not be issued for a period longer than forty-eight (48) hours and shall allow liquor sales or service by the drink only. A fee shall be charged for the issuance of a special license in an amount to be determined by the Board. No special license shall be issued which provides privileges to a nonprofit organization beyond those available under Washington State Law under similar circumstances.
(a) A tax amounting to precisely the same amount of tax collected by the State of Washington on the same or similar liquor item shall be assessed and collected by the Liquor Board, unless some other amount is determined by Liquor Board Regulations. Taxes shall be paid by each taxpayer under this Chapter to the Board on the fifteenth day of each month for all liquor products sold delivered during the preceding month. Unpaid taxes shall accumulate simple interest at a rate of 18% per year. (b) The Board shall collect taxes due by bringing civil lawsuits against delinquent distributors in the Tribal Court or other Court having jurisdiction. The Board shall being/bring these tax collection suits in its own name or in the name of the Colville Confederated Tribes. The Board, with an appropriate Trial Court Order, shall have the power to seize and sell any property of delinquent distributors for taxes interest due. (c) Taxes collected by the Board shall be held in a trust account until paid over by the Board to the Treasurer of the Colville Confederated Tribes. (d) The Board shall have the power to allow or license its own agent to be the sole distributor of certain liquor products within the boundaries of the Colville Indian Reservation.
Nothing in this Chapter is intended or shall be construed as a waiver of the sovereign immunity of the Confederated Tribes of the Colville Reservation. No member of the Liquor Board or manager or employee of the Liquor Enterprise is authorized to waive the immunity from suit of the Colville Confederated Tribes.
A licensee under this Chapter may conduct other business simultaneously with the management of a liquor products outlet. The other business may be conducted on the same premises.
No person shall operate a liquor product outlet or tavern within the boundaries of the Colville Indian Reservation without first obtaining a current and valid Tribal license under this Chapter; persons in violation of this section shall be considered to be in violation of all federal Indian liquor laws and regulations as well as in violation of this Chapter.
(a) The Liquor Board of the Colville Confederated Tribes shall have the following powers to enforce this Chapter. (b) Non-payment of Taxes:
(c) Failure to Obtain a License and all Other Violations:
The Board, upon written petition, may issue a license similar in effect to the Washington State Class H Liquor license as defined and limited in Revised Code of Washington Sections 66.04.010(5), 66.24.400, 66.24.420, 66.24.450, to a club or fraternal organization; provided that the Board shall determine the fee to be charged for each category of license, and that R.C.W. § 66.24.450(1) shall not apply to decisions of the Board. (Chapter 6-2 Passed 10/9/53, Resolution 1953-50) (July 2002 version of Chapter 6-2)
6-3-1 CABO One and Two Family Dwelling Code The Colville Business Council hereby adopts the 1989 edition of the Council of American Building Officials (CABO) One and Two Family Dwelling Code and future modifications thereto to be included in the Colville Tribal Building Code. The Director of Public Works is hereby appointed as the "building official" as designated in the Building Code. Copies of the CABO One and Two Family Dwelling Code shall be filed with the Public Works and Planning Departments and the Office of the Code Reviser and made available for public inspection. (Adopted 12/5/91, Resolution 1991-447)
The Model Energy Code set forth in Chapter 53 of the Uniform Building Code and the Model Energy Code referred to in Part VII of the CABO One and Two Family Dwelling Code are hereby replaced with the 1987 version of the Northwest Energy Code under Chapter 6-4 of this Code. (Amended
9/6/01, Resolution 2001-493)
6-4-1 Adoption of Northwest Energy Code The Colville Business Council hereby adopts the 1987 version of the Northwest Energy Code as Chapter 6-4 of the Colville Tribal Code. This Code shall replace the Model Energy Code set forth in Chapter 53 of the Uniform Building Code adopted by the Business Council in Resolution 1988-515 and the Model Energy Code referred to in Part VII of the CABO One and Two Family Dwelling Code adopted by the Business Council in Resolution 1991-447. (Chapter 6-4 Adopted 12/5/91, Resolution 1991-448) FINDINGS, POLICY AND PURPOSE 6-5-1 Findings The Colville Business Council finds that:
It shall be tribal policy to develop and oversee the regulation and operation of authorized gaming activities to the end that the Tribes is better able to provide its members with community and social services and economic development while at the same time insuring that unregulated gambling and gaming are not allowed on the Colville Reservation.
