Hoopa Valley Tribe - Tribal Code
Table of Contents Updated: February 2017
The tribe makes their code available online. The links below will take you to the version of the code available on the tribe's website. Please contact the library if you need assistance.
Table of Contents
Title 1 - Judiciary
CHAPTER 1: AUTHORITY, ESTABLISHMENT
1.1.01 Authority
1.1.02 Establishment of the Tribal Court and Appellate Court
1.1.03 Establishment of the Judicial Committee
1.1.04 Jurisdiction
1.1.05 Concurrent Jurisdiction
1.1.06 Prior Inconsistent Codes and Ordinances Repealed
1.1.07 Amendment of Law and Order Code
1.1.08 C.F.R. No Longer Applicable
1.1.09 Codification
1.1.10 Court Evaluation
1.1.11 Court Training Session
CHAPTER 2: ELECTION, APPOINTMENT AND REMOVAL OF JUDGES
1.2.01 Number of Judges and Manner of Selection
1.2.02 Bonding
1.2.03 Term
1.2.04 Judges Pro-Tern
1.2.05 Non-attorney Judge's Clerk
1.2.06 Compensation
1.2.07 Eligibility
1.2.08 Screening by Election Board and Conduct of Elections
1.2.09 Conflict of Interest; Nepotism
1.2.10 Disqualification of Judge
1.2.11 Removal of Judges
1.2.12 Judicial Cooperation
1.2.13 Administrative Responsibilities
1.2.14 Oath of Office
1.2.15 Intertribal Agreements
CHAPTER 3: GENERAL COURT PROCEDURES
1.3.01 Sessions of Court
1.3.02 Acting Chief judge
1.3.03 Rules of Court - Procedures
1.3.04 Disqualification of Judge
1.3.05 Means to Carry Jurisdiction into Effect
1.3.06 Annual Budget
CHAPTER 4: COURT OF APPEALS
1.4.01 Court of Appeals
1.4.02 Appellate Panel
1.4.03 Appellate Court Chief Judge
1.4.04 Conflict of Interest
1.4.05 Decisions
CHAPTER 5: COURT PERSONNEL POLICIES
1.5.01 Tribal Personnel Policies Generally
1.5.02 Exempt Employees
1.5.03 Holidays
1.5.04 Court Hours
1.5.05 Implied Consent
CHAPTER 6: RELATIONS WITH COURT
1.6.01 BIA Employees
CERTIFICATION
Title 2 - Civil Actions
Chapter 1: General Provisions; Traditional Tribal Law General Provisions
2.0 Prior Enactments or Amendments, Effect
2.1.01 Procedure to Be Applied
2.1.02 Standard of Proof
2.1.03 Penalties for Perjury
2.1.04 Course of Proceedings
2.1.05 Traditional Tribal Law
Chapter 2 Parties; Joinder of Claims; Persons
2.2.01 The Capacity to Sue and Be Sued
2.2.02 Real Party in Interest
2.2.03 Joinder of Claims and Remedies
2.2.04 Joinder of Persons Needed for Just Adjudication (Necessary Party)
Chapter 3 Commencement of Action; Service of Process; Pleadings, Motions and Orders; Time Commencement of Action; Service of Process
2.3.01 Commencement of Action
2.3.02 Filing with the Court Defined
2.3.03 Summons
2.3.04 Service
2.3.05 Actions Initiated by the Hoopa Valley Tribe
2.3.06 Service of Subsequent Papers
Pleadings, Motions and Orders
2.3.07 Pleadings Allowed
2.3.08 Format and Contents
2.3.09 Pleading Special Matters
2.3.10 Discretion to Strike
2.3.11 Address; Signature Required
2.3.12 Complaint
2.3.13 Statute of Limitations
2.3.14 Answer
2.3.15 Counter Claim and Cross-Claim
2.3.16 Third Party Practice
2.3.17 Amended & Supplemental Pleadings
2.3.18 Motions and Other Papers
2.3.19 RESERVED
Time
2.3.20 Time
2.3.21 Response to Complaint
2.3.22 Response to a Motion
2.3.23 Notice of Hearings and Trials
2.3.24.1 The Court's Discretion
2.3.24.2 Ex Parte Application
Chapter 4: Motion Practice; Pretrial Proceedings; Discovery; Witnesses; Subpoenas
Motion Practice
2.4.01 Motion Defined
2.4.02 Service
2.4.03 Opposition
2.4.04 Motion for Summary Judgment
2.4.05 Motion Hearings Defined
2.4.06 Motion Hearing
Pretrial Proceedings; Disclosure
2.4.07 Pretrial Conference Hearings Defined
2.4.08 Pretrial Conference Hearing: Discovery Plan
2.4.09 Required Disclosures
Discovery
2.4.10 Discovery Defined
2.4.11 Methods to Discover Additional Matter
2.4.12 Timing and Sequence of Discovery
2.4.13 Depositions Upon Oral Examination
2.4.14 Depositions Upon Written Questions
2.4.15 Use of Depositions in Court Proceedings
2.4.16 Persons Before Whom Depositions May Be Taken
2.4.17 Stipulations Regarding Discovery Procedure
2.4.18 Interrogatories
2.4.19 Supplementation of Disclosures and Responses
2.4.20 Limits to Discovery
2.4.21 Production of Documents/Entry Upon Land for Inspection
2.4.22 Physical and Mental Examination
2.4.23 Request for Admission
2.4.24 Failure to Cooperate in Discovery: Sanctions
2.4.25 Enforcement Proceedings
Witnesses; Subpoenas
2.4.26 Compelling Witnesses to Appear
2.4.27 Subpoenas to Compel Appearance of Witnesses
2.4.28 Subpoenas
Chapter 5: Rules of Evidence Hearsay; Witnesses Testimony; Presenting Evidence; Rulings on Evidence
2.5.01 Relevance
2.5.02 Personal Knowledge
2.5.03 Lay Opinion
2.5.04 Unfair Prejudice
2.5.05 Character Evidence
2.5.06 Proof of Character
2.5.07 Evidence of Habit
2.5.08 Subsequent Remedial Measures, Compromise, Offers, Liability Insurance
2.5.09 Inadmissibility of Pleas, Offers, and Related Statements
2.5.10 Authentication and Identification
2.5.11 Requirement of Original
Hearsay
2.5.12 Hearsay
Witnesses Testimony
2.5.13 Oath
2.5.14 Preliminary Questions
2.5.15 Limited Admissibility
2.5.16 Judicial Notice of Adjudicative Facts
2.5.17 Competency of Judge; Juror as Witness
Presenting Evidence
2.5.18 Mode and Order of Interrogation and Presentation
2.5.19 Calling and Interrogation of Witnesses
2.5.20 Writing Used to Refresh Memory
2.5.21 Prior Statements of Witnesses
2.5.22 Who May Impeach
2.5.23 Evidence of Character and Conduct of Witness
2.5.24 Impeachment by Evidence of Conviction of a Crime
Rulings on Evidence
2.5.25 Rulings on Evidence
Chapter 6 Appeals
2.6.01 Appellate Court Jurisdiction
2.6.02 Composition of the Hoopa Valley Tribal Court Appellate Panel
2.6.03 Notice of Appeal
2.6.04 Appellate Bond
2.6.05 Stay of Execution or Modification of Injunction
2.6.06 Record on Appeal
2.6.07 Transcript or Audio Recording of Court Proceedings or Administrative Hearing
2.6.08 Preparation of Written Transcripts
2.6.09 Briefs, Motions, and Other Papers Filed in the Appellate Case
2.6.10 Filing Requirements
2.6.11 Briefs
2.6.12 Appellant's Brief
2.6.13 Respondent's Brief
2.6.14 Reply Brief
2.6.15 Brief of an Amicus Curiae
2.6.16 Motions
2.6.17 Extending Time
2.6.18 Standard of Appellate Review
2.6.19 Voluntary Dismissal
2.6.20 Oral Argument
2.6.21 Entry of Judgment
2.6.22 Interest on Judgment
2.6.23 Substitution of Parties
2.6.24 Case Involving a Constitutional Question When the Hoopa Valley Tribe is Not a Party
2.6.25 Frivolous Appeal
2.6.26 Interest on Judgment
2.6.27 Attorney's Fees or Costs
Chapter 7 Miscellaneous
2.7.01 Savings Clause
2.7.02 Recording of Hoopa Valley Tribal Court Proceedings
CERTIFICATION
Title 3 - Rules of the Court
CHAPTER 1: GENERAL PROVISIONS
RULE 1 TITLE, EFFECTIVE DATE
RULE 2 APPLICABILITY
RULE 3 GOVERNING PRINCIPLES
RULE 4 SCOPE OF RULES
RULE 5 LOCATION OF COURT
CHAPTER 2: COURT ADMINISTRATION
RULE 6 TRIBAL COURT CLERK
RULE 7 DROP BOX FOR FILING DOCUMENTS
RULE 8 COURT RECORDS
RULE 9 PUBLIC ACCESS TO CASE LAW AND CODES
CHAPTER 3: TRIBAL BAR
RULE 10 TRIBAL BAR ADMISSION
RULE 11 RIGHT TO LEGAL REPRESENTATION
RULE 12 PERSONS PROHIBITED FROM REPRESENTING OTHERS
RULE 13 ADMISSION REQUIREMENTS
RULE 14 TRIBAL COURT BAR ROSTER
RULE 15 TRIBAL COURT BAR DISBARMENT
CHAPTER 4: DUTY OF ALL PERSONS APPEARING BEFORE COURT
RULE 16 SERVICE AND FILING QF NOTICE OF CHANGE OF ADDRESS
RULE 17 DUTY TO READ AND COMPLY WITH TRIBAL CODES
RULE 18 PROHIBITED EX PARTE COMMUNICATIONS
CHAPTER 5: PRELIMINARY PROVISIONS
RULE 19 SUBSTANTIVE LAW TO BE APPLIED
RULE 20 FEES
RULE 21 CONTINUING JURISDICTION
RULE 22 APPEARANCE
RULE 23 TELEPHONE APPEARANCE
RULE 24 COURT PROCEEDINGS: DEFINITIONS
CHAPTER 6: MOTIONS
RULE 25 FORM OF MOTIONS
RULE 26 EX PARTE MOTIONS
RULE 27 CONTENTS OF NOTICE AND DECLARATION REGARDING NOTICE FOR EX PARTE REQUESTS
RULE 28 SERVICE OF PAPERS IN EX PARTE MATTERS
RULE 29 APPLICATION FOR AN ORDER EXTENDING OR SHORTENING TIME
RULE 30 FORMAT OF DISCOVERY MOTIONS
RULE 31 SERVICE OF MOTION PAPERS ON NONPARTY DEPONENT
RULE 32 MOTION TO AMEND PLEADINGS
RULE 33 MOTIONS TO STRIKE
RULE 34 MOTION OR APPLICATION FOR CONTINUANCE OF TRIAL
RULE 35 MOTION TO DISMISS FOR DELAY IN PROSECUTION
RULE 36 MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION
RULE 37 WRITTEN OBJECTTIONS TO EVIDENCE IN SUMMARY JUDGMENT OR ADJUDICATION MOTIONS
RULE 38 DISMISSAL OF ACTIONS
CHAPTER 7 FAMILY LAW
RULE 39 BIFURCATION OF ISSUES
RULE 40 FAMILY COURT DUTIES RELATIVE TO DOMESTIC VIOLENCE CASES
CHAPTER 8: SETTLEMENT
RULE 41 OFFER OF JUDGMENT
RULE 42 INFORMAL DISPUTE RESOLUTION
RULE 43 STIPULATION FOR JUDGMENT
CHAPTER 9 TRIAL
RULE 44 TRIAL
RULE 45 CONSOLIDATION; SEPARATE TRIALS
RULE 46 TAKING OF TESTIMONY
RULE 47 COURT REPORTER, STENOGRAPHER; TAPE RECORDING, STENOGRAPHIC REPORT OR TRANSCRIPT AS EVIDENCE
RULE 48 PROOF OF OFFICIAL RECORD
RULE 49 DETERMINATION OF FOREIGN LAW
RULE 50 POST TRIAL BRIEFS
CHAPTER 10: JURIES
RULE 51 RIGHT TO JURY TRIAL
RULE 52 JURORS
RULE 53 JURY FEES
RULE 54 JURY OUESTIONS. ("VOIR DIRE")
RULE 55 JURY INSTRUCTION
RULE 56 OBJECTIONS TO JURY INSTRUCTIONS
RULE 57 JUROR'S DUTY TO NOT DISCUSS CASE DURING DELIBERATIONS
RULE 58 JURY OUESTIONS DURING DELIBERATIONS
RULE 59 OFFICER TO SAFEGUARD DELIBERATIONS
CHAPTER 11: VERDICTS; JUDGMENTS
RULE 60 JURY VERDICT
RULE 61 JUDGMENTS - - GENERALLY
RULE 62 JUDGMENT AS A MATTER OF LAW IN ACTION TRIED BY JURY; RENEWAL OF MOTION FOR JUDGMENT AFTER TRIAL; ALTERNATIVE MOTION FOR NEW TRIAL CONDITIONAL RULINGS
RULE 63 DEFAULT JUDGMENT
RULE 64 DECLARATORY JUDGMENTS
RULE 65 FINDINGS BY THE COURT: JUDGMENT IN PARTIAL FINDINGS
RULE 66 ENTRY OF JUDGMENT
RULE 67 JUDGMENT - COMPENSATION
RULE 68 PUNITIVE DAMAGES
RULE 69 COSTS OF CIVIL ACTIONS; AITORNEY'S FEES
RULE 70 PREJUDGMENT COSTS
RULE 71 CLAIMING ATTORNEY'S OR SPOKESPERSON'S FEES
RULE 73 INCLUSION OF INTEREST IN JUDGMENT
RULE 74 PAYMENT OF JUDGMENTS - - TRIBAL MEMBERS
RULE 75 JUDGMENTS AND DEFENDANT'S ESTATES
RULE 76 NEW TRIALS; AMENDMENTS OF JUDGMENT
RULE 77 RELIEF FROM JUDGMENT OR ORDER
RULE 78 HARMLESS ERROR
CHAPTER 12: ENFORCEMENT OF JUDGMENTS
RULE 79 AUTOMATIC STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT
RULE 80 EXECUTION
RULE 81 ENFORCEMENT REMEDIES
RULE 82 JUDGMENT OF SPECIFIC ACTS
RULE 83 EXEMPTION FROM EXECUTION
RULE 84 PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES
CHAPTER 13: RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS
RULE 85 AUTHORITY: PROOF REQUIRED: STANDARDS
RULE 86 FILING PROCEDURES
RULE 87 REVIEW BY COURT
RULE 88 PAYMENT OF JUDGMENT
CHAPTER 14: CONTEMPT OF COURT
RULE 89 CONTEMPT OF COURT
RULE 90 ACTS OR OMISSIONS CONSTITUTING CONTEMPT
RULE 91 CONTEMPT PROCEEDINGS
RULE 92 PENALTIES FOR CIVIL CONTEMPT
CHAPTER 15: APPEALS
RULE 93 APPELLATE FILINGS
RULE 94 STAY OF EXECUTION
RULE 95 APPELLATE HEARING
RULE 96 EVIDENCE
RULE 97 TAX APPEAL
CHAPTER 16: MISCELLANEOUS
RULE 98 NET SEIZURE
RULE 99 WORKER'S COMPENSATION FORMS
RULE 100 ISSUANCE OF ORDERS IN THE INTEREST OF SUBSTANTIAL JUSTICE
RULE 101 SAVINGS CLAUSE
Title 4a - Wellness Code
1. Short Title, Purpose, and Definitions
A. Short Title
B. Purpose
C. Definitions
2. Jurisdiction of the Court
3. Na:Tini-X'We'Na: XO'-XiNayi-Din Court Procedure
A. Non-Criminal Proceedings
B. Use in Other Proceedings
C. Rules of Procedure
4. Relations with other Agencies
A. Cooperation and Grants
B. Social Services
C. Contracts
D. Transfers from Other Courts
5.
