Mashantucket Pequot Tribal Code
Table of Contents Updated: August 2015
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.
2008 Tribal Laws (Titles 1 -23)
2008 Tribal Laws (Titles 24 - 33 and Rules of Court)
2010-2011 Pocket Part to 2008 Tribal Laws
2012-2014 Supplement to Mashantucket Pequot Tribal Laws
2015 Supplement to Mashantucket Pequot Tribal Laws
Table of Contents
2008 Tribal Laws (Titles 1 -23)
TITLE 1. JUDICIARY
CHAPTER 1. MASHANTUCKET PEQUOT TRIBAL COURT
1. Mashantucket Pequot Tribal Court
2. Jurisdiction
3. Court of Appeals
4. Decisions
CHAPTER 2. COURT ADMINISTRATION
1. Judges
2. Chief Judge
3. Admission to Practice
CHAPTER 3. OFFICE OF THE PROSECUTOR
1. Definitions
CHAPTER 4. PEACEMAKERS COUNCIL
1. Purpose and Scope of Jurisdiction
2. Definitions
3. Policy
4. Selection/Nomination Process
5. Removal
6. Confidentiality
7. Quorum
8. Procedure to File a Mediation
9. Assignment of Peacemakers
10. Peacemaking Mediation Process
11. Success of Peacemaking Mediation Process
12. Failure of the Peacemakers Mediation Process
13. Procedure to File an Employee Grievance
14. Procedures to File a Tribal Member Grievance
15. Resolution of Grievances.
16. Powers of Peacemakers
17. Protection of Peacemakers
18. Penalties
19. Severability
20. Effective Date
TITLE 2. CRIMINAL LAW
CHAPTER 1. TRIBAL CRIMINAL RULES AND PROCEDURES
1. Rules and Procedures
2. Definitions
3. Juvenile Offenders
4. Contempt Powers
5. Procedure and Evidence; Neetskehheau-Pomushaonk Program
6. Complaints
7. Authority to Issue Arrest Warrants and Summonses
8. Procedures for the Issuance of Arrest
9. Identification Procedures Upon Issuance of Summons
10. Summonses in Minor Offenses
11. Failure of Defendant to Appear after Summons
12. Arrest Warrants and Summons/Form and Content
13. Execution of Arrest Warrants
14. Authority and Procedures to Arrest without a Warrant
15. Arrest or Detention of Non-Indians
16. Arraignment
17. Search and Seizure Warrants - Authority
18. Search and Seizure Warrants - Procedure and Execution
19. Sealing and Confidentiality
20. Discovery
21. Trial by Jury or by the Court
22. Trial by Jury Procedure
23. Right to Attorney
24. Bail and Release
25. Probation
26. Subpoenas and Service of Papers
27. Sentences
28. Appeals
29. Attachment Prohibition
30. Severability
31. Miscellaneous
32. Designation of Minor Matters
CHAPTER 2. OFFENSES AGAINST THE TRIBE LAW AND ORDER CODE
1. Offenses Against the Tribe
2. Tribal Police Department
3. Power of Police Officers
4. Chief of Police
5. Other Powers
6. Limited Immunity and Indemnification of Tribal Law Enforcement Officers
CHAPTER 3. ELDERS PROTECTION
1. Jurisdiction
2. Role of Tribal Elders
3. Protection from Intimidation
4. Prohibition Against Jury Tampering
5. Penalties
CHAPTER 4. TRIBAL GOVERNMENT PROTECTION
1. Protection of Tribal Council
2. Prohibition on the Assault or Intimidation of Officers of the Tribal Government
CHAPTER 5. CHILD NEGLECT AND ABUSE REPORTING ENACTMENT OF THE CHILD PROTECTION AND FAMILY PRESERVATION LAW
1. Mandated Reporters and Penalties
2. Definitions
3. Immunity of Liability for Good Faith Reporting
CHAPTER 6. PRE-TRIAL INTERVENTION PROGRAM
1. Policies
2. Tribal PTI Commission
3. Pre-trial Intervention Program
CHAPTER 7. TRIBAL PRE-TRIAL INTERVENTION PROGRAM GUIDELINES
Guideline 1. Eligibility
Guideline 2. Application Criteria
Guideline 3. Plea
Guideline 4. Confidentiality
Guideline 5. Application Procedures
Guideline 6. PTI Decisions
Guideline 7. Appeals
Guideline 8. Termination of PTI Program
Guideline 9. Guideline Compliance; Confidentiality
TITLE 3. GAMING
CHAPTER 1. GAMING LAW
1. Statement of Policy
2. Definitions
3. Adoption of Compact
4. Authorization for Gaming Activities
5. Compliance with the Act
6. Penalties
7. Tribal Gaming Commission
8. Standards of Operation and Management
9. Prohibited Acts
10. Prior Laws Repealed
TITLE 4. TORT CLAIMS (GAMING ENTERPRISE)
CHAPTER 1.