The purposes of this Chapter are:
6-5-20 Rules of Construction In this Chapter, unless otherwise specifically provided:
For purposes of this Chapter, unless otherwise expressly provided, the following definitions shall apply:
6-5-50 Establishment There is hereby established a Colville Tribal Gaming Commission which shall carry out law enforcement and regulatory functions as defined in this Chapter, consisting of a chairman and four other members, at least two of whom shall be members of the Tribes, but none of whom shall be employees or managers of the Enterprises or CTEC. The members of the Public Safety Committee of the Business Council shall serve as the Interim Colville Tribal Gaming Commission. The Business Council shall appoint the permanent commission pursuant to this Chapter no later than ninety (90) days from the adoption of this Chapter unless said time period is extended by resolution of the Business Council.
The commission chairman and two members shall be appointed by resolution of the Council to a term of three (3) years commencing on the date of their appointment; provided, that the initial members so appointed shall serve for terms deemed to commence on April 1, 1995, and one of the initial members appointed shall be designated to serve an initial term of one (1) year and one of the initial members appointed shall be designated to serve for an initial term of two (2) years.
The Commissioners shall be at least thirty-five (35) years of age and shall have substantial education or experience in gaming operations, the practice of gaming law, gaming control, law enforcement, accounting, or public administration. No member or employee of the commission shall participate as a player in any gaming activities conducted by the Tribes.
The members of the commission shall serve on a part-time basis as needed to perform the functions established by this Chapter. Compensation for the commissioners shall be set by the Business Council after considering the recommendation of the commission.
The Colville Tribal Gaming Commission is empowered to:
The Commission shall have primary responsibility for oversight of tribal gaming operations to assure the integrity of such operations and shall, for that purpose, employ non-uniformed inspectors who shall be present in all gaming facilities during all hours of operation and who shall be under the sole supervision of the commission and not to any management employees of the Tribal gaming operation. Such inspectors shall have unrestricted access to all areas of the gaming facilities at all times, and personnel employed by the enterprise shall for such purposes provide such inspectors access to locked and secured areas of the gaming facilities in accordance with the standards of maintenance and operation adopted by the Business Council. Such inspectors shall report to the commission regarding any failure by the enterprise to comply with any of the provisions of this Chapter and any other applicable documents and laws and ordinances of the Tribes. Inspectors assigned by the commission shall also receive consumer complaints within the gaming facilities and shall assist in seeking voluntary resolution of such complaints.
The commission may on its own initiative investigate any aspect of the operations of the enterprise in order to protect the public interest in the integrity of such gaming activities, and to prevent improper or unlawful conduct in the course of such gaming activities, and shall investigate any report of a failure of the enterprise to comply with the provisions of this Chapter and any applicable compact and may require the enterprise to take any corrective action deemed necessary by the commission upon such terms and conditions as the commission may determine appropriate. The commission may compel any person employed by or doing business with the enterprise to appear before it and to provide such information, documents or other materials as may be in their possession to assist in any such investigation.
The commission shall prepare a plan for the protection of public safety and the physical security of patrons in each of its gaming facilities, following consultation with local law enforcement agencies, setting forth the respective responsibilities of the commission, the security department of the enterprise, tribal law enforcement, and local law enforcement agencies.
The commission shall enforce the health and safety standards applicable to the gaming facilities of the enterprise in accordance with this Chapter. Prior to the opening of any facility for Class III gaming the enterprise shall obtain a certificate of compliance from the commission upon a determination that the gaming facilities of the enterprise comply with such standards.
The commission may receive any complaint from an employee of the enterprise or any member of the public who is or claims to be adversely affected by an act or omission of the enterprise which is asserted to violate this Chapter, any applicable regulation, or the standards of management and operation adopted pursuant to this Chapter, and may upon consideration of such complaint order such remedial action as it deems appropriate to bring the enterprise into compliance with such provisions. The commission may for this purpose, in its sole discretion, conduct a hearing and receive evidence with regard to such complaint if it deems an evidentiary proceeding useful in the resolution of such complaint.