Na:Tini-X'We'Na: XO'-XiNayi-Din Court Personnel
6. Rights of Parties in Na:Tini-X'We'Na: XO'-XiNayi-Din Court Proceedings
A. Right to be Informed of the Requirements of Participation
B. Right to Timely Clinical Assessment and the Development of an Individualized Treatment Plan
C. Right to Access Services Under Treatment Plan
D. Right to Case Management Services
7. Initiation of Proceedings
A. Admission
B. Investigation by Probation Officer
C. Legal Screening for Eligibility
D. Clinical Screening for Eligibility
E. Informal Adjustment Conference
F. Court-Ordered Participation
8. Initial Na:Tini-X'We'Na: XO'-XiNayi-Din Court Hearing
A. Purpose and Conduct of Na:Tini-X'We'Na: XO'-XiNayi-Din Court Admission Hearing
B. Review and Signing of Decrees
C. Persons Not Admitted to Na:Tini-X'We'Na: XO'-XiNayi-Din Court
D. Time Limitations on Na:Tini-X'We'Na: XO'-XiNayi-Din Court
Admission Hearing
E. Notice of Hearing
F. Drafting, Filing, and Contents of Na:Tini-X'We'Na: XO'-XiNayi-Din Consent Decree
G. Contents of Na:Tini-X'We'Na: XO'-XiNayi-Din Consent Decree
9. Sample Na:Tini-X'We'Na: XO'-XiNayi-Din Consent Decree
10. Na:Tini-X'We'Na: XO'-XiNayi-Din Treatment Plan
A. Clinical Assessment and Individualized Treatment Plan
B. Assessor's Duty to Timely Assess and Individualize Treatment Plan and Breach of Duty
C. Contents of Treatment Plan
D. Case Management
E. Judicial Supervision, Consistent Supervision, and Training
F. Na:Tini-X'We'Na: XO'-XiNayi-Din Court Incentives
G. Na:Tini-X'We'Na: XO'-XiNayi-Din Court Sanctions
11. Na:Tini-X'We'Na: XO'-XiNayi-Din Court Weekly Procedure
A.
Weekly Staffing Conference
B. Weekly Na:Tini-X'We'Na: XO'-XiNayi-Din Court Status Hearing
C. Weekly Random Alcohol and/or Drug Testing
D. Weekly Pre-Hearing and/or For Cause Drug Testing
12. Revocation or Admission to Na:Tini-X'We'Na: XO'-XiNayi-Din Court
A. Hearing to Revoke Admission Na:Tini-X'We'Na: XO'-XiNayi-Din Court
B. Notice of Hearings
C. Content of the Summons
D. Service of the Summons
13. Successful Completion of Na:Tini-X'We'Na: XO'-XiNayi-Din Court Program
A. Na:Tini-X'We'Na: XO'-XiNayi-Din Court
Graduation
B. Contents of Na:Tini-X'We'Na: XO'-XiNayi-Din Court Order of Successful Completion
14. Na:Tini-X'We'Na: XO'-XiNayi-Din Court Records
15. Bi-Annual Na:Tini-X'We'Na: XO'-XiNayi-Din Court Review
Certification
Title 5 - Exclusion
Section I: Exclusion from the
Hoopa Valley Indian Reservation
Section II: Rules of Exclusion Procedure
Section III: Appeal Allowed to Hoopa Valley Tribal Court
Section IV: Violation of Order a Criminal Offense
Section V: Application for Revocation or Amendment of Order
Section VI: Subject Matter Jurisdiction
Certification
Title 6 - Legislative Procedure
6.0 Short Title
6.1
Purpose
6.2 Proposed Action
6.3 Referral by Tribal Council; Drafting
6.4 Department and Staff Action
6.5 Council Modifications and Amendments
6.6 Hearing Notification
6.7 Hearing
6.8 Council Review of Public Comment
6.9 Final Council Action
6.10 Emergency Action
6.10.1 Enactment of Emergency Regulation
6.10.2 Emergency Regulation Limitations
6.10.3 Emergency Regulation Expiration Date
6.11 Public Notice
6.12 Judicial Review by the Tribal Court
6.13 Roberts Rules of Order
6.14 Severability
Certification
Title 7 - Travel Expense
7.0 Short Title
7.1 Purpose
7.2 Applicability
7.3 Definitions
7.4 Travel for Official Tribal Business
7.5 Travel and Expense Authority
7.5.1 Local Travel
7.5.2 In-Region Travel
7.5.3 Out of Region and Extended Travel
7.6 Travel Arrangements and Record Keeping
7.7 Per Diem Rate
7.8 Tribal Credit Cards
7.9 Mileage Rates
7.10 Emergency Travel and Expense Regulations
7.10.1 Emergency Travel Approval
7.10.2 Emergency Expense Approval
7.11 Travel and Credit Card Liquidation
7.11.1 Travel Expense Liquidation
7.11.2 Credit Card Liquidation
7.12 Mandatory Filing of Complaint
7.12.1 Unreported or Unliquidated Expenses
7.12.2 Expenses Disapproved by Council
7.12.3 Sovereign Immunity Not a Defense; Council Immunity Preserved
7.12 Tribal Court Authority
7.13 Severability
Certification
Title 8 - Conflict Interest
Section
1. Purpose
Section 2. Definitions
Section 3. Effective Date
Section 4. Committee Appointments
Section 5. Board Appointments
Section 6. Employment of Tribal Council Members Prohibited
Section 7. Employees as Board and Committee Members
Section 8. Prohibition of Conflicts by Council, Committee or Board Members
Section 9. Disqualification for Nepotism
Section 10. Nepotism Pertaining to Service on Boards and Committees
Section 11. Severability
Section 12. Sovereign Immunity Preserved
Certification
Title 9 - Enrollment
SECTION 1. PURPOSE
SECTION 2. DEFINITIONS
SECTION 3. MEMBERSHIP IN THE HOOPA VALLEY TRIBE
SECTION 4. ENROLLMENT ELIGIBILITY; EVIDENCE
SECTION 5. DETERMINATION OF INDIAN BLOOD
SECTION 6. DISENROLLMENT
SECTION 7. ENROLLMENT PROCEDURE
SECTION 8. HEARINGS, REMANDS AND APPEALS
SECTION 9. ENROLLMENT COMITTEE
SECTION
10.EFFECTIVE DATE; AMENDMENT
Title 10 - Land Assignment and Lease Ordinance
10.0 Short Title
10.1. Purpose
10.2. Tribal Land Policy
10.3 Definitions
10.4 Tribal Land Management Department
10.4.0 Establishment of Land Management Department
10.4.1 Powers of Land Management Department
10.4.1.1 Powers of the Land Management Department
10.4.1.2 Develop and Enforce Regulations
10.4.1.3 Relations with other Entities
10.4.1.4 Transferring Leases into Assignments
10.4.1.5 Maintenance of Records
10.5 Land Consolidation Plan, Trust Status Transfers
10.5.1 Land Consolidation Plan
10.5.2 Transfers of Trust and Fee Status
10.6 Reserved, Implied Rights of the Hoopa Valley Tribe
10.6.1 Reserved, Implied Rights
10.6.2 Off-Sets
10.7 Council Residential Assignments - General Provisions
10.7.0 Purpose
10.7.1 Terms and Conditions of Assignments
10.7.1.1 Size of Assignments
10.7.1.2 Maintenance of Property
10.7.1.3 Numerous Assignments Null and Void
10.7.1.4 Residential Assignments Supersedes Grazing Assignments
10.7.1.5 Tribal Credit Delinquent Loans
10.7.1.6 Subject to Applicable Laws
10.7.1.7 No Assignment or Unsurveyed Areas
10.7.1.8 Conservation Practices
10.7.1.9 Riparian Set-Backs
10.7.1.10 Minimum Boundary Set-Backs
10.7.2 Reservations from Assignment
10.7.2.1 No Vested Rights or Title in Property
10.7.2.2 Mineral and Resources Reserved
10.7.2.3 Reserved Rights of Way, Easements
10.7.2.4 Use for Merchantable Timber
10.7.2.5 Limitation of Acreage
10.7.3
Designated Beneficiary
10.7.3.1
Designated Beneficiary
10.7.3.2 Designated Minor
10.7.3.3 No Designated Beneficiary
10.7.3.4 Designated Minor Reaching Eligible Age
10.7.4 Exchange of Assignment
10.7.5 Voluntary Relinquishment
10.7.6 Removal of Unmerchantable Timber
10.7.7 No Assignment of Interest
10.7.7.1 Rent, Assignment, Lease, Sublease, Transfer - Prohibited
10.7.7.2 Collateral, Pledges, Etc. - Prohibited
10.7.8 Responsibilities of Assignee
10.7.8.1
Fulfilling Terms of Assignment
10.7.8.2 Subject to Applicable Laws
10.7.9 Eligibility for Assignment
10.7.10 Application for Assignment
10.7.10.1 Written Application
10.7.10.2 Land Department Processing
10.7.11 Document Priority, Assignment Preference
10.7.11.1
Priority for Processing Applications
10.7.11.2 Preference for Granting Assignments
10.7.11.3 Preference to Applicants Without Land
10.7.12 Improvements on Assignments
10.7.12.1
Use of Property Within 12 Months
10.7.12.2 Inheritance of Improvements
10.7.12.3 Improvement - Relinquishment, Cancellation, Etc.
10.7.12.4 Extension of Removal Time
10.7.13 Removal of Slash and Debris
10.7.14 Property Survey, Fence Construction
10.7.14.1 Survey Requirements
10.7.14.2 Fence Requirements
10.7.15 Land Approval Package
10.7.16 Deposit of Revenues
10.7.17 Procedures - Use of Improvements as Security
10.7.18 Assignments Assigned for HUD and Credit Program Purposes
10.7.18.1 Assignment Administration - Credit Program, Housing Authority
10.7.19 Tribal and Personal Reserves
10.7.19.1 Reserves, Restrictions, Limited Areas and Access
10.7.19.2 Reserves and Restricted Areas
10.8 Tribal Land Assignments
10.8.1
Not Reinstatement or Issuance of Assignments
10.8.2 No Authorization for Claims
10.8.3 Limited Application
10.8.4 Tribal Court Delegation
10.8.5 Tribal Land Assignments
10.9 Gazing and Agriculture Assignments
10.9.0 Purpose
10.9.1 Grazing Assignments
10.9.1.1
Grazing Assignment Definition
10.9.1.2 Eligibility
10.9.1.3 Application, Consideration
10.9.1.4 Number of Grazing Assignments
10.9.1.5 Grazing Capacity
10.9.1.6 Fences, Maintenance
10.9.1.7 Fees
10.9.1.8 Waiver of Bonds
10.9.1.9 Residential Lease Supersedes Grazing Assignments
10.9.2 Agricultural Assignment
10.9.2.1 Agricultural Assignments Definitions
10.9.2.2 Eligibility
10.9.2.3 Waiver of Bonds
10.9.2.4 Duration and Renewal of Assignments
10.9.2.5 Fees
10.9.2.6 Annual Reports
10.10 Commercial Assignments
10.10.0 Purpose
10.10.1 Commercial Assignments Definition
10.10.2 Eligibility
10.10.3 Commercial Assignment Fees
10.10.4 Factors for Considering Commercial Assignments
10.10.5 Resource Related Assignments
10.11 Land Acquisition and Exchange
10.11.0 Purpose
10.11.1.1 Establishment of Land Acquisition Reserve Fund
10.11.1.2 Withdrawals From Land Acquisition Reserve Fund
10.11.1.3 Land Acquisition Procedure
10.11.1.4 Use of Acquired Land
10.11.1.5 Non-Member Acquisition and Intergovernmental Agreements
10.11.2 Land Exchanges
10.11.2.1 Exchanges Involving Fee Property
10.11.2.2 Exchanges for Assignment Land
10.11.2.3 Land Exchange Outside Reservation Boundaries
10.12 Water Rights
10.12.1 Purpose
10.12.2 Interpretation of Federal, State and Other Laws
10.12.3 Authority of Tribal Court
10.12.4 Appointment of AD Hoc Water Committee
10.13 Enforcement Provisions
10.13.0 Enforcement Policy
10.13.1 Relinquishment, Notice of Cancellation
10.13.2 Department Hearing, Appeal
10.13.3 Tribal Court Jurisdiction
10.13.4 Appointment of Ad Hoc Water Committee
10.13 Enforcement Provisions
10.13.0 Enforcement Policy
10.13.1 Relinquishment, Notice of Cancellation
10.13.2 Department Hearing, Appeal
10.13.3 Tribal Court Jurisdiction
10.13.4 Tribal Court Review
10.13.5 Removal of Personal Property
10.13.6 Probationary Period
10.13.7 Assignment Cancellation
10.13.7.1 Cancellation for Cause
10.13.8 Enforcement - Land Assignment Ordinance
10.13.9 Notice of Other Violations
10.13.10 Tribal Court Actions
10.13.11 Violations and Penalties
10.13.12 Other Penalties
10.14 Construction
10.15 Severability
Title 11 - Election Ordinance
SECTION 1. AUTHORITY
ARTICLE VI, SECTION 3. ELECTION BOARD
ARTICLE VI, SECTION 4. ELECTION ORDINANCE
SECTION 2. PURPOSE
SECTION 3. DEFINITIONS
SECTION 4. ELECTION OFFICIALS
4-A. ELECTION OFFICIAL DUTIES
4-B. INTERNAL PROCEDURE OF ELECTION BOARD
SECTION 5. VOTER REGISTRATION AND VOTING LISTS
5-A. REGISTRARS
5-B. REGISTRATION RECORDS
5-C. How TO REGISTER AS A VOTER
5-D. VOTER REGISTRATION
5-E. CANCELLATION OF REGISTRATION
5-F. REGISTRATION PERIOD
5-G. PREPARATION AND POSTING LIST OF REGISTERED VOTERS 5
SECTION 6. PRIMARY AND GENERAL ELECTION DAYS
SECTION 7. TYPES OF ELECTIONS
7-A. ELECTION OF TRIBAL COUNCIL MEMBERS
7-B. FILLING VACANCIES ON THE TRIBAL COUNCIL (OTHER THAN REGULARL Y OCCURRING VACANCIES) 7-C. PRIMARY ELECTION
7-D. GENERAL ELECTION
7-E. RECALL ELECTION
7-F. REFERENDUM ELECTION
7-G. CONSTITUTIONAL AMENDMENT
7-H. ELECTION BOARD MEMBERS
7-I. ELECTED JUDICIAL OFFICERS
SECTION 8. PETITIONS
8-A. PETITION FORMAT
8-B. FILING OF PETITIONS
8 -C. ACTION ON PETITIONS
SECTION 9. VOTER QUALIFICATION
9-A. QUALIFIED VOTER
9-B. ABSENTEE VOTER
SECTION 1O. BALLOTS
10-A. FORM OF BALLOTS
10-B. NUMBER OF BALLOTS
10-C. DELIVERY AND RECEIPT OF BALLOTS
SECTION 11. ABSENTEE VOTING
11-A. BASIS FOR PROVIDING ABSENTEE BALLOTS
11-B. NOTIFICATION
11-C. PROPER ADDRESS
11-D. MANNER OF REQUESTING AND ISSUING ABSENTEE BALLOTS
11-E. EXECUTION AND RETURN OF ABSENTEE BALLOTS BY MAIL.