The commission may adopt an annual operation budget which shall be subject to the approval of the Business Council and may in accordance with said budget employ such staff from time to time as it deems necessary to fulfill its responsibilities under this Chapter, and may obtain legal counsel and other professional services, including investigative services, to assist the commission with respect to any of the issues over which the commission exercises jurisdiction. The expenses of the commission in accordance with such budget shall be assessed against the enterprises and the enterprises shall pay such assessment to the Tribes.
The Chairman of the commission or any other member of the commission acting in the absence of the Chairman may, whenever he deems it necessary to protect the public interest in the integrity of tribal gaming operations, issue in the name of the commission any order which the commission has the power to issue, to the enterprise or any employee or contractor of the enterprise or to any other person within the jurisdiction of the Tribes to take any action or cease and desist from any action as may be required to protect to the public interest; provided, that such order shall be subject to review by the commission at its earliest opportunity, whereupon it may be confirmed or vacated by the commission.
The commission shall appoint an individual to serve as a full time director of the commission to administer its responsibilities on a day-to-day basis and to oversee inspectors appointed by the commission as well as such other staff as the commission may from time to time employ. The director shall be responsible for coordination of the functions of the commission with tribal law enforcement and other law enforcement agencies. The chairman may request the director to conduct a preliminary investigation and render a recommendation to the commission with respect to the grant or denial of any license, the imposition of any penalty, the investigation of any complaint, or any other action within the jurisdiction of the commission. The director shall have the power, in the name of the commission, to conduct any hearing, investigation or inquiry, compel the production of any information or documents, and otherwise exercise the investigatory powers of the commission, as any other powers which the commission may exercise under this Chapter.
(a) Regular meetings of the commission may be held upon such notice, or without notice, and at such time and place as shall from time to time be fixed by the commission. Unless otherwise specified by the commission, no notice of such regular meeting shall be necessary. (b) Special meetings of the commission may be called by the chairman or the commission director. The person or persons calling the special meeting shall fix the time and place thereof. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the commission need to be specified in the notice of the meeting. (c) At any meeting of the commission, a majority of the members then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members present at a meeting at which a quorum is present shall be the act of the commission. The chairman shall preside at all meetings of the commission unless the chairman designates another member to preside in his absence. (d) Any action required or permitted to be taken at a meeting of the commission may be taken without a meeting if all of the members sign written consents setting forth the action taken or to be taken, at any time before or after the intended effective date of such action. Such consents shall be filed with the minutes of the commission, and shall have the same effect as a unanimous vote or resolution of the commission at a legal meeting thereof. Any such action taken by unanimous written consents may, but need not be, set forth in such consents in the form of resolutions or votes. (e) Members of the commission may participate in a meeting of the commission by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting in such matter by any member who does not object at the beginning of such meeting to the holding thereof in such manner shall constitute presence in person at such meeting. (f) No action of the commission to impose a penalty pursuant to the subchapter on enforcement, sanctions, and penalties under this Chapter, or to revoke a license for a gaming employee previously issued by the commission, shall be valid unless the person affected is given at least seven (7) days notice of the proposed action and the opportunity to appear and be heard before the commission, either in person or through a representative or legal counsel, and to submit such evidence as the commission deems relevant to the matter at issue; provided, that if the commission deems it necessary to protect the public interest in the integrity of the gaming activities, the commission may take such action with immediate effect as it deems required, and shall thereupon provide notice and an opportunity to be heard to the affected person as soon as is reasonably practical following such action. Any person who is denied an initial gaming employee license or who is barred from the gaming facilities by action of the commission may request a hearing before the commission by written request submitted within thirty days following receipt of notice of the action of the commission, and the commission shall thereupon afford an opportunity to appear and be heard before the commission, either in person or through a representative or legal counsel, and to submit such evidence as the commission deems relevant to the matter at issue and thereafter the commission shall either affirm or reconsider its decision. Any hearing conducted under this subsection may at the direction of the commission be conducted by the commission director or by one or more members of the commission designated by the commission for that purpose. (g) The commission may adopt such additional procedures and rules as it deems necessary or convenient to govern its affairs and which are consistent with this Chapter.
6-5-90 Construction Consistent With IGRA This Chapter shall be construed in a manner which conforms to the Act in all respects, and if inconsistent with the Act in any manner, the provisions of the Act shall govern.