SECTION 12. ELECTION SEQUENCE OF EVENTS
SECTION 13. VOTING HOURS ON ELECTION DAY
13-A. ELECTIONEERING AND LOITERING
SECTION 14. POLL OFFICIALS
14-A. ALTERNATES FOR POLLING OFFICIALS
14-B. DUTIES OF POLL OFFICIALS AND VOTERS
SECTION 15. HANDLING OF SPECIAL CIRCUMSTANCES
I5-A. SPOILED BALLOT
I5-B. WRITE-IN VOTES
15-C. CHALLENGED BALLOTS
SECTION 16. CANVAS OF ELECTION RESULTS
I6-A. POLL WATCHERS
16-B. COUNTING THE BALLOTS
I6-C. COUNTING CHALLENGED BALLOTS
I6-D. PREPARATION FOR COUNTING ABSENTEE BALLOTS
I6-E. IMPROPERLY MARKED BALLOTS
16-F. PRIMARY ELECTION
I6-G. GENERAL ELECTION
I6-H. TIE VOTES INVOLVING ISSUES, REFERENDUM, RECALL OR CONSTITUTIONAL AMENDMENTS
16-I. ANNOUNCEMENT OF RESULTS
SECTION 17. CONTEST OF ELECTION RESULTS
I7-A. PRIMARY, GENERAL AND ALL OTHER ELECTIONS - GROUNDS FOR CONTEST
I7-B. RECOUNT CONTEST
17-C. OFFICIAL CERTIFICATION OF ELECTION RESULTS
SECTION 18. INSTALLATION OF SUCCESSFUL CANDIDATES
18-A. NOTIFICATION AND INSTALLATION
18-B. OATH OF OFFICE - TRIBAL COUNCIL
18-C. OATH OF OFFICE - ELECTION BOARD
SECTION 19. ELECTION RECORDS
SECTION 20. ELECTION BOARD BUDGET
SECTION 21. AMENDMENTS
SECTION 22. RATIFICATION OF ELECTION ORDINANCE
SECTION 23. CONSTITUTIONAL CONFLICT
Title 13 - TERO
13.0 Short Title
13.1 Effect on Prior Enactments
13.1.1 Repeal
13.1.2 Certification of Indian Firms
13.1.3 Fair Operating Standards and Dispute Resolution Procedures
for Reservation Timber Sales Preserved Pending Approval of Administrative Rules
13.2 Definitions
13.3 Establishment of TERO Commission and Office
13.3.1 Establishment and Purpose of Commission
13.3.2 General Powers of the Commission
13.3.3 Composition of the Commission
13.3.4 Powers of the TERO Director
13.4
Indian Employment Preference Policy and Procedures
13.4.1 Applicability
13.4.2 Covered Positions
13.4.3 Qualified Indians; Employment Criteria
13.4.4 Eligible Indians
13.4.5 Notice of Employee Rights
13.4.6 Employer Retaliation Prohibited
13.5 Establishment of TERO Tax and Fees
13.6 Special Requirements for Contractors and Subcontractors
13.6.1 Certification by Commission
13.6.2 Indian Preference Plan
13.6.3 Failure to Submit Indian Preference Plan
13.6.4 Amendments to Plan
13.6.5 Bid Shopping Prohibited
13.7 Job Categories
13.7.1 Identification of Regular, Permanent Easements
13.7.2 Lay-Offs
13.7.3 Existing Contracts, Employers
13.7.4 Reporting Requirements
13.8 Implementation
13.8.1 Numerical Hiring Goals
13.8.2 Training Programs
13.8.8 Issue Permits
13.9 Enforcement By TERO Commission
13.9.1 Investigation, Monitoring
13.9.2 Issue Notices of Non-Compliance and Compliance Orders
13.9.3 Citations, Subpoenas, and Penalties
13.9.4 Hearings
13.9.5 File and Defend Cases in Tribal Court
13.10 Tribal Court
13.11 Legal Representation
13.12 Principles of Construction; Severability; Sovereign Immunity Preserved
13.13 Effect of Amendments on Prior TERO Legislation and Pending Cases
Certification
Title 14a - Domestic Relations Code
Chapter 1. General Provisions
14A.1.10
Title
14A.1.20 Authority
14A.1.30 Purpose and Scope
14A.1.40 Construction
14A.1.50 Definitions
14A.1.60 Sovereign Immunity Preserved
14A.1.70 Inconsistent Provisions of Other Law
14A.1.80 Severability
Chapter 2. Marriage
14A.2.10 Persons Who May Marry
14A.2.20 Prohibited Marriages
14A.2.30 Who May Perform Marriage Ceremonies
14A.2.40 Marriage Ceremony
14A.2.50 Marriage Licenses, Affidavits and Certificates
14A.2.60 Voidable Marriages
14A.2.70 Existing Marriages
Chapter 3. Dissolution of Marriage, Legal Separation and Declaration of Invalidity of Marriage
14A.3.10 Civil Procedure to Govern - Designation of Proceedings
14A.3.20 Pleadings - Contents - Defense - Joinder of Parties
14A.3.30 Informal Dispute Resolution
14A.3.40 Temporary Order or Preliminary Injunction - Effect
14A.3.50 Separation Agreement - Effect
14A.3.60 Decree of Legal Separation - Findings Necessary
14A.3.70 Dissolution of Marriage - Findings Necessary
14A.3.80 Declaration of Invalidity of Marriage - Findings Necessary
14A.3.90 Irretrievable Breakdown of the Marriage - Finding
14A.3.100 Disposition of Property
14A.3.110 Modification and Termination of Property Disposition
14A.3.120 Spousal Maintenance - Computation Factors
14A.3.130 Payment of Spousal Maintenance - Records
14A.3.140 Modification and Termination of Spousal Maintenance
14A.3.150 Costs and Expenses
14A.3.160 Decree - Finality - Restoration of Former Name
14A.3.170. Independence of Provisions of Decree or Temporary Order
Chapter 4. Parenting Plans and Visitation
14A.4.10 Policy - Best Interests of Child
14A.4.20 Civil Procedure of Govern - Designation of Proceedings
14A.4.30 Petition for Parenting Plan
14A.4.40 Parenting Plan
14A.4.50 Temporary or Interim Parenting Plan
14A.4.60 Visitation Rights - Person Other Than Parent
14A.4.70 Modification of Parenting Plan or Visitation
14A.4.80 Representation of Child by Counsel - Fees
Chapter 5. SEC
14A.5.10 Parties to the Action; No Notice of Action; Designation of Proceedings
14A.5.20 Petition for Non Parental Custody
14A.5.30 Child's Preference
14A.5.40 Possible Outcomes In Nonparental Custody Actions; Circumstances in Which Nonparental Custody Will be Granted; Court Ordered Drug Testing; Mediation
14A.5.50 Child Support Orders
14A.5.60 Contents, Effect, and Duration of Nonparental Custody Decree
14A.5.70 Motion for Modification
14A.5.80 No Authorization of Court Ordered Social Services
Chapter 6. Parent and Child
14A.6.10 "Parent and Child Relationship" Defined
14A.6.20 Relationship Not Dependent on Marriage
14A.6.30 How Parent and Child Relationship Established
14A.6.40 Presumption of Paternity
14A.6.50 Artificial Insemination
14A.6.60 Determination of Father and Child Relationship - Who May Bring Action - When Action May be Brought
14A.6.70 Jurisdiction
14A.6.80 Parties
14A.6.90 DNA Tests
14A.6.100 Evidence Relating to Paternity
14A.6.110 Civil Action - Testimony - Evidence - Jury
14A.6.120 Judgment or Order Determining Parent and Child Relationship Support Judgment and Orders - Custody
14A.6.130 Support Orders - Time Limit, Exception
14A.6.140 Temporary Support - Temporary Restraining Order Preliminary Injunction - Support Debts, Notice
14A.6.150 Costs
14A.6.160 Enforcement of Judgments or Orders
14A.6.170 Modification of Judgment or Order - Continuing Jurisdiction
14A.6.180 Action to Determine Mother and Child Relationship
14A.6.190 Hearing or Trials to be in Closed Court - Records Confidential
Chapter 7. Child Support
14A.7.10 Introduction - Child Support
14A.7.20 Authority to Establish a Child Support Schedule
14A.7.30 General Standards for the Application and Use of the Child Support Schedule
14A.7.40 Child Support Schedule and Calculations
14A.7.50 Guidelines for Deviation from Support Obligation
14A.7.60 In-Kind Services and Resources
14A.7.70 Modification and Termination of Provisions for Child Support
14A.7.80 Collection of Past Due Support
14A.7.90 Payment of Support - Records
14A.7.100 Assignments
Appendix I - Child Support Schedule
Chapter 8. Recognition of Foreign Spousal Support, child Support and Child Custody Orders
14A.8.10 Foreign Spousal Support and Child Support Order - Defined
14A.8.20 Foreign Spousal Support and Child Support Orders - When Recognized
14A.8.30 Procedure for Recognition and Enforcement of Foreign Spousal Support and Child Support Orders
14A.8.40 Purpose and Scope
14A.8.50 Application
14A.8.60 Registration of Child Custody Determinations
Title 14c - Elder Dependent Adult Protection Code
Chapter 1. General Provisions
14C.1.01 Title
14C.1.02 Authority
14C.1.03 Purpose
14C.1.04 Construction
14C.1.05 Inconsistent Provisions of Other Law
14C.1.06 Severability
14C.1.07 Criminal Penalties
14C.1.08 Definitions
Chapter 2. Reports of Suspected Elder or Dependent Adult Abuse or Neglect
14C.2.01 Mandated Reporting Agency
14C.2.02 Mandated Reporters
14C.2.03 Content of Reports
Chapter 3. Powers and Duties of Adult Protective Services Workers
14C.3.01 Protective Services Agency
14C.3.02 Public Guardian
14C.3.03 Power and Duties of Adult Protective Services Workers
14C.3.04 Voluntary Services
Chapter 4. Investigation of Reports or Elder or Dependant Adult Abuse or Neglect
14C.4.01 Timeliness of Investigation
14C.4.02 Agencies Responsible for Investigation
14C.4.03 Investigation Procedures
14C.4.04 Possible Outcomes of Investigation
Chapter 5. Emergency Placement of Endangered Adults
14C.5.01 Legislative Intent
14C.5.02 Authority to Take into Protective Custody
14C.5.03 Appropriate Temporary Residence
14C.5.04 Appropriate Temporary Protective Services
14C.5.05 Protective Order Under Title
Chapter 6 Filing Emergency Adult Protection Petition
14C.6.01 Authorization for Petition by the Division of Human Services
14C.6.02 Timeline for Filing Emergency Petition
14C.6.03 Notice of Emergency Hearing
14C.6.04 Contents of the Petition
14C.6.05 Hearing
14C.6.06 Outcome of Emergency Protection Hearing
14C.6.07 Emergency Services Protective Order
Chapter 7. Adult Protective Services Order
14C.7.01 Petition in Non-Emergency Cases
14C.7.02 Timing of Hearing
14C.7.03 Adult Protective Services Order
14C.7.04 Review and Extensions of Adult Protective Orders
Chapter 8. Fiduciary Obligations of Guardians or Conservators
14C.8.01 Fiduciary Obligations
14C.8.02 Explanation of Fiduciary Obligations
Title 14d - Protective Order Code
Chapter 1. General Provisions
14D.1.01 Title
14D.1.02 Authority
14D.1.03 Purpose
14D.1.04 Construction
14D.1.05 Inconsistent Provisions of other Law
14D.1.06 Severability
14D.1.07 Criminal Penalties
14D.1.08 Definitions
Chapter 2. Procedures Applicable to Chapters 1-6 of this Code
14D.2.01 Who May Petition the Court for a Protective Order
14D.2.02 Duty of Court Personnel to Provide Forms
14D.2.03 Contents of the Petition
14D.2.04 Emergency Orders for Protection
14D.2.05 Hearing on Petition
14D.2.06 [Withheld]
14D.2.07 Content of Protective Orders
14D.2.08 Restitution
14D.2.09 Court Administration Costs
14D.2.10 Duration of Protective Orders
14D.2.11 Priority of Service of Protective Orders
14D.2.12 Modification or Extension of Protective Orders
Chapter 3. Community Council
14D.3.01 Purpose
14D.3.02 Referral to the Community Council
14D.3.03 Community Council Members
Chapter 4. Civil Harassment Orders
14D.4.01 Filing Fee
14D.4.02 [Withheld]
14D.4.03 Service
14D.4.04 Relief Available in Protective Order
14D.4.05 Modification or Dismissal of Protective Orders
Chapter 5. Domestic Violence Protection Orders
14D.5.01 Purpose
14D.5.02 Definitions
14D.5.03 Notice of Rights of Victims and Remedies and Services Available -- Required Information to be Provided by K'Ima:W Medical Center
14D.5.04 Duties of Court to Provide Notice as to Services to Petitioner
14D.5.05 Filing Fee
14D.5.06 Service
14D.5.07 Emergency Orders for Protection
14D.5.08 Hearing
14D.5.09 Remedies Available in an Order for Protection after Noticed Hearing
14D.5.10 Notice to Parties
14D.5.11 Prohibition on Mutual Protective Orders
14D.5.12 Modification or Dismissal of Orders for Protection
14D.5.13 Enforcement and Penalties for Violation
14D.5.14 Full Faith & Credit
14D.5.15 Information Disclosure Requirements for those who Commit Domestic Violence
14D.5.16 Rights of Victims of Domestic Violence
14D.5.17Policy and Procedure Requirement for First Disclosure Agencies
14D.5.18 Domestic Violence Response Team
14D.5.19 Domestic Violence Leave Act
Chapter 6. Tribal Elder and Dependant Adult Protective Orders
14D.6.01 Definitions
14D.6.02 Petition by the Division of Human Services
14D.6.03 Emergency Services Protective Order
14D.6.04 Protective Order After Hearing
Chapter 7. Injunctions
14D.7.01 When Injunction May be Granted
14D.7.02 Contents of the Petition
14D.7.03 Contents of the Response
14D.7.04 Preliminary Injunction
14D.7.05 Hearing on Petition
Title 15 - Conservation
15.0 Short Title
15.1 Purpose
15.2 Prior Ordinances and Policies Repealed
15.3 Hoopa Valley Indian Reservation Closed
15.4 Establishment of Permit System
15.4.1 Permit System
15.4.1 Membership Identification Cards
15.4.3 Special Wood and Gravel Permits Required
15.4.4 Tribal Employees
15.5 Permits Required
15.6 Persons Not Known to be Hoopa Members
15.7 Types of Permits
15.7.1 Personal Use Permits
15.7.2 Fee Permits
15.8 Limitations of Authorization
15.8.1 Activities of Tribal Government
15.8.2 Permits Not Exemption from Laws
15.8.3 Sensitive Resources
15.9 Application Process - Issuing Agent - Recordkeeping
15.9.1 Issuing Agent
15.9.2 Evaluation by Issuing Agent
15.9.3 Evaluation, Issuance, Denial of Permit
15.10 Factors for Issuing Permits
15.11 Off-Reservation Transport
15.12 Invalidation of Permit
15.13 Suspension, Revisions and Termination of Permit
15.14 Seizure/Confiscation of Property
15.14.1 Seizure of Resources
15.14.2 Confiscation of Property
15.15 Enforcement
15.15.1 Tribal Police/Court Jurisdiction
15.15.2 Issuance of Citations
15.15.3 Exclusive Tribal Court Jurisdiction
15.15.4 Penalties/Disposal of Private Property
15.16 Appeals of Administrative Action
15.17 Severability
15.18 Waiver of Sovereign Immunity
Certification
Title 16 - Fishing Ordinance
Section 1. Title
Section 2. Findings and Purpose
Section 3. Relation to Other Tribal Laws
Section 4. Definitions
Section 5. Jurisdiction
Section 6. Eligible Fisherman
Section 7. Tribal Biological Personnel
Section 8. Identification
Section 9. Fishing Equipment and Other Gear
Section 10. Prohibited and Restricted Fishing Gear
Section 11. Annual, Seasonal and Emergency Regulations
Section 12. Appeals - Repealed
Section 12. Amendments
Section 13. Tribal Court
Section 13 - Enforcement
(a) Tribal Court
(b) Citations
Section 14 - Penalties
Title 17 - Closed Range
17.0 Short Title
17.1 Findings and Purpose
17.2 Definitions
17.3 Open Grazing, Free Roaming of Livestock Prohibited
17.4 Establishment of Animal Control Fund
17.5 Enforcement
17.5.1 Seizure by Tribal Police
17.5.2 Authority to Enter Into Contracts
17.6 Emergency Destruction of Livestock
17.7 Impoundment
17.8 Notice of Seizure; Citation
17.9 Unclaimed Animals
17.10 Retrieval of Impounded Livestock; Bail
17.10.1 Claim by Owner; Proof of Ownership
17.10.2 Posting Bail; Transportation
17.11 Hearing in Tribal Court
17.12 Penalties; Assessments
17.13 Forfeiture and Sale
17.13.1 Unclaimed Livestock; Ineligible Persons
17.13.2 Funds from Sales
17.14 Exclusive Tribal Court Jurisdiction
17.15 Private and Tribal Cause of Action
17.16 Principles of Construction; Sovereign Immunity Preserved
17.16.1 Limitations of Application
17.16.2 Movement of Livestock
17.16.3 Severability
17.16.4 Sovereign Immunity Preserved
Certification
Title 19 - Budget
Section
1. Purpose
Section 2. Establishment of Fiscal Year Revenues
2.1 Identification of Tribal Revenues
2.2 Identification of Grants, Contracts, Miscellaneous Funds
2.3 Tribal Reserve Funds
Section 3. Establishment of Budget Authority
3.1 Establishment by Tribal Resolution
3.2 Permanent Fiscal Year Budget Package
3.3 Funds, Contracts, Grants not Identified
Section 4. Development of Tribal Budget
4.1 Chairman's Budget Recommendations
4.2 Tribal Council Review/Adoption of Proposed Budget
Section 5. Adoption of Tribal Budget
5.1 Changes to the Proposed Budget
5.2 Final Budget Preparation
Section 6. Assignment of Authority and Responsibility
6.1 Authority and Responsibility of the Council
6.2 Authority and Responsibility of the Chairman
6.3 Authority and Responsibility of the Chief Fiscal Officer
6.4 Authority and Responsibility of Managers/Directors
6.5 Limitations on Authority
Section 7. Regular and Emergency Budget Amendments
7.1 Budget Line Item Amendments
7.2 Regular Budget Amendments
7.3 Emergency Amendments
7.4 Limitation on Amendments
Section 8. Enforcement
8.1 Council, Chairman, Chief Fiscal Officer
8.2 Tribal Court
8.3 Penalties
Title 21 - Drug and Alcohol Policies
21.0 Short Title
21.1 General Policy Statement
21.1.1 Purposes
21.1.2 Overview
21.2 Definitions
21.2.1 Employee
21.2.2 Tribal Premises
21.2.3 Tribal Entity
21.2.4 Conducting Tribal Business
21.2.5 Council Member
21.2.6 Board, Commission or Committee Member
21.3 Application of the Policy
21.3.1 Council Members, Delegates and Employees of the Tribe and Its Entities
21.3.2 Independent Contractor and Vendor Employees
21.4 Covered Substances - Defined
21.4.1 Legal Drugs
21.4.2 Illegal Drugs
21.4.3 Unauthorized Substances and Alcohol
21.5 Prohibited Conduct
21.5.1 Refusal or Failure to Comply with Drug or Alcohol Test
21.5.2 Providing False Information and/or Attempting to Contaminate or Alter a Urine Specimen
21.5.3 Refusal or Failure to Comply with Treatment Recommendations
21.5.4 Testing Positive for a Prohibited Drug, Alcohol or an Unauthorized Substance on Second or Subsequent Occasion
|21.5.5 Sale or Transfer
21.5.6 Possession or Use
21.5.7 Under the Influence
21.6 Use of Legally Obtained Drugs
21.6.1 Protection from Work
21.6.2 Notification Required
21.7 Policy Communication
21.7.1 Current Employees and Council Members or Delegates
21.7.2 New Employees and Council Members or Delegates
21.8 Training
21.8.1 Current Employees and Council Members or Delegates
21.8.2 Supervisors and Council Members or Delegates
21.8.3 New Hires, Supervisors and New Council Members or Delegates
21.8.4 Refresher Training
21.9 Role of the Consulting Physician
21.9.1 Duties
21.9.2 Test Results
21.9.3 Reporting
21.9.4 Relationships
21.9.5 Reports
21.10 Role of the Fit for Duty Officer
21.10.1 Appointment
21.10.2 Reporting Authority
21.10.3 Reports
21.10.4 Relationships
21.10.5 Duties and Responsibilities
21.11Testing for Drugs and Alcohol
21.11.1 Urine, Blood, and Breath Specimens
21.11.2
Drugs to be Tested
21.12 Pre-Employment Testing
21.12.1 Pre-employment Testing Defined
21.12.2 Notification of Testing Requirement
21.12.3 Reapplication After a Positive Test
21.13 Reasonable Cause Testing
21.13.1 Reasonable Cause Testing Generally
21.13.2 Reasonable Cause Defined
21.14 Post-Accident/Incident Testing
21.14.1 Post-Accident/Incident Testing Defined
21.14.2 Referral to Employee Assistance
21.14.3 Initiating a Request for Post-Accident/Incident Testing
21.14.4 Next Level Authorization Required
21.15 Return to Duty Testing
21.15.1 Return to Duty Testing Defined
21.15.2 Role of Consulting Physician and Fit for Duty Officer in Return to Duty
21.15.3 Unannounced Drug Tests
21.16 Random Testing
21.16.1 Random Testing Defined
21.16.2 Selection Rate
21.16.3 Notification
21.16.4 Refusal to be Tested
21.16.5 Urinalysis or Assessment
21.16.6 Safety Sensitive Defined
21.16.7 Random Testing Intervals
21.16.8 Written Confirmation of Random Selection
21.17 Specimen Collection
21.17.1 Specimen Collection Sites
21.17.2 Specimen Collection Persons
21.17.3 Specimen Collection Protocol
21.18 Laboratory Procedures
21.18.1 Approved Laboratory Defined
21.18.2 Testing Procedures
21.18.3 Request for Reexamination
21.19 Supervisor Responsibilities
21.19.1
Reasonable Cause and Post-Accident Testing
21.19.2 Confidentiality
21.19.3 Random Selection Notification
21.19.4 Accountability
21.20 Employee Assistance and Rehabilitation
21.20.1 Intent
21.20.2 Employee Assistance Defined
21.20.3
Drug and Alcohol Assessment Defined
21.20.4 Voluntary Self-Referrals
21.20.5 Management Referrals
21.20.6 Employee and Council Member or Delegate Accountability for Conduct
21.20.7 Fit for Duty Referrals
21.20.8 Return to Duty Evaluation
21.20.9 Reporting
21.20.10 Confidentiality and Conduct
21.20.11 Freedom From Discrimination
12.20.12 Re-entry to work or Council Duties
21.21 Confidentiality, Record Keeping and Reports
21.21.1 Confidentiality
21.21.2 Record Keeping
21.22 Business Use of Alcohol
21.22.1 Never a Business Obligation
21.22.2 Separation of Business and Business Entertainment
21.22.3 Tribal Sponsored Social Events
21.23 Procedural Effect
Certification
Title 22 - Liquor Sales
41 FR 10113
Section 1. Conformity with laws of California and this Ordinance
Section 2. Corporate and tribal entity
Section 3. Tribal License Required
Section
4. Application for tribal liquor license: Requirements
Section 5. Conditions of the tribal license.
Section 6. Cancellation and suspension.
Section 7. Prior Tribal laws repealed.
Section 8. Effective Date.
Title 23 - UI Disability
I. General Provisions
Section 1. Title
Section 2. Findings and Purpose
Section 3. Relation to Other Tribal Laws
Section 4. Definitions
Section 5. Mandatory Coverage - General
Section 6. Mandatory Coverage - Subordinate Tribal Entities
Section 7. Tribal Tax Levied
Section 8. Manner of Compliance
Section 9. Status of Contributions
II. Enforcement - State of California
Section 10. Enforcement
Section 11. Validity of State Process
Section 12. Notice to Hoopa Valley Business Council
Section 13. Exhaustion of Tribal Remedies
III. Enforcement - Hoopa Valley Tribe
Section 14. Civil Enforcement Hearing Before Council
Section 15. Notice and Service
Section 16. Publication of Notice
Section 17. Informal Hearing; Evidence; Attorney
Section 18. Burden and Standard of Proof
Section 19. Applicable Law
Section 20. Evidence Standard
Section 21. Judgment of the Council
Section 22. Damages - Kind and Amount
Section 23. Injunction; Collection Procedures; Disbursement
Section 24. Exclusion from Reservation
Section 25. Severability
Section 26. Effective Date
Title 25 - Burial Award
Section I. Effective Date
Section II. Amount of Grant
Section III. Claimants
Section IV. Purposes of Grant and Priorities in Payment of Claims
Section V. Time Limit For Submission of Claims
Section VI. Filing of Claims
Section VII. Administration of Claims
Section VIII. Amendment of Ordinance
Certification
Title 27 - Housing
I. Declaration of Need
II. Purposes
III. Definitions
IV. Organization
V. Powers
VI. Bonds
VII. Miscellaneous
VIII. Cooperation in Connection with Projects
IX. Severability
Certification
Title 28 - Debt Collection
28.0
Short Title
28.1 Purpose
28.2 Definitions
28.3 Establishment of Credit Policy
28.4 Effect of Existing Collection Proceedings
28.5 Jurisdiction
28.6 Responsible Parties
28.7 Tribal Attorney - Technical Assistance/Representation
28.8 Notification
28.9 Assessment of Damages Incurred
28.10 Real Property Foreclosures
28.11 Per Capita Payments
28.12 Satisfaction of Judgments
28.13 Records of Judgments
28.14 Reports of Bad Debts
28.15 Foreign Judgments
28.16 Sovereign Immunity
28.17 Severability
Certification
Title 29 - Political Appointment
Title 30 - Personnel Policies and Procedures
CHAPTER I - GENERAL PROVISIONS
1.1 Introduction
1.2 Purpose and Objectives
1.3 Application
1.4 Application to Tribal Chartered Entities
1.5 Nepotism/Conflict of Interest
CHAPTER 2 - ORGANIZATION FOR TRIBAL AND PERSONNEL ADMINISTRATION
2.1 Hoopa Valley Tribal Council
2.2 Tribal Chairman
2.3 Tribal Vice-Chairman
2.4 Personnel Department/Director
2.5 Insurance Administrator
2.6 Program Manager
2.7 Boards, Committees and Commissions
CHAPTER 3 - Employment Classification
3.1 EMPLOYMENT CATEGORIES
3.2 Employment Status
CHAPTER 4 - RECRUITMENT AND SELECTION
4.1 Recruitment
4.2 Job Applications
4.3
Filing Applications
4.4 Affirmative Action
4.5 Qualifications
4.6 Evaluation of Applicants
4.7 Interview Panel
4.8 Selection
4.9 Appointment
4.10 Payroll Certification
CHAPTER 5 - CONDITIONS OF EMPLOYMENT
5.1 Chain of Command Policy
5.2 Management General Principles
5.3 Employee General Principles
5.4 Employee Responsibilities
5.5 Harassment
CHAPTER 6 - EMPLOYEE & MANAGER PERFORMANCE, EVALUAT
6.1 Employee and Manager Evaluation Procedures
6.1.1 Introductory Evaluations
6.1.2 Management Evaluations
6.1.3 Termination During Introductory Period
6.2 Management Evaluations
6.3 Employee Evaluations
CHAPTER 7 -
CHANGES IN EMPLOYMENT STAT
7.1 Promotion
7.1.1 Temporary Promotions
7.1.2 Retroactive Promotions & Pay Increases
7.2 Transfer/Reassignment
7.3 Separation
7.4 Retirement
7.5 Resignation
7.6 Layoff
7.7 Dismissal
7.8 End of Contract Period
CHAPTER 8 - CHANGES OF EMPLOYMENT RESULTING FROM DISCPLINARY ACTION.
8.1 Disciplinary Action - Employees
8.1.1 Corrective Interview
8.1.2 Written Reprimand/Disciplinary Action
8.1.3 Table of Penalties
8.2 Disciplinary Action - Managers
CHAPTER 9 - APPEALS/GRIEVANCE PROCEDURES
9.1 Managers Grievance Procedure
9.2 Employee Grievance Procedure
9.3 Terminated Employees/Program Managers
CHAPTER 10 - CLASSIFICATION AND COMPENSATION
10.1 Classification
10.2 Compensation
10.3 Hours of Work
10.4 Overtime and Compensatory Time
10.5 Time Card Procedures
CHAPTER 11 - EMPLOYEE BENEFITS
11.1
Holidays
11.2 Leave Policy
11.3 Annual Leave
11.4 Sick Leave
11.5 Maternity Leave
11.6 Administrative Leave
11.7 Military Leave
11.8 Bereavement Leave
11.9 Jury Duty
11.10 Election Days
11.11 Social Security
11.12 Group Insurance Plans
11.13 Optional/Additional Insurance Coverage
11.14 Fringe Benefit Status During Introductory Period
11.15 Workers Compensation/Unemployment Insurance
CHAPTER 12. TRAINING
12.1 General Policy/Objective of the Tribal Training Program
12.2 Education Leave Policy
12.2.1 Educational Leave
12.2.2 Educational Co-op
12.3 Executive Management Training Program
12.4 Responsibility for Delivery of Training
12.5 Training Categories
12.6 Identification of Training Needs
12.7 Budgeting for Tribal Training
12.8 Evaluation of Training
CHAPTER 13. EEO COMPLAINTS
13.1 EEO Complaints
CHAPTER 14. RECORD KEEPING
14.1 Personnel Records
CHAPTER I5 - EMPLOYEE CIVIL EMPLOYMENT ACTIONS BROUGHT AGAINST THE TRIBE
15.1 Civil Actions
15.2 Governing Law
15.3 Sovereign Immunity
Title 30a - Employment Background Check Policy
1.1 - General
1.1.1 Purpose
1.1.2 Background and Intent
1.1.3 Definitions
2.1 - Jurisdiction
3.1 - Implementation thru Non - regulatory Action
4.1 - Exemption for certain employees
5.1 - Additional Criteria Warranting a Background Investigation
6.1 - Background investigations
7.1 - Determination of suitability
8.1 - Minimum standards of character
9.1 - Employment applications
10.1 Procedures
11.1 Process for adjudicating suitability
12.1 Denial or dismissal of employment
13.1 Other factors warranting denial or dismissal of employment
14.1 Rights of applicant, volunteer, contractor or employee
15.1- Emergency Exemption
16.1 Neglectful Supervision
17.1 Sovereign immunity intact
18.1 Severability
Title 31 - Gaming
13.1
Purpose
31.2 Short Title
31.3 Gaming Authorized
31.4 Public Policy
31.5 Ownership of Gaming
31.6 Definitions
31.7 Use of Gaming Revenue
31.8 Unauthorized Gaming
31.9 Conduct of Games
31.10 Applicability of Code
31.11 Establishment of Commission
31.12 Audit
31.13 Protection of the Environment and Public Health and Safety
31.14 Gaming License Required
31.15 Standard for License
31.16 Application for License
31.17 Required Application Forms
31.18
Fingerprint Cards Required
31.19 Withdrawal of Application
31.20 Continuing Duty to Provide Information
31.21 Term of License; License Fees; Parameters of License
31.22 Conditions of License
31.23 Facility License
31.24 Certification of Gaming Devices
31.25 Provisional License
31.26 Provisional Employment Pending Issuance of License and During Temporary License Period
31.27 Assignment of Transfer
31.28 Required Background Investigations
31.29 Scope of Rules of Procedure
31.30 Right of Appeal; Appeals Procedures
31.31 Minimum Procedures for Control of Internal Fiscal Affairs
31.32 Prohibition Against Certain Individuals
31.33 Prohibited Acts
31.34 National Indian Gaming Commission-Regulation
31.35 National Indian Gaming Commission-Assessment
31.36 Compact with the State of California
31.37 Security and Surveillance
31.38 Compliance with Other Laws
31.39 Amendments