In compliance with 25 U.S.C. § 2710(b)(2)(A), the Tribes shall have the sole proprietary interest and responsibility for the conduct of any gaming activity on the Reservation; provided however, that nothing herein shall interfere with the exercise by any secured party of its rights under any collateral lease, leasehold mortgage or other financing agreement with the Tribes to enforce its security interests in the premises on which such gaming activities may be conducted, or to enforce its rights against gross revenues of the Tribes from its gaming activities for the purpose of repayment of the debt obligations of the Tribes to such secured party in accordance with the provisions of such agreements.
In compliance with 25 U.S.C. §§ 2710(b)(2)(B), net revenues from any gaming activity are not to be used for purposes other than:
Net revenues from gaming may be used to make per capita payments to members of the Tribes upon the preparation of a plan to allocate revenues to the above uses and approval of the plan by the Secretary of the Department of Interior.
In compliance with 25 U.S.C. §§ 2710(b)(2)(C) and (D), all gaming activities shall be subject to an audit by independent certified public accountants, not less than annually, and copies of the annual audit shall be provided to the NIGC. All contracts for supplies, services, or concessions for a contract amount in excess of $25,000 annually (except contracts for professional, legal or accounting services) relating to Class II or Class III gaming shall be subject to such audits.
In compliance with 25 U.S.C. § 2710(b)(2)(E), the construction and maintenance of any gaming facilities, and the operation of gaming activities, shall be conducted in a manner which adequately protects the environment and the public health and safety and for that purpose shall comply with all applicable health, safety and environmental standards enacted by the Tribes and to the extent that federal water discharge standards are specifically applicable to the Reservation, such federal standards shall govern. The commission established by this Chapter shall be empowered to enforce these requirements as provided in the subchapter on the Colville Tribal Gaming Commission under this Chapter hereof.
In compliance with 25 U.S.C. § 2710(b)(2)(F), all Class III gaming employees, including all primary management officials and key employees of any Class II or Class III gaming enterprise, together with other Class II gaming employees as are required by the commission to secure such licenses, shall be licensed by the Tribes and subject to background investigations and ongoing review, including annual renewal of such licenses. The Tribes shall notify the NIGC of the results of the commission's licensing process for its primary management officials and key employees in accordance with the regulations and procedures established the NIGC in 25 CFR Part 556. For all Class III gaming employees and those Class II gaming employees required to obtain a license as a gaming employee from the commission established pursuant to this Chapter, the commission shall conduct background investigations of all such employees and shall deny or revoke such licenses for any employee whose prior activities, criminal record, if any, or reputation, habits and associations pose a threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practice and methods and activities in the conduct of gaming. The commission shall notify the NIGC of the results of its background investigation for the primary management officials and key employees of its Class II gaming operations as provided in 25 C.F.R Part 558 and all of its Class III employees.
A separate license shall be required for each location or facility in which gaming is authorized by the Tribes. The license shall be issued by the Tribal Gaming Commission and shall be displayed by the gaming operation at the facility.
6-5-130 Tribal Gaming Authorized (a) The Confederated Tribes of the Colville Reservation may conduct any Class II gaming activity authorized by the commission consistent with provisions of this Chapter and the Act. (b) The Confederated Tribes of the Colville Reservation may conduct any Class III gaming activity authorized by the commission consistent with the provisions of this Chapter and the Act.
The commission with the consent of the Business Council may authorize tribal departments, political subdivisions or subordinate charitable organizations of the Tribes to operate raffles and amusement games. Such operation shall be consistent with this Chapter and any special conditions imposed by the commission.
The commission with the consent of the Business Council may authorize other non-tribal organizations and entities to operate raffles and amusement games. Such operation shall be consistent with this Chapter and any special conditions imposed by the commission.
The commission may authorize any Class II or Class III gaming activity "permitted " within the State as that term is defined under the Act.
No person duly authorized by the commission shall engage in, conduct or condone any Class II or Class III gaming activity unless such game is approved by the Commission and the regulations for the rules governing such game have been duly promulgated by the commission.
Traditional Indian games played by tribal members and their guests shall not constitute gaming within the meaning of this Chapter but shall be subject to reasonable and necessary regulation by the commission.
6-5-180 Minimum Procedures for Control of Internal Fiscal Affairs The commission shall promulgate regulations for control of internal fiscal affairs of all gaming operations. At a minimum, those regulations shall:
(a) The commission shall, by regulation, require audits of the financial statements of all gaming operations. Such audits must:
(b) The commission shall bear its own costs related to performance of the provisions of this section.