31.40 Severability
31.41 Words and Terms
31.42 Repeal
31.43 Unclaimed Winnings
31.44 Patron Disputes
31.45 Patron Rights Regarding Disputes
31.46 Gaming Commission Action on Patron Disputes
31.47 Agent for Service of Process
31.48 Consent to Jurisdiction
31.49 Sovereign Immunity
31.50 Submission to Federal Agencies
Title 32 - Spokesperson Ethics
32.0 Short Title and Purpose
32.0.1 Short Title
32.0.2 Purpose
32.1 Jurisdiction
32.1.1 Generally
32.1.2 Concurrent Jurisdiction
32.2 Construction with Other Laws or Ordinances
32.2.1 Prior Inconsistent Codes or Ordinances Amended
32.2.2 Amendment of Code of Professional Ethics
32.2.3 Codification
32.2.4 Code of Federal Regulations no Longer Applicable
32.3 Interpretation of this Code
32.4 Definitions
32.5 Rules of Professional Conduct
1.0 Professional Conduct in General
1.1 Competence
1.2 Scope of Representation
1.3 Diligence
1.4 Confidentiality
1.5 Assisting, Soliciting or Inducing Violations
1.6 False Statement Regarding Admission to State or Tribal Bar
1.7 Unauthorized Practice of Law
1.8 Financial Arrangements with Non-Lawyers and Non-Spokespersons
1.9 Advertising and Solicitation
2.0 Conflict of Interest; General Rules
2.1 Conflict of Interest; Former Client
2.2 Imputed Disqualification; General Rule
2.3
Avoidance of Interests Adverse to a Client
3.0 Attorney or Spokesperson Fees
32.6 Severability
32.7 Sovereign Immunity Preserved
Title 33 - Guide Packers
33.0 Short Title and Purpose
33.0.1 Short Title
33.0.2 Purpose
33.1 Prior Ordinances and Policies Amended
33.2 Amendment of this Code
33.3 Jurisdiction
33.3.1 Territory
33.3.2 Persons
33.4 Permit Requirements
33.5 Permit Application Process
33.6 Application Fees and Renewal
33.7 Revocation of a Permit
33.8 Number of Permits Issued
33.9 Refusal to Issue Permit; Appeal and Hearing Procedure
33.10 Enforcement
33.11 Severability
33.12 Sovereign Immunity Preserved
Title 34 - Marijuana Suppression
34.1 Short Title
34.2 Purpose
34.3 Definitions
34.4 Prohibition Against Cultivation of Marijuana
34.5 Enforcement of Ordinance
34.6 Tribal Court Jurisdiction
34.7 Penalties
34.7.1 Civil Penalties
34.7.2 Exclusion from Reservation
34.7.3 Criminal Prosecution
34.7.4 Injunction Prohibiting Cultivation of Marijuana
34.7.4.1 Content of Declaration in Support of Request for Injunctive Relief
34.7.5 Seizure & Destruction of Marijuana
34.7.5.1 Content of Declaration in Support of Request for Order of Seizure, Forfeiture and/or Destruction of Marijuana
34.7.6 Notice and Service
34.7.7 Voluntary Destruction of Marijuana
34.7.8 Involuntary Destruction of Marijuana
34.8 Medicinal Use Defense Not Available
34.9 Severability
34.10 Sovereign Immunity
Title 35 - Riparian Mining
35.0 Short Title, Findings, and Purpose
35.0.1 Short Title
35.0.2 Findings
35.0.3 Purpose
35.1 Scope
35.2 Definitions
35.3 Establishment of Review Committee; Duties, Functions, and Authorities
35.4 Permit Requirements
35.5 Reclamation Plan Purpose
35.6 Reclamation Plan Requirements
35.7 Review Procedure
35.8 Performance Bond
35.9 Mining and Reclamation Practices
35.9.1 Soil Erosion Control
35.9.2 Water Quality and Watershed Control
35.9.3 Flood Control
35.9.4 Protection of Fish and Wildlife Habitat
35.9.5 Disposal of Mine Waste Rock and Overburden
35.9.6 Soil Salvage
35.9.7 Final Slope Gradient
35.9.8 Backfilling and Grading
35.9.9 Revegetation
35.10 Authority to Enter and Inspect Premises and Records
35.11 Enforcement
35.12 Appeals and Judicial Review
35.13 Severability
35.14 Sovereign Immunity Preserved
Title 36 - Foreclosure and Eviction Ordinance
Chapter 1. General Provisions Foreclosures & Evictions
36.1.01 Short Title
36.1.02 Authority
36.1.03 Findings
36.1.04 Purposes and Interpretation
36.1.05 Applicability (and Scope)
36.1.06 Jurisdiction
36.1.07 Construction
36.1.08 Retroactive Effect
36.1.09 Sovereign Immunity Preserved
36.1.10 Severability
Chapter 2. Definitions - Foreclosure
36.2.01 Secured Transaction Definitions
Chapter 3. Foreclosure of Secured Transactions
36.3.01 Self-Help Remedies Eliminated
36.3.02 One Action to Foreclose Security Interest
36.3.03 Action to Foreclose Interest in Personal Property
36.3.04 Action to Foreclose Mortgage
Chapter 4. Sale of Property
36.4.01 Notice
36.4.02 Conduct of Sale
36.4.03
Return of Sale
36.4.04 Title to Real Property
36.4.05 Redemption
36.4.06 Surpluses and Deficiencies from Sales
Chapter 5. Actions to Recover Possession of Real Property - Evictions
36.5.1 Definitions - Evictions
Chapter 6. Leases & Rental Agreements
36.6.01 Terms Prohibited in Leases
36.6.02 Term of Tenancy
36.6.03 Payment of Rent
36.6.04 Rules and Regulations
Chapter 7. Landlord Responsibilities & Rights
36.7.01 Landlord Responsibilities
36.7.02 Retaliation Prohibited
36.7.03
Landlord's Entry; Notice
36.7.04 No Self-Help Eviction
Chapter 8. Security Deposits
36.8.01
Amount of Security Deposit
36.8.02 Security Deposit Held for Tenant
36.8.03 Reasonably Necessary Claim; Preexisting Defects; Ordinary Wear and Tear
36.8.04 Return of Security Deposit; Itemized Statement
36.8.05 Action to Reclaim Security Deposit
Chapter 9. Tenant's Responsibilities & Rights
36.9.01 Tenant Responsibilities
36.9.02 Tenant Maintenance
36.9.03 Repair and Deduct
Chapter 10. Abandonment
36.10.01 Procedural Requirements to Establish Abandonment
36.10.02 Service of Notice of Abandonment
36.10.03
Content of Notice of Abandonment
36.10.04 Defenses to Claim of Abandonment
Chapter 11. Eviction
36.11.01 Notice; Method of Service
36.11.02 Grounds for Eviction
Chapter 12. Procedural Rules for All Cases Heard Under this Title
36.12.01 Summary Proceeding
36.12.02 Necessary Party Tenants; Joinder; Judgment; Subtenants after Notice to Tenant; Persons Bound by Judgment
36.12.03 Summons and Complaint
36.12.04 Appearance; Answer, Dismiss or Stay; Time Allowed
36.12.05 Motion for Summary Judgment
36.12.06 Extension of Time; Consent of Adverse Party
36.12.07 Entry of Default; Application for Relief
36.12.08 Pretrial Conference Hearings
36.12.09 Trial; No Jury Trial; Prima Facie Case; Rent
36.12.10 Defenses
Chapter 13. Discovery
36.13.01 Discovery Motions
36.13.02 Depositions
36.13.03 Interrogatories
36.13.04 Production of Documents; Inspections
36.13.05 Request for Admissions
Chapter 14. Judgment
36.14.01 Judgment
36.14.02
Relief Available to Plaintiff
36.14.03 Judgment: Defendant
36.14.04 Money Judgment Against Hoopa Valley Tribe Prohibited
36.14.05 Writ of Possession of Real Property
36.14.06 Execution of Judgment
36.14.07 Stay of Execution
36.14.08 Sale of Property; Release of Property to Rightful Owner
Title 37 - Pollutant Discharge
Section 1. Short Title, Findings, and Purpose
1.1 Short Title
1.2 Findings
1.3 Purpose
1.4 Scope
Section 2. Definitions
Section 3. Establishment of Duties, Functions, and Authorities
3.1 Tribal Planning Department
3.2 Riparian Review Committee
3.3 Department of Public Safety and Emergency Services
3.4 Tribal Court
Section 4. Permitting
4.1 Permits Required
4.2
Categorical Exclusions
Section 5. Wellhead Protection
5.1 Establishment and Delineation of Wellhead Protection Areas
5.2 Wellhead Protection Boundary Disputes
5.3 Use Regulation
5.3.1 Permitted Uses
5.3.2 Uses and Activities Requiring a Wellhead Protection Area Use Permit
5.4 Procedures for Issuance of Wellhead Protection Area Use Permits
Section 6. Surface Water Quality Standards
6.1 Designated Uses
6.1.1 Use Classification Key
6.2 General Water Quality Criteria
6.3 Water Quality Criteria for Toxic Pollutants
6.4 Aquatic Life Criteria
6.5 Biological Criteria
6.6 Wildlife Criteria
6.7 Wetlands Criteria
Section 7. Notice of Discharges
7.1 Notice of Discharge
Section 8. Appeals
8.1 Administrative Review
8.2 Judicial Review
Section 9. Severability
9.1 Severability
Section 10. Sovereign Immunity Preserved
10.1 Sovereignty
Title 39 - Construction Tax
Section 1. Title
Section 2. Tax Commission
Section 3. Construction Tax
Section 4. Collection
Section 5. Revenue Allocation
Section 6. Floor
Section 7. Records
Section 8. Reporting
Section 9. Standard Forms
Section 10. Natural Person-Local Address
Section 11. Failure to File
Section 12. Failure to Pay
Section 13. Liens
Section 14. Tax Disputes
Section 15. Effective Date
Section 16. Not Affecting Tribe
Section 17. Policies and Rules
Section 18. Transmission to Secretary of Interior
Title 40 - Per Capita
Section 1. Purpose
Section 2. Definitions
Section 3. Eligibility
Section 4. Distribution
Section 5. Amount of Payments
Section 6. Fiscal Controls
Section 7. Tax and Resources Exemption
Section 8. Appeals
Section 9. Effective Date, Amendment
Title 41 - Youth Curfew
Section 1. Short Title, Findings, and Purpose
41.1.1 Short Title
41.1.2 Findings
41.1.3 Purpose
41.1.4 Scope
41.1.5 Effective Date
Section 2. Definitions
Section 3. Regulations
41.3.1 Prohibition
41.3.2 Exemptions
41.3.3 Enforcement Procedure
41.3.4 Penalties
41.3.5 Records
Title 42 - Oversight Restructuring
42.1 Purpose
42.2 Definitions
42.3 Administration by Chairman
42.4 Previously Revoked Positions
42.5 Chairman's Report
42.6 Effective Date
42.7 Establishment of Boards, Committees or Commissions
42.8 Ratification of Boards, Committees or Commissions
42.8.1 No Property Interest in Appointment
42.8.2 Application of Personnel Policies and Procedures
42.9 Charters
42.10 Ratification of Charters
42.11 Sovereign Immunity
Title 44 - Traffic Code
Chapter 1. Title
Section 100. Title
Chapter 2. Findings, Purposes and Construction
Section 200. Findings
Section 201. Purposes
Section 202. Construction
Chapter 3. Definitions
Chapter 4. General Application
Section 400 . Jurisdiction
Section 401. Application of Traffic Laws
Section 402. Enforcement
Section 403. Cooperative Agreements
Section 404. Opportunity to be Heard
Section 405. Forum
Section 406. Authority of Hoopa Valley Tribal Court and Hearing Officers
Section 407. Traffic Violation Fund
Chapter 5. Accidents
Section 500. Liability for Negligent or Wrongful Operation of Vehicle
Section 501. Runaway Vehicles
Section 502. Accidents Resulting Only in Injury to Property
Section 503. Accidents Resulting in Death or Personal Injuries
Section 504. Written Reports of Accidents
Section 505. When Driver Physically Unable to Report
Section 506. Accident Reports Confidential; Exceptions
Chapter 6.
Civil Infractions
Subchapter 1. General Application
Section 600. Violations
Section 601. Civil Penalties
Section 602. Seizure of Security
Subchapter 2. Driver's License and License Plates
Section 620. Possession of Valid License to Drive Required
Section 621. Valid State or Tribal License Plates Required
Subchapter 3. Vehicle Equipment and Safety
Section 640. Equipment and Safety
641. Lighting Equipment, brakes, tires, size, weight and load
642. Mufflers
643. Windshields and Car Windows
644. Mirrors
645. Horns and Warning Devices
646. Stopped Vehicles Not to Impede Traffic or Jeopardize the Safety of Other Motorists
647. Emergency Signals; Stopped or Parked Vehicles
648. Safety Belts
649. Child Safety Restraints
650. Unattended Child in Motor Vehicle
651. Motorcycles
Subchapter 4. Traffic Signs, Signals, and Markings
Section 660. Obedience to Traffic Signs, Signals, and Markings
Section 661. Legend for Traffic Signs, Signals, and Markings
Section 662. Display of Unauthorized Signs, Signals, or Markings
Subchapter 5. Speed Laws
Section 680. Speed Regulation
Section 681. Classification of Speeding Violations
Subchapter 6. Right-of-Way
Section 700. Vehicle Approaching or Entering Intersections
Section 701. Vehicle Turning Left of Completing a U-Turn
Section 702. Vehicles Entering Stop or Yield Intersection or Approaching Designated Crossing
Section 703. Vehicle Entering Roadway from Alley, Private Road, or Driveway
Section 704. Duty Upon Approach of Authorized Emergency Vehicle
Subchapter 7. Driving, Overtaking, and Passing
Section 720. Driving on the Right
Section 721. Driving on Roadways Laned for Traffic
Section 722. Overtaking and Passing
Section 723. Following too Closely
Section 724. Additional Driving Rules
Subchapter 8. Turning and Turning Signals
Section 740. Required Position and Method of Turning at Intersections
Section 741. Safety and Required Signals
Subchapter 9. Stopping, Standing, or Parking
Section 760. Stopping, Standing, or Parking on the roadway
Section 761. Stopping, Standing, or Parking in Specified Places
Section 762. Officers May Remove Illegally Stopped Vehicles
Section 763. Position of Parked Vehicle
Section 764. Parking Privileges for Physically Disabled
Subchapter 10. Pedestrian's Rights and Duties
Section 780. Pedestrians Subject to Traffic Regulations
Section 781. Pedestrian's right-of-way in Crosswalks
Section 782. Crossing not at a Crosswalk
Title 45 - Wage Garnishment
Section 1. Purpose
Section 2. Definitions
Section 3. Applicability
Section 4. Recognition and Enforcement
Section 5. Original Actions in the Hoopa Valley Tribal Court
Section 6. Enforcement of Foreign court Orders, Judgments or Decrees
Section 7. Personal Jurisdiction
Section 8. Notice and Opportunity to be Heard
Section 9. Garnishment of Wages for Satisfaction of Judgment
Section 10. Administrative Processing Fee
Section 11. Child Support Orders
Section 12. Saving Clause
Section 13. Stay in Case of Appeal
Section 14. Effective Date, Amendment
Section 15. Severability
Section 16. Sovereign Immunity Not Waived
Title 46 - Workers Comp
Section 1. Purpose
Section 2. Scope
Section 3. Definitions
Section 4. Policy
Section 5. Disputed Claims Adjudication
A. Determination
B. Request for Hearing
C. Status Conference
D. Selection of Arbitrator
E. Burden of Proof
F. Witnesses
G. Documents
H. Motions
I. Continuances
J. Arbitrator
K. Parties and Representatives
L. Reporting
M. Evidence
N. Audience
O. Order of Proof
P. Decision
Q. Appellate Review
R.
Law to Apply
S. Notice to State
T. Approval of Settlement
U. Effect of Filing an Action
V. Attorney's Fees
W. Contingency Fee Limit
X. Subrogation
Y. Third Party Credit/Collateral Source Deduction
Z. Independent Medical Examination
Section 6. Acts Outside Course or Scope of Employment
Section 7. Refusal of Employee to Submit to Treatment
Section 8. Income Benefits for Temporary or no Increased Compensation Total Disability
A. Temporary Disability
B. Permanent Disability
C. Permanent Total disability
Section 9. Fatality Income Benefits
Section 10. Environmental Tobacco
Section 11. Stress Claims
Section 12. Chiropractic Treatment
Section 13. Effective Date, Amendment
Section 14. Severability
Section 15. Sovereign Immunity
Title 47 - Sex Offender Reg
Section 1. Short Title
Section 2. Scope
Section 3. Purpose
Section 4. Registration of Sex Offenders
Section 5. Content of Registration
Section 6. Penalties for Failure to Register
Section 7. Restrictions on Inspection of Certain Information
Section 8. Temporary Release of Confined Person
Section 9. Mentally Disordered Sex Offender
Section 10. Release of Information
Section 11. Exclusion of Non-Member Sex Offenders
Section 12. Record of Dissemination of Information
Section 13. Immunity of Law Enforcement Agency and Employees
Section 14. Civil Penalties for Misuse of Information
Section 15. Application of Registration and Public Notification Provisions
Section 16. Effective Date, Amendment
Section 17. Severability
Section 18. Sovereign Immunity
Title 48 - Land Commission
Article 1. Local Planning
Article 2. Authority for and Scope of General Plans
Article 3. Preparation, Adoption, and Amendment of the General Plan
Article 4. Administration of General Plan
Article 5. Open-Space Lands
Article 6. Housing Elements
Title 49 - Solid Waste
49.1 Purpose
49.2 Scope
49.3 Definitions
49.4 Responsibility for Storage and Disposal of Solid Waste
49.5 Unlawful Storage and Disposal of Solid Waste
49.6 Recovery of Disposal Costs
49.7 Enforcement and Judicial Review
49.8
Permit and Fee Schedule
49.9 Severability
49.10 Sovereign Immunity Preserved
Title 50 - Business Policy
50.101
Short Title
50.102 Definitions
50.103 Purpose
50.104 Tribal and Private Sector Business Policy
50.105 Employment in Lieu of Tax Policy
50.106
Private Business Non-Interference Policy
50.107 Use of Tribal Lands and Resources to Promote Business
50.108 Not a Waiver of Authority or Jurisdiction
50.109 Local Purchasing Policy
50.110 Department of Commerce Business Tax
50.111 Severability
Title 51 - Tribal Corps
51.101 Short Title
51.102. Scope
51.103 Purpose and Construction
51.104 Definitions
51.105 Tribal Department of Commerce
51.106 Status of Corporations
51.107 Reporting Requirements
51.108 Jurisdiction of Tribal Court
51.109 Registered Agent
51.110 Liability of Shareholders or Members
51.111 Corporate Name
51.112 Fees
51.113 Savings Clause
Title 52 - Tribal Entities
PART I. General Provisions
52.101 Scope
52.102 Purpose and Construction
52.103 Definitions
52.104 Status of a Tribal Entity
52.105 Preexisting Tribal Entities
52.106 Sovereign Immunity and Waiver
52.107 Assets of a Tribal Entity
PART II. Creation and Regulation of a Tribal Entity
52.108 Tribal Entity Charter
52.109 Dual-Purpose Governmental/Business Entities/Election to Have No Governing Body
52.110 Delegation of Essential Governmental Functions of Tribal Entities
52.111 Liability of Members of Governing Body of Tribal Entities
52.112 Disposition of Assets
52.113 Amendment of Tribal Entity Charter
PART III. Facilitation of Business Opportunities
52.114 Authority to Enter Into Partnerships
52.115 Multiple-year and Long Term Leases and Permits for Tribal Entities
PART IV. Severability
52.116 Severability
Title 53 - Approve Business Corps
Part I. Formation of Corporations
53.101 Scope of Title
53.102 General Powers of Business Corporations
53.103 Defense of Ultra Vires
53.104 Articles of Incorporation
53.105 Filing of Articles of Incorporation
53.106 Effect of Filing the Articles of Incorporation - Certificate of Incorporation
53.107 Organization Meeting of Directors
Part II. Shares, Shareholders and Distributions
53.108 Authorized Shares
53.109 Certificates Representing Shares
53.110 Subscription for Shares
53.111 Determination of Price -- Payment for Shares
53.112 Expenses of Organization, Reorganization and Financing
53.113 Stockholder's Liability -- Consideration for Shares
53.114 Stated Capital; Determination of Amount
53.115 Payment of Deficits Out of Capital Surplus or Earned Surplus
53.116 Insolvent Corporation Prohibited from Purchasing Own Shares
53.117 Shares Transfer Restrictions
53.118 Offer to Sell Shares
53.119 Notice of Transfer Restrictions on Issued Shares
53.120 Transfer of Shares in Breach of Transfer Restrictions
53.121 Sale of Assets
53.122 Election Not to Have a Board of Directors
53.123 Agreements Among Shareholders
53.124 Shareholders' Right to Inspect Records
53.125 Annual Meeting
53.126
53.127 Notice of Shareholders, Meeting
53.128 Shareholder Sale Option at Death
53.129 Actions by Stateholders of Close Corporations
53.130 Limited Liability
Part III. Directors and Officers
53.131 Duties of Board of Directors
53.132 Qualifications of Directors
53.133 Terms of Directors
53.134 Removal of Directors by Shareholders
53.135 Removal of Directors by Judicial Proceeding
53.136 Meetings
53.137 Action without Meeting
53.138Notice of Meeting
53.139 Waiver of Notice
53.140 Quorum and Voting
53.141 General Standards for Directors
53.142 Director Conflict of Interest
53.143 Liability for Unlawful Distributions
53.144 Officers
53.145 Standards of Conduct for Officers
53.146 Resignation and Removal of Officers
53.147 Indemnification of Corporate Agents
53.148 Mandatory Indemnification
53.149 Insurance
Part IV. Amendment of Articles of Incorporation
53.150 Resolution of Proposed Amendment
53.151 Notice of Proposed Amendment
53.152 Vote of Shareholders Meeting
53.153 Classes of Shares Entitled to Vote
53.154 Articles of Amendment
Part V. Dissolution
53.155 Dissolution by Board of Directors and Shareholders
53.156 Shareholder Option to Dissolve the Corporation
53.157 Articles of Dissolution
53.158 Effect of Dissolution
53.159 Known Claims Against Dissolved Corporation
53.160 Unknown Claims Against Dissolved Corporation
53.161 Grounds for Administrative Dissolution
53.162 Procedure for and Effect of Administrative Dissolution
53.163 Grounds for Judicial Dissolution
53.164 Procedure for Judicial Dissolution
53.165 Decree of Dissolution
53.166 Severability
Title 54 - Non-Profit Corps
Part I. Formation
54.101
Scope of Title
54.102 Definition of Terms Used in this Title
54.103 Purposes and Powers of Non-Profit Corporations
54.104 Limitations
54.105 Limitations on Private Foundations
54.106 Defense of Ultra Vires
54.107 Articles of Incorporation
54.108 Filing of Articles of Incorporation
54.109 Effect of Filing the Articles of Incorporation - Certificate of Incorporation
54.110 Organization Meeting of Directors
Part II. Members
54.111 Admission of Members
54.112 Differences in Rights and Obligations of Members
54.113 Transfers
54.114 Resignation
54.115 Termination
54.116 Purchase of Memberships
54.117 Annual Meeting of Members
54.118 Special Meetings of Members
54.119 Notice of Members' Meetings
54.120 Waiver of Notice
54.121 Action by Written Ballot
54.123 Inspection of Corporate Records
54.124 Limitations on use of Membership Lists
Part III. Directors and Officers
54.125 Duties of Board of Directors
54.126 Qualifications of Directors
54.127 Terms of Directors
54.128 Removal of Elected Directors
54.129 Removal of Designated or Appointed Directors
54.130 Removal of Directors by Judicial Proceeding
54.131 Vacancy on Board
54.132 Meetings
54.133 Action without Meeting
54.134 Notice of Meeting
54.135 Waiver of Notice
54.136 Quorum of Meeting
54.137 General Standards for Directors
54.138 Director Conflict of Interest
54.139 Liability for Unlawful Payments
54.140 Officers
54.141 Standards of Conduct for Officers
54.142 Resignation and Removal of Officers
54.143 Indemnification of Corporate Agents
54.144 Mandatory Indemnification
54.145 Advance for Expenses
54.146 Court-Ordered Indemnification
54.147 Determination and Authorization of Indemnification
54.148 Insurance
Part IV. Amendment of Articles of Incorporation
54.149 Amendments to Bylaws and Articles of Corporations without Members
54.150 Amendments to Bylaws and Articles of Corporations with Members
54.151 Approval by Third Persons
54.152 Articles of Amendment
Part V. Dissolution
54.153 Dissolution of Corporations without Members
54.154 Voting on Dissolution by Directors and Members
54.155 Distribution by Public Benefit Corporations
54.156 Articles of Dissolution
54.157 Effect of Dissolution
54.158 Known Claims against Dissolved Corporation
54.159 Unknown Claims Against Dissolved Corporation
54.160 Grounds for Administrative Dissolution
54.161 Procedure for and Effect of Administrative Dissolution
54.162 Grounds for Judicial Dissolution
54.163 Procedure for Judicial Dissolution
54.164 Receivership or Custodianship
54.165 Decree of Dissolution
54.166 Deposit with Tribal Treasurer
54.167 Severability
Title 55 - Business Partnership
55.101 Short Title
55.102 Purpose
55.103 Contents of Partnership Agreements
55.104 Standard Partnership Provisions
55.105 Jurisdiction of Tribal Court
55.106 Severability
Title 56 - Business License and Standards Code
CHAPTER 1. BUSINESS LICENSING
Part 1. Legislative Findings and Purpose
56.101 Sovereign Power to Regulate Business, Impose Taxes and License Fees
56.102 Purpose
56.103 Pre-Existing Businesses, Special Purpose Projects, Benefits
56.104 Definitions
56.105 Administration of Title
56.106 Administrative Actions
56.107 Agreements with Federal, State and Local Governments
Part 2. Business Licenses
56.201 Applicability
56.202 Application and Issuance
56.203 Denial of License and Appeal
56.204 Exemptions
56.205 Classes of Licenses
56.206 Conditions of License
Part 3. Sanctions
56.301 Revocation of License; Failure to Obtain License; Show Cause Hearing
56.302 Civil Penalties and Restitution
56.303 Removal and Exclusion of Non-Indians
56.304 Other Remedies
56.305 Appeals
CHAPTER II. BUSINESS STANDARDS
56.401 In-Home Sales
56.402 Food Sanitation
56.403 Non-Consumer Property Damage Protections
56.404 Informal Complaint Procedures
CHAPTER III. SAVINGS CLAUSE
56.501 Savings Clause
Title 56.402 - Supplement - Implementing Food Regulations
Chapter 1. Purpose and Definitions
Part 1-1 Title, Intent, Scope
1-101.10 Title
1-102.10 Intent
1-103.10 Scope
Part 1-2 Definitions
1-201 Applicability and Terms Defined
1-201.10 Statement of Application and Listing of Terms
Chapter 2. Management and Personnel
Part 2-1 Supervision
2-101.11 Responsibility
2-102.11 Knowledge
2-103.11 Duties
Part 2-2 Employee Health
2-201.11 Disease or Medical Condition
2-201.12 Exclusions and Restrictions
2-201.13 Removal of Exclusions and Restrictions
2-201.14 Responsibility of a Food Employee or an Applicant to Report to the Person in Charge
2-201.15 Reporting to the Person in Charge
Part 2-3 Personal Cleanliness
Part 2-301 Hands and Arms
2-301.11 Clean Condition
2-301.12 Cleaning Procedure
2-301.13 Special Handwash Procedures
2-301.14 When to Wash
2-301.15 Where to Wash
2-301.16 Hand Sanitizers
Part 2-302
Fingernails
2-303.11 Maintenance
2-303 Jewelry
2-303.11 Prohibition
2-304 Outer Clothing
2-304.11 Clean Condition
Part 2-4 Hygienic Practices
2-401 Food Contamination Prevention
1-401.11 Eating, Drinking, or Using Tobacco
2-401.12 Discharges from the Eyes, Nose and Mouth
2-402 Hair Restraints
2-402.11 Effectiveness
2-402.12 Handling Prohibition
2-403 Animals
[Withheld]
Chapter 3. Food
Part 3-1 Characteristics
3-101 Condition
3-101.11 Safe, Unadulterated, and Honestly Presented
Part 3-2 Sources, Specifications, and Original Containers and Records
3-201 Sources
3-201.11 Compliance with Food Law
3-201.12 Food in a Hermetically Sealed Container
3-201.13 Fluid Milk and Milk Products
3-201.14 Fish
3-201.15 Mulluscan Shellfish
3-201.16 Wild Mushrooms
3-201.17 Game Animals
3-202 Specifications for Receiving
3-201.11 Temperature
3-202.12 Additives
3-202.13 Shell Eggs
3-202.14 Eggs and Milk Products, Pasteurized
3-202.15 Package Integrity
3-202.16 Ice
3-202.17 Shucked Shellfish, Packaging and Identification
3-202.18 Shellstock Identification
3-202.19 Shellstock, Condition
3-202.110 Juice Treated
3-203 Original Containers and Records
3-203.11 Mulluscan Shellfish, Original Container
3-203.12 Shellstock, Maintaining Identification
Part 3-3 Protection from Contamination after Receiving
3-301 Preventing Contamination
3-301.11 Preventing Contamination from Hands
3-301.12 Preventing Contamination when Tasting
3-302 Preventing Food and Ingredient Contamination
3-302.11 Packaged and Unpackaged Food - Separation, Packaging, and Segregation
3-302.12 Food Storage Containers, Identified with Common Name of Food
3-302.13 Pasturized Eggs, Substitute for Raw Shell Eggs for Certain Recipes
3-302.14 Protection from Unapproved Additives
3-302.15 Washing Fruits and Vegetables
3-303 Preventing Contamination from Ice Used as a Coolant
3-303.11 Ice Used as Exterior Coolant, Prohibited as Ingredient
3-303.12 Storage or Display of Food in Contact with Water or Ice
3-304 Preventing Contamination from Equipment, Utensils, and Linens
3-304.11 Food Contact with Equipment and Utensils
3-304.12 In-Use Utensils, Between-Use Storage
3-304.13 Linens and Napkins, Use Limitation
3-304.14 Wiping Cloths, Use Limitation
3-304.15 Gloves, Use Limitation
3-304.16 Using Clean Tableware for Second Portions and Refills
3-304.17 Refilling Returnables
3-305 Preventing Contamination from the Premises
3-305.11 Food Storage
3-305.12 Food Storage, Prohibited Areas
3-305.13 Vended Potentially Hazardous Food, Original Container
3-305.14 Food Preparation
3-306 Preventing Contamination by Consumers
3-306.11 Food Display
3-306.12 Condiments, Protection
3-306.13 Consumer Self-Service Operations
3-307 Preventing Contamination from Other Sources
3-307.11 Miscellaneous Sources of Contamination
Part 3-4 Destruction of Organisms of Public Health Concern
3-401 Cooking
3-401.11 Raw Animal Foods
3-401.12 Microwave Cooking
3-401.13 Plant Food Cooking for Hot Holding
3-402 Freezing
3-402.11 Parasite Destruction
3-402.12 Records, Creation and Retention
3-403 Reheating
3-403.10 Preparation for Immediate Service
3-403.11 Reheating for Hot Holding
3-404 Other Methods
3-404.11 Treating Juice
Part 3-5 Limitation of Growth of Organisms of Public Health Concern
3-501 Temperature and Time Control
3-501.11 Frozen Food
3-501.12 Potentially Hazardous Food, Slacking
3-501.13 Thawing
3-501.14 Cooling
3-501.15 Cooling Methods
3-501.16 Potentially Hazardous Food, Hot and Cold Holding
3-501.17 Ready-to-Eat, Potentially Hazardous Food, Date Marking
3-501.18 Ready-to-Eat, Potentially Hazardous Food, Disposition
3-501.19 Time as a Public Health Control
3-502 Specialized Processing Methods
3-502.11 Variance Requirement
3-502.12
Reduced Oxygen Packaging, Criteria
Part 3-6 Food Identity, Presentation, and On-Premises Labeling
3-601 Accurate Representation
3-601.11 Standards of Identity
3-601.12 Honestly Presented
3-602 Labeling
3-602.11 Food Labels
3-602.12 Other Forms of Information
3-603 Consumer Advisory
3-603.11 Consumption of Animal Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens
Part 3-7 Contaminated Food
3-701 Disposition
3-701.11 Discarding or Reconditioning Unsafe, Adulterated, or Contaminated Food
Part 3-8 Special Requirements for Highly Susceptible Populations
3-801 Additional Safeguards
3-801.11 Pasturized Foods, Prohibited Reservice, and Prohibited Food
Chapter 4. Equipment, Utensils, and Linens
4-1 Materials for Construction and Repair
4-101 Multiuse