The commission shall be able to retain its own appointed accountants, or direct an accountant employed by the Tribes, to conduct its own audit of any gaming operation.
Any delay, maneuver or action of any kind which in the opinion of the commission is effectuated by any licensee to unlawfully divert gaming or other proceeds properly belonging to the Tribes shall constitute grounds for taking disciplinary action against that licensee. If the commission finds an unlawful diversion was attempted, it shall sanction the licensee. Sanctions shall be in imposed in accordance with the subchapter on enforcement, sanctions, and penalties under this Chapter and may include fining, revoking, suspending, limiting or refusing to renew the license.
Failure to comply with this subchapter or the regulations promulgated hereunder, shall constitute a per se violation of this Chapter.
6-5-210 Violations It shall be a violation of this Chapter for any person to:
6-5-240 Sanctions Any person who within the jurisdiction of the Tribes conducts any unauthorized gaming activity regulated by the commission shall be subject to the sanctions and penalties of Chapter 2-3 and Chapter 3-2, and Section 3-1-185 of the Colville Tribal Code as now or hereafter amended and shall also be subject to civil penalties for each violation pursuant to section 6-5-241 of this Chapter.
Any person or entity who violates any provision of this Chapter or regulations adopted hereunder shall be subject to a civil penalty of not less than fifty ($50.00) dollars and no more than five thousand ($5,000) dollars for each violation, in addition to any applicable criminal penalties.
Any person or entity who violates any provision of this Chapter or regulations adopted hereunder shall be subject to loss of the license provided under this Chapter for a period of not less than one month nor more than five (5) years at the absolute discretion of the commission.
When the commission, its director, an agent of the commission or a tribal law enforcement officer has reasonable cause to believe that a violation of this Chapter is taking place or has taken place, the commissioner, law enforcement officer or agent shall issue the violator a citation. All citations shall be referred to the commission and a duplicate copy delivered to the tribal prosecutor.
The commission, its director, an agent of the commission or a tribal law enforcement officer may remove any person subject to a citation pursuant to section 6-5-243 from a gaming facility whenever the circumstances of the violation lead them to believe that continuation of the activity will affect the public peace or safety or the honesty of the gaming activity.
Each day that a violation continues shall be considered a separate offense for the purposes of this subchapter.
An aggrieved party may appeal any final decision of the commission under this subchapter to the tribal court.
6-5-280 Tribal Court Jurisdiction The Colville Tribal Court shall have exclusive jurisdiction to adjudicate controversies under this Chapter including appeals from final decisions of the Commission under the subchapter on the Colville Tribal Gaming Commission under this Chapter.
Nothing in this Chapter is intended or shall be construed as a waiver of the sovereign immunity of the Tribes; and no manager, officer or employee of the commissioner shall be authorized, nor shall he attempt, to waive the immunity of the Tribes.
Damage suits against any employee, officer, agent, manager or director of the Tribes or any of its departments or agencies for disputes arising under this Chapter or regulations promulgated hereunder are prohibited. 6-5-290 Resolution 1983-61 Repealed—Application Fees and Tribal Share of Income The Colville amended Gambling Code, as adopted in Resolution 1983-61, is hereby repealed; provided, however, that the commissioner, the Tribal Bingo Enterprise, Mill Bay Casino and the general managers of the gaming enterprises and CTEC shall continue to exercise their respective powers and carry out their respective duties as established under the licenses issued under the former amended Gambling Code until the commission notifies each of them that they must obtain the necessary licenses under this Chapter for gaming activities within the jurisdiction of the Tribes. Provided further, that the enterprises shall continue to pay the ten (10%) percent tribal share as set forth in section 40.7.02, of Resolution 1983-61 1, based upon operating income until the Business Council adopts an alternate distribution plan by resolution. 1 (Recodification error between Resolutions 1983-61 and 1995-178)
6-5-310 Amendments All provisions of this Chapter and any regulations promulgated hereunder are subject to revision, repeal, or amendment by the Business Council at any time.
If any provision or application of this Chapter is determined by review to be invalid, such determination shall not be held to render such provision inapplicable to other persons or circumstances, nor shall such determination render invalid any other provision of this Chapter. (Chapter
6-5 Adopted 2/15/95, Resolution 1995-178) Back to Top |