4-101.11 Characteristics
4-101.12 Cast Iron, Use Limitation
4-101.13 Lead in Ceramic, China, and Crystal Utensils, Use Limitations
4-101.14 Copper, Use Limitation
4-101.15 Galvanized Metal, Use Limitation
4-101.16 Sponges, Use Limitation
4-101.17 Lead in Pewter Alloys, Use Limitation
4-101.18 Lead in Solder and Flux, Use Limitation
4-101.19 Wood, Use Limitation
4-101.110 Nonstick Coatings, Use Limitation
4-101.111 Nonfood-Contact Surfaces
4-102 Single-Service and Single-Use
4-102.11 Characteristics
4-2 Design and Construction
4-201 Durability and Strength
4-201.11 Equipment and Utensils
4-201.12 Food Temperature Measuring Devices
4-202 Cleanability
4-202.11 Food-Contact Surfaces
4-202.12 CIP Equipment
4-202.13 "V" Threads, Use Limitation
4-202.14 Hot Oil Filtering Equipment
4-202.15 Can Openers
4-202.16 Nonfood-Contact Surfaces
4-202.17 Kick Plates, Removable
4-202.18 Ventilation Hood Systems, Filters
4-203 Accuracy
4-203.11 Temperature Measuring Devices, Food
4-203.12 Temperature Measuring Devices, Ambient Air and Water
4-203.13 Pressure Measuring Devices, Mechanical Warewashing Equipment
4-204 Functionality
4-204.11 Ventilation Hood Systems, Drip Prevention
4-204.12 Equipment Openings, Closures and Deflectors
4-204.13 Dispensing Equipment, Protection of Equipment and Food
4-204.14 Vending Machine, Vending Stage Closure
4-204.15 Bearings and Gear Boxes, Leakproof
4-204.16 Beverage Tubing, Separation
4-204.17 Ice Units, Separation of Drains
4-204.18 Condenser Unit, Separation
4-204.19 Can Openers on Vending Machines
4-204.110 Molluscan Shellfish Tanks
4-204.111 Vending Machines, Automatic Shutoff
4-204.112 Temperature Measuring Devices
4-204.113 Warewashing Machine, Data Plate Operating Specifications
4.204.114 Warewashing Machines, Internal Baffles
4-204.115 Warewashing Machines, Temperature Measuring Devices
4-204.116 Manual Warewashing equipment, Heaters and Baskets
4-204.117 Warewashing Machines, Automatic Dispensing of Detergents and Sanitizers
4-204.118 Warewashing Machines, Flow Pressure Device
4-204.119 Warewashing Sinks and Drainboards, Self-Draining
4-204.120 Equipment Compartments, Drainage
4-204.121 Vending Machines, Liquid Waste Products
4-204.122 Case Lot Handling Equipment, Movability
4-204.123 Vending Machine Doors and Openings
4-205 Acceptability
4-205.10 Food Equipment, Certification and Classification
4-3 Numbers and Capacities
4-301 Equipment
4-301.11 Cooling, Heating, and Holding Capacities
4-301.12 Manual Warewashing, Sink Compartment Requirements
4-301.13 Drainboards
4-301.14 Ventilation Hood Systems, Adequacy
4-301.15 Clothes Washers and Dryers
4-302 Utensils, Temperature Measuring Devices, and Testing Devices
4-302.11 Utensils, Consumer Self-Service
4-302.12 Food Temperature Measuring Devices
4-302.13 Temperature Measuring Devices, Manual Warewashing
4-302.14 Sanitizing Solutions, Testing Devices
4-4 Location and Installation
4-401 Location
4-401.11 Equipment, Clothes Washers and Dryers, and Storage Cabinets, Contamination Prevention
4-402 Installation
4-402.11 Fixed Equipment, Spacing or Sealing
4-402.12 Fixed Equipment, Elevation or Sealing
4-5 Maintenance and Operation
4-501 Equipment
4-501.11 Good Repair and Proper Adjustment
4-501.12 Cutting Surfaces
4-501.13 Microwave Ovens
4-501.14 Warewashing Equipment, Cleaning Frequency
4-501.15 Warewashing Machines, Manufacturers' Operating Instructions
4-501.16 Warewashing Sinks, Use Limitation
4-501.17 Warewashing Equipment, Cleaning Agents
4-501.18 Warewashing Equipment, Clean Solutions
4-501.19 Manual Warewashing Equipment, Wash Solution Temperature
4-501.110 Mechanical Warewashing Equipment, Wash Solution Temperature
4-501.111 Manual Warewashing Equipment, Hot Water Sanitization Temperatures
4-501.112 Mechanical Warewashing Equipment, Hot Water Sanitization Temperatures
4-501.113 Mechanical Warewashing Equipment, Sanitization Pressure
4-501.114 Manual and Mechanical Warewashing Equipment, Chemical Sanitization - Temperature, pH, Concentration, and Hardness
4-501.115 Manual Warewashing Equipment, Chemical Sanitization Using Detergent-Sanitizers
4-501.116 Warewashing Equipment, Determining Chemical Sanitizer Concentration
4-502 Utensils and Temperature and Pressure Measuring Devices
4-502.11 Good Repair and Calibration
4-502.12 Single-Service and Single-Use Articles, Required Use
4-502.13 Single-Service and Single-Use Articles, Use Limitation
4-502.14 Shells, Use Limitation
4-6 Cleaning of Equipment and Utensils
4-601 Objective
4-601.11 Equipment, Food-Contact Surfaces, Nonfood-Contact Surfaces, and Utensils
4-602 Frequency
4-602.11 Equipment Food-Contact Surfaces and Utensils
4-602.12 Cooking and Baking Equipment
4-602.13 Nonfood-Contact Surfaces
4-603 Methods
4-603.11 Dry Cleaning
4-603.12 Precleaning
4-603.13 Loading of Soiled Items, Warewashing Machines
4-603.14 Wet Cleaning
4-603.15 Washing, Procedures for Alternative Manual Warewashing Equipment
4-603.16 Rinsing Procedures
4-603.17 Returnables, Cleaning for Refilling
4-7 Sanitation of Equipment and Utensils
4-701 Objective
4-701.10 Food-Contact Surfaces and Utensils
4-702 Frequency
4-702.11 Before Use and Cleaning
4-703 Methods
4-703.11 Hot Water and Chemical
4-8 Laundering
4-801 Objective
4-801.11 Clean Linens
4-802 Frequency
4-802.11 Specifications
4-803 Methods
4-803.11 Storage of Soiled Linens
4-803.12 Mechanical Washing
4-803.13 Use of Laundry Facilities
4-9 Protection of Clean Items
4-901 Drying
4-901.11 Equipment and Utensils, Air-Drying Required
4-901.12 Wiping Cloths, Air-Drying Locations
4-902 Lubricating and Reassembling
4-902.11 Food-Contact Surfaces
4-902.12 Equipment
4-903 Storing
4-903.11 Equipment, Utensils, Linens and Single-Service and Single-Use Articles
4-903.12 Prohibitions
4-904 Handling
4-904.11 Kitchenware and Tableware
4-904.12 Soiled and Clean Tableware
4-904.13 Present Tableware
Chapter 5. Water, Plumbing, and Waste
5-1 Water
5-101 Source
5-101.11 Approved System
5-101.12 System Flushing and Disinfection
5-101.13 Bottled Drinking Water
5-102 Quality
5-102.11 Standards
5-102.12 Nondrinking Water
5-102.13 Sampling
5-102.14 Sample Report
5-103 Quantity and Availability
5-103.11 Capacity
5-103.12 Pressure
5-104 Distribution, Delivery, and Retention
5-104.11 System
5-104.12 Alternative Water Supply
5-2 Plumbing System
5-201 Materials
5-201.11 Approved
5-202 Design, Construction, and Installation
5-202.11 Approved System and Cleanable Fixtures
5-202.12 Handwashing Facility, Installation
5-202.13 Backflow Prevention, Air Gap
5-202.14 Backflow Prevention Device, Design Standard
5-202.15 Conditioning Device, Design
5-203 Numbers and Capacities
5-203.11 Handwashing Facilities
5-203.12 Toilets and Urinals
5-203.13 Service Sink
5-203.14 Backflow Prevention Device, When Required
5-203.15 Backflow Prevention Device, Carbonator
5-204 Location and Placement
5-204.11 Handwashing Facilities
5-204.12 Backflow Prevention Device, Location
5-204.13 Conditioning Device, Location
5-205 Operation and Maintenance
5-205.11 Using a Handwashing Facility
5-205.12 Prohibiting a Cross Connection
5-205.13 Scheduling Inspection and Service for a Water System Device
5-205.14 Water Reservoir of Fogging Devices, Cleaning
5-205.15 System Maintained in Good Repair
5-3 Mobile Water Tank and Mobile Food Establishment Water Tank
5-301 Materials
5-301.11 Approved
5-302 Design and Construction
5-302.11 Enclosed System, Sloped to Drain
5-302.12 Inspection and Cleaning Port, Protected and Secured
5-302.13 "V" Type Threads, Use Limitation
5-302.14 Tank Vent, Protected
5-302.15 Inlet and Outlet, Sloped to Drain
5-302.16 Hose, Construction and Identification
5-303 Numbers and Capacities
5-303.11 Filter, Compressed Air
5-303.12 Protective Cover or Device
5-303.13 Mobile Food Establishment Tank Inlet
5-304 Operation and Maintenance
5-304.11 System Flushing and Disinfection
5-304.12 Using a Pump and Hoses, Backflow Prevention
5-304.13 Protecting Inlet, Outlet, and Hose Fitting
5-304.14 Tank, Pump, Hoses, Dedication
5-4 Sewage, Other Liquid Waste, and Rainwater
5-401 Mobile Holding Tank
5-401.11 Capacity and Drainage
5-402 Retention, Drainage, and Delivery
5-402.10 Establishment Drainage System
5-402.11 Backflow Prevention
5-402.12 Grease Trap
5-402.13 Conveying Sewage
5-402.14 Removing Mobile Food Establishment Wastes
5-402.15 Flushing a Waste Retention Tank
5-403 Disposal Facility
5-403.11 Approved Sewage Disposal System
5-403.12 Other Liquid Wastes and Rainwater
5-5 Refuse, Recyclables, and Returnables
5-501 Facilities on the Premises
5-501.10 Indoor Storage Area
5-501.11 Outdoor Storage Surface
5-501.12 Outdoor Enclosure
5-501.13 Receptacles
5-501.14 Receptacles in Vending Machines
5-501.15 Outside Receptacles
5-501.16 Storage Areas, Rooms, and Receptacles, Capacity and Availability
5-501.18 Cleaning Implements and Supplies
5-501.19 Storage Areas, Redeeming Machines, Receptacles and Waste Handling Units, Location
5-501.110 Storing Refuse, Recyclables and Returnables
5-501.111 Areas, Enclosures, and Receptacles, Good Repair
5-501.112 Outside Storage Prohibitions
5-501.113 Covering Receptacles
5-501.114 Using Drain Plugs
5-501.115 Maintaining Refuse Areas and Enclosures
5-501.116 Cleaning Receptacles
5-500 Removal
5-502.11 Frequency
5-502.12 Receptacles or Vehicles
5-503 Facilities for Disposal and Recycling
5-503.11 Community or Individual Facility
Chapter 6. Physical Facilities
Chapter 7. Poisonous or Toxic Materials
Chapter 8. Compliance and Enforcement
Appendix No. 1 - HACCP Guidelines
Title 57 - Commercial Transactions
Part 1. Short Title, Construction, Application and Subject Matter of the Act
57.1.101 Short title
57.1.102 Scope
57.1.103 Purposes; Rules of Construction
57.1.104 Supplementary General Principles of Law
57.1.105 Construction Against Implicit Repeal
57.1.106 Territorial Application of the Title
57.1.107 Remedies to be Liberally Administered
57.1.108 Waiver or Renunciation of Claim or Right after Breach
57.1.109 Severability
57.1.110 Special Limitation on Application of Code
57.1.111 Administration of the Commercial Transactions; Regulations
Part 2. Definitions and Principles of Interpretation
57.1.201 General Definitions
57.1.202 Prima Facie Evidence by Third Party Documents
57.1.203 Obligation of Good Faith
57.1.204 Notice
57.1.205 Course of Dealing and Usage of Trade
57.1.206 Performance or Acceptance Under Reservation of Rights
57.1.207 Option to Accelerate at Will
57.1.208 Subordinated Obligations
57.1.209 Statute of Frauds for Kinds of Personal Property Not Otherwise Covered
SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER
Part 1. General Provisions
57.2.101 Short Title
57.2.102 Control over Investment Property
57.2.103 Sufficiency of Description
57.2.104 Policy and Scope of Part
57.2.105 Transactions Excluded from Part
57.2.106 Applicability of Other Statutes
Part 2. Validity of Security Agreement, Attachment of Security Interest, and Rights of Parties to Security Agreement
57.2.201 General Validity of Security Agreement
57.2.202 Title to Collateral Immaterial
57.2.203 Attachment and Enforce-ability of Security Interest; Proceeds; Support Obligations; Formal Requisites
57.2.204 After-Acquired Property; Future Advances
57.2.205 Use or Disposition of Collateral Without Accounting Permissible
57.2.206 Security Interest Arising in Purchase or Delivery of Financial Asset
57.2.207 Rights and Duties When Collateral is in Secured Party's Possession
57.2.208 Request for Accounting, List of Collateral or Statement of Account
Part 3. Perfection of Security Interests
57.2.301 Perfection and Priority of Certain Possessory and Non-possessory Security Interests
57.2.302 Perfection and Priority of Agricultural Liens
57.2.303 Perfection and Priority of Security Interest in Goods Covered by a Certificate of Title
57.2.304 Perfection and Priority of Security Interest in Deposit Accounts
57.2.305 Perfection and Priority of Security Interest in Investment Property
57.2.306 Perfection and Priority of Security Interest in Minerals
57.2.307 Location of Debtor
57.2.308 When Security Interest or Agricultural Lien is Perfected; Continuity of Perfection
57.2.309 When Filing is Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions of this Part do not Apply
57.2.310 Perfection of Security Interest in Instruments, Documents, and Goods Covered by Documents; Perfection by Permissive Filing; Temporary Perfection Without Filing or Transfer of Possession
57.2.311 When Possession by Secured Party Perfects Security Interests Without Filing
57.2.312 Perfection by Control
57.2.313 Proceeds; Secured Party's Rights on Disposition of Collateral; Secured Party's Rights in Proceeds
57.2.314 Perfection of Security Interest or Agricultural Lien Following Change in Applicable Law
57.2.315 Interests that Take Priority Over and Take Free of Unperfected Security Interests or Agricultural Lien
57.2.316 Rights and Title of Cosignee and Seller of Account or Chattel Paper with Respect to Creditors and Purchasers
57.2.317 Protection of Buyers of Goods
57.2.318 Lessees of Goods in Ordinary Course of Business
57.2.319 Priorities Among Conflicting Security Interests and Agricultural Liens in the Same Collateral
57.2.320 Future Advances
57.2.321 Priority of Production Money Security Interests and Agricultural Liens
57.2.322 Priority of Purchase Money Security Interests
57.2.323 Priority of Security Interests in Transferred Collateral
57.2.324 Priority of Security Interests in Investment Property
57.2.325 Priority of Security Interests in Investment Property
57.2.326 Priority of Security Interests in Deposit Accounts
57.2.327 Priority of Security Interests in Letters of Credit
57.2.328 Purchase of Chattel Paper and Instruments
57.2.329 Rights of Purchasers of Instruments, Documents and Securities Under Other Law
57.2.330 Transfer of Money; Transfer of Funds from Deposit Account
57.2.331 Priority of Certain Liens Arising by Operation of Law
57.2.332 Priority of Security Interests in Fixtures
57.2.333 Accessions
57.2.334 Priority When Goods are Commingled or Processed
57.2.335 Priority of Security Interest in Goods Covered by a Certificate of Title
57.2.336 Priority of Security Interests Perfected by Effective Financing Statement Containing Incorrect Information
57.2.337 Priority Subject to Subordination
57.2.338 Depositary Institution's Right to Dispose of Funds in Deposit Account
Part 4. Rights of Third Parties
57.2.401 Alien-ability of Debtor's Rights; Judicial Process
57.2.402 Secured Party Not Obligated on Contract of Debtor
57.2.403 Agreement Not to Assert Defenses Against Assignee; Modification of Sales Warranties where Security Agreement
57.2.404 Rights Acquired by Assignee; Defenses Against Assignee; Modification of Contract; Discharge of Account Debtor; Notification of Assignment; Identification and Proof of Assignment; Term Prohibiting Assignment Ineffective
57.2.405 Restrictions on Assignment of Certain General Intangibles Ineffective
Part 5. Filing
Sub-Part 1. Place of Filing, Contents and Effectiveness of Financing Statement
57.2.501 Place of Filing
57.2.502 Contents of Financing Statement; Mortgage as Financing Statement; Time of Financing Statement
57.2.503 Name of Debtor and Secured Party
57.2.504 Indication of Collateral
57.2.505 Filing and Compliance with Other Statutes and Treaties for Consignments, Leases, Bailments, and Other Transactions
57.2.506 Effect of Minor Errors
57.2.507 Effect of Certain Changes on Effectiveness of Financing Statement
57.2.508 Authorization of Financing Statement; Liability for Unauthorized Filing
57.2.509 Amendment of Financing Statement
57.2.510 Effectiveness of Financing Statement if New Debtor Becomes Bound by Security Agreement
57.2.511 Termination Statement
57.2.512 Assignment of Rights Under Financing Statement
57.2.513 Multiple Secured Parties of Record
57.2.514 Successor of Secured Party
57.2.515 What Constitutes Filing a Record; Effectiveness of Filing
57.2.516 Duration and Effectiveness of Financing Statement; Effect of Lapsed Financing Statement
57.2.517 Contents of Continuation Statement
57.2.518 Effect of Indexing Errors
57.2.519 Claim Concerning Inaccurate or Wrongfully Filed Record; Failure to Send or File Termination Statement
Sub-Part 2. Duties and Operation of Filing Office
57.2.520 Numbering, Maintaining, and Indexing Records
57.2.521 Acceptance and Refusal to Accept Record
57.2.522 Lapsed Financing Statements
57.2.523 Information from Filing Office
57.2.524 Assignment of Functions to Third Party
57.2.525 Fees
57.2.526 Administrative Rules
Part 6. Default
57.2.601 Default and Enforcement of Security Interest
57.2.602 Waiver and Variance of Rights and Duties
57.2.603 Agreement on Standards Concerning
57.2.604 Procedure if Security Agreement Covers Real Property of Fixtures
57.2.605 Time of Default for Agricultural Lien
57.2.606 Collection Rights of Secured Party
57.2.607 Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus
57.2.608 Secured Party's Right to Take Possession After Default
57.2.609 Disposition of Collateral After Default
57.2.610 Person's Entitled to Notification Before Disposition of Collateral
57.2.611 Timeliness of Notification Before Disposition of Collateral
57.2.612 Contents and Form of Notification Prior to Disposition of Collateral
57.2.613 Application of Proceeds of Disposition; Liability for Deficiency and Rights to Surplus
57.2.614 Rights of Transferee of Collateral
57.2.615 Rights and Duties of Certain Persons Liable to Secured Party
57.2.616 Transfer of Record or Legal Title
57.2.617 Acceptance of Collateral in Full or Partial Satisfaction of Obligation; Compulsory Disposition of Collateral
57.2.618 Notification of Proposal to Accept Collateral
57.2.619 Effect of Acceptance of Collateral
57.2.620 Rights to Redeem Collateral
57.2.621 Reinstatement of Obligation Secured Without Acceleration
57.2.622 Waiver of Agreement by Debtor or Consumer
57.2.623 Remedies for Secured Party's Failure to Comply with this Part
57.2.624 Action in Which Deficiency or Surplus is at Issue
57.2.625 Determination of Whether Conduct was Commercially Unreasonable
57.2.626 Nonliability of Secured Party in Certain Circumstances; Liability of Secondary Obligor
57.2.627 Attorney's Fees in Consumer Secured Transactions
Part 7. Judicial Procedure
57.2.701 One Action to Foreclose Security Interest
57.2.702 Action to Foreclose Interest in Personal Property
57.2.703 Right of Attachment
57.2.704 Conduct of Sale
57.2.705 Return on Sale
Title 58 - Fed Surplus
[Withheld]
Title 59 - Small Bus Incentive
59.101 Short Title
59.102 Purpose
59.103 Establishment of the Tribal Small Business Incentive Program, Limitations of Obligation
59.104 Amount of Tribal Contribution from Program
59.105 Administration of the Tribal Small Business Incentive Fund
59.106 Participation in the Tribal Small Business Incentive Fund Program
59.107 Tribal Small Business Incentive Fund Eligibility Requirements
59.108 Tribal Small Business Incentive Fund Repayment Contract
59.109 Enforcement
59.110 Savings Clause
Title 60 - Misc Bus Provisions
60.101 Short Title
60.102
Purpose
60.103 Commercial Land Leases
60.104 Commercial Agricultural Leases
60.105 Multi-Year and Long-Term Resource Use Permits
60.106 Per Capita Ordinance Exemption for Tribal Employment Rights Tax Exemption for Employment and Related Training Funds
60.107 Per Capita Ordinance Exemption for Tribal EDA Revolving Loan Fund
60.108 Tribal Construction Tax Ordinance Exemption
60.109 Business Development Reserved Lands
60.108(2) Pan-Handling and Loitering Prohibited
60.109(2) Educational Organizations
60.110 Educational and Recreational Organizations - Drug and Alcohol Free Requirements
60.111 Savings Clause
Title 61 - Labor Relations
Section
1. Threshold of Applicability
Section 2. Definition of Eligible Employees
Section 3. Non-Interference with Regulatory or Security Activities
Section 4. Eligible Casino Employees Free to Engage in or Refrain from Concerted Activity
Section 5. Unfair Labor Practices for the Tribe
Section 6. Unfair Labor Practices for the Union
Section 7. Tribe and Union Right to Free Speech
Section 8. Access to Eligible Employees
Section 9. Indian Preference Explicitly Permitted
Section 10. Secret Ballot Elections Required
Section 11. Collective Bargaining Impasse
Section 12. Decertification of Bargaining Agent
Section 13. Binding Dispute Resolution Mechanism
Title 62 - Casino Claims
62.1 Short Title
62.2 Scope
62.3 Purpose
62.4 Definitions
62.5 Presentation of Claims as Pre-Requisite for Filing Suit
62.6 Claims Subject to Filing Requirements
62.7 Content of Claim
62.8 Signature of Claimant
62.9 Forms
62.10 Amendment of Claim; Effect of Failure or Refusal to Amend
62.11 Notice of Insufficiency of Claim
62.12 Failure to Give Notice of Insufficiency; Waiver of Defense Based on Defect or Omission
62.13 Time for Presentation of Claims
62.14 Grant or Denial of Claim by Tribal Council
62.15 Notice of Rejection of Claim
62.16 Mailing or Service of Notice
62.17 Re-Examination of Rejected Claim
62.18 Tribal Court Authority
62.19 Exhaustion of Administrative Remedies
62.20 Limitation of Actions
62.21 Statute of Limitation
62.22 Attorneys' Fees and Punitive Damages
62.23 Limitation on Attorneys' Fees
62.24 Award Limited to Policy Limits
62.25 Appeals
62.26 Severability
62.27 Sovereign Immunity
62.28 Effective Date, Amendment
Title 63 - Criminal History
63.1 Short Title
63.2 Purpose
63.3 Scope
63.4 Definitions
63.5 Application of California Penal Code 11140
63.6 Violation of Ordinance
63.7 Tribal Court Authority
63.8 Criminal Prosecution
63.9 Effective Date, Amendment
63.10 Severability
63.11 Sovereign Immunity
Title 64 - Off Res Envirol Impact
64.1 Short Title
64.2 Scope
64.3 Purpose
64.4 Definitions
64.5 Notice to Public
64.6 Determining Significant Environmental Impact
64.7 Preparation of Environmental Impact Report
64.8 Consultation with Board of Supervisors
64.9 Public Hearing
64.10 Progress Update
64.11 Mitigation of Significant Adverse Off-Reservation Impacts
64.12 Review of Ordinance with State
64.13 Tribal Court Jurisdiction
64.13(2) Effective Date, Amendment
64.14 Severability
64.15 Sovereign Immunity
Title 65 - Gaming Facility Standard
65.1 Short Title
65.2 Scope
65.3 Purpose
65.4 Definitions
65.5 Food and Beverage Handling
65.6 Water Quality Standards
65.7 Building & Safety Code Standards
65.8 Workplace and Occupational Health & Safety Standards
65.9 Health & Safety Standards
65.10 Indian Preference
65.11 Check Cashing
65.12 Alcoholic Beverages
65.13 Extension of Credit
65.14 Bank Secrecy Act
65.15 Possession of Firearms
65.16 Severability
65.17 Sovereign Immunity
65.18 Effective Date, Amendment
Title 66 - Prevailing Wage
Section 1. Title
Section 2. Definitions
Section 3. Payment of Prevailing Wages Required
Section 4. Determination of Tribal Prevailing Wage
4.01 Tribe to Conduct age Survey
4.02 Delegation of Authority
Section 5. Employer Requirements
5.01 Payment of Prevailing Wages and Access to Records
5.02 Schedule to be Provided
5.03 Post of Wage Schedules
Section 6. Tribal Court Action and Remedies
6.01 Agreements and Penalties
6.02 Tribal Court Action
6.03 Limitation of Actions
Section 7. Sovereign Immunity
Title 67 - Info Disclosure Act
Section 1. Short Title
Section 2. Purposes
Section 3. Access to Tribal Records
3.1 Application
3.2 Tribal Records and Disclosure
3.3 Exemptions from Disclosure
Section 4. Request Procedures
4.1 Establishment of Record Keeping System
4.2 Addressing Requests for Information
4.3 Availability of Information - Inspection, Copying, and Exceptions
4.4 Charges for Search and Production
Title 68 - Animal Control
I. Purpose and Declaration of Policy
II. Authority
III. Jurisdiction and Application
IV. Liveral Construction
V. Severability
VI. Definitions
VII. Administration and Enforcement
1. Tribal Law Enforcement
2. Delegation of Authority
3. Development of Policies and Regulations
VIII. General Prohibitions
1. General Prohibitions
2. Animals Running at Large
3. Mandatory Leashing
4. Disturbances and Harassment
5. Harassing or Attacks on Livestock and Domestic Animals
6. Animal Killing or Injuring Animals or Livestock
7. Directing Animals
8. Animals in Vehicles
9. Diseased Animals
10. Abandonment
11. Limitation on Number of Animals Allowed
12. Cruelty to Animals
13. Prohibition of keeping wild animals or other animals prohibited under applicable federal law.
IX. Impoundment
1. Small Animal Pound Authorized
2. Animal Control Officer
3. Pound Employees
4. Right of Entry
5. Interference with the Animal Control Officer
6. Impounding Duties
7. Notice of Impoundment
8. Reclaiming Animals
9. Abandonment of Animals
10. Notice of Sale; Sale of Animals
11. Disposition of Unredeemed or Infected Animals
12. Proceeds from Sale
13. Impounding Fees
X. Registration of Dogs, Cats, and Kennels
1. Registration Required, Exceptions
2. Registration Fees
3. Registration Period
4. Vaccination; Certificate
5. License Tags or Implants
6. Registration Records
7. Kennels
XI. Rabies Control
1. Rabid Animals at Large
2. Suspicion of Rabies
3. Quarantine of Animals
4. Disposition of Rabid Animals
5. Transporting of Animals to or from Rabies Areas
XIV. Vicious Dogs
1. Requirement of Physical Restraint
2. Registration, Identification, and Insurance of Vicious Dog
3. Declaration of Vicious Dog
4. Written Notice
5. Violation
6. Enforcement
XV. Citations for Violators of this Ordinance
1. Violations Not Involving Physical Harm to Humans
2. Violations Involving Physical Harm to Humans
3. Repeat Offenders, Prohibition of Owning Animals
4. Administrative Appeal of Citations, Appeal to Tribal Court, No Further Appeals
XVI. Liability of Owners, Private Cause of Action
XVII. Sovereign Immunity
AVIII. Other Applicable Laws
Title 69 - For Profit Land Enterprise Code
69.0 Short Title
69.1 Purposes
69.2 Scope of Title, Incorporator, Only One Enterprise per Parcel
69.3 Land Owner Responsibilities
69.4 Standard of Construction - Asset owner Delegation of Management Responsibilities
69.5 Share Issuance and Exchanges - Authority, Limitations and Values
69.6 Limitation of Relinquishing Shares for Title Interest in Allotments
69.7 Duration and General Powers of a Land Ownership Enterprise
69.8 Defense of Ultra Vires
69.9 Articles of Incorporation
69.10 Filing of Articles of Incorporation
69.11 Effect of Filing the Articles of Incorporation
69.12 Interim Operating Bylaws of the Enterprise
69.13 Organization Meeting of Directors
69.14 Shares, Shareholders and Distributions
69.15 Authorized Shares
69.16 Certificates Representing Shares
69.17 Subscription for Shares
69.18 Determination of Price -- Payment for Shares
69.19 Expenses of Organization, Reorganization and Financing
69.20 Shareholder's Liability -- Consideration for Shares
69.21 Stated Capital; Determination of Amount of Non-Ownership Shares
69.22 Payment of Deficits Out of Capital Surplus or Earned Surplus
69.23 Insolvent Enterprise Prohibited from Purchasing Own Shares
69.24 Offer of Sell Shares
69.25 Notice of Transfer Restrictions on Issued Shares
69.26 Transfer of Shares in Breach of Transfer Restrictions
69.27 Sale of Assets
69.28 Election Not to Have a Board of Directors
69.29 Agreements Among Shareholders
69.30 Shareholders' Right to Inspect Records
69.31 Annual Meeting
69.32 Special Meetings of Shareholders
69.33 Notice of Shareholders Meeting
69.34 Shareholder Distribution Options at Death
69.35 Actions by Shareholders of Close Enterprises
69.36 Limited Liability
Directors and Officers
69.37 Duties of Board of Directors
69.38 Qualifications of Directors
69.39 Terms of Directors
69.40 Removal of Directors by Shareholders
69.41 Removal of Directors by Judicial Proceeding
69.42 Meetings
69.43 Action Without Meeting
69.44 Notice of Meeting
69.45 Waiver of Notice
69.46 Quorum and Voting
69.47 General Standards for Directors
69.48 Director Conflict of Interest
69.49 Liability for Unlawful Distributions
69.50 Officers
69.51 Standards of Conduct for Officers
69.52 Resignation and Removal of Officers
69.53 Indemnification of Corporate Agents
69.54 Mandatory Indemnification
69.55 Insurance
Amendment of Articles of Incorporation
69.56 Resolution of Proposed Amendment
69.57 Notice of Proposed Amendment
69.58 Vote of Shareholders Meeting
69.59 Classes of Shares Encoded to Vote
69.60 Articles of Amendment
Dissolution
69.61 Dissolution By Board of Directors and Shareholders
69.62 Shareholder Option To Dissolve The Enterprise
69.63 Articles of Dissolution
69.64 Effect of Dissolution
69.65 Known Claims Against Dissolved Enterprise
69.66 Unknown Claims Against Dissolved Enterprise
69.67 Grounds For Administrative Dissolution
69.68 Procedure For and Effect of Administrative Dissolution
69.69 Grounds For Judicial Dissolution
69.70 Procedure for Judicial Dissolution
69.71 Decree of Dissolution
69.72 Deposit With Tribal Government
69.73 Severability
Certification
Title 70 - Non-Profit Land Organization Code
70.1 Scope of Title
70.2 Land Owner Responsibilities, Standard of Construction
70.3. Definition of Terms
70.4 Purposes and Powers of Land Organization Non-Profit Corporations
70.5 Limitations
70.6 Incorporator Eligibility/Registered Agent
70.7 Defense of Ultra
70.8 Articles Of Incorporation
70.9 Filing of Articles of Incorporation
70.10 Effect of Filing the Articles of Incorporation -- Certificate of Incorporation
70.11 Organization Meeting of Directors
70.12 Admission of Members
70.13 Differences in Rights and Obligations of Members
70.14 Transfers
70.15 Resignation
70.16 Termination
70.17 Purchase of Members
70.18 Annual Meeting of Members
70.19 Special Meetings of Members
70.20 Notice of Members' Meetings.
70.21 Waiver of Notice
70.22 Action by Written Ballot.
70.23 Voting Rights of Members in General
70.24 Inspection of Corporate Records
70.25 Limitations on use of Membership
Directors and Officers
70.26. Duties of Board of Directors
70.27. Qualifications of Directors
70.28 Terms of Directors
70.29. Removal of Elected Directors
70.30. Removal of Designated or Appointed Directors
70.31. Removal of Directors by Judicial Proceed
70.32. Vacancy on Board.
70.33. Meetings
70.34. Action Without Meeting
70.35. Notice of Meeting
70.36. Waiver of Notice
70.37. Quorum and Voting
70.38. General Standards for Directors
70.39. Director Conflict of Interest
70.40. Liability for Unlawful Activities
70.41. Officers
70.42. Standards of Conduct for Officers
70.43. Resignation and Removal of Officers
70.44. Indemnification of Corporate Agents
70.45. Mandatory Indemnification
70.46. Advance for Expenses
70.47. Court-Ordered Indemnification
70.48. Determination and Authorization of Indemnification
70.49. Insurance
Amendment of Articles of Incorporation
70.50. Amendments to Bylaws and Articles of Corporations Without Members
70.51. Amendments to Bylaws and Articles of Corporations With Members
70.52. Approval by Third Persons
70.53. Articles of Amendment
Dissolution
70.54. Dissolution of Corporations Without Members
70.55. Voting on Dissolution by Directors and Members
70.56. Distributions by Corporations
70.57. Articles of Dissolution
70.58. Effect of Dissolution
70.59 Known Claims Against Dissolved Corporation
70.60 Unknown Claims Against Dissolved Corporation
70.61 Grounds for Administrative Dissolution
70.62. Procedure for and Effect of Administrative Dissolution
70.63. Grounds for Judicial Dissolution
70.64. Procedure for Judicial Dissolution
70.65. Receivership or Custodianship
74.66. Decree of Dissolution
70.67. Deposit With Tribal Treasurer
70.68. Severability
Certification
[Table of Contents created by NILL in February 2017, based on materials available on tribe's website.]