1. Definitions
2. Effective Date of Amendments
3. Jurisdiction over Tort Claims and Waiver of Sovereign Immunity from Suit
4. Awards
5. Limitation on Presentation of Claim
6. Attachment Prohibition
7. Miscellaneous
TITLE 5. CHILD WELFARE
CHAPTER 1. CHILD PROTECTION AND FAMILY PRESERVATION LAW
1. Findings and Policy
2. Supervision over Welfare of Children
3. Family Court
CHAPTER 2. DEFINITIONS
Chapter 2. Definitions
CHAPTER 3. REPORTING OF CHILD NEGLECT AND ABUSE
1. Notification of Child Abuse Reports
2. Interviews and Examinations
3. Emergency Removal
4. Procedures for Removal
5. Hearing
6. Court Findings
7. Review of Placement and Supervision
8. Placement Preferences
9. Emergency Authorization of Medical Treatment
10. Character Investigations
11. Confidentiality
12. Central Registry
13. Records
14. Modification, Revocation or Extension of Court Orders
15. Appeals
CHAPTER 4. GUARDIANSHIP
1. Appointment of Guardians
2. Guardianship Petition
3. Appointment of Guardian Ad Litem for Minor or Incompetent Parent
4. Consent to Guardianship
5. Hearing
6. Conduct of Hearing; Investigation and Report; Grounds for Termination
7. Findings and Orders
8. Termination of the Guardianship
9. Guardian of the Property
10. Review of Guardianship
CHAPTER 5. TERMINATION OF PARENTAL RIGHTS
1. Purpose
2. Appointment of Guardian Ad Litem for Minor or Incompetent Parent
3. Petition to Terminate Parental Rights
4. Consent to Termination
5. Hearing
6. Conduct of Hearing; Investigation and Report; Grounds for Termination
7. Findings and Orders
8. Child's Continued Right to Benefits
9. Custody after Relinquishment or Termination Order
10. Review of Placement
CHAPTER 6. FOSTER HOME LICENSING PROCEDURES
1. Foster Care Inspector
2. Foster Home Requirements
3. The Foster Family
4. Investigation
5. The Foster Child
CHAPTER 7. ADOPTION
1. Open Adoptions
2. Purpose
3. Availability for Adoption
4. Who may File an Adoption Petition
5. Placement Preferences
6. Traditional Custodians and Grandparents Rights
7. Content of Adoption Petition
8. Notice
9. Home Studies
10. Hearing Procedures
11. Adoption Decree
12. Intervention
TITLE 6. FAMILY RELATIONS
CHAPTER 1. PURPOSE AND DEFINITION
1. Purpose and Definitions
2. Jurisdiction over Family Relations
3. Investigations
4. Records and Hearing
CHAPTER 2. RESTRAINING ORDERS
1. Relief from Abuse by Family or Household Member
2. Court Orders, Duration
3. Extension of an Order
4. Service
5. Contempt and Violation
CHAPTER 3. MARRIAGES
1. Governing Law
2. Authority to Perform Marriages
3. Marriage License Required
4. Requirements for Issuance of Marriage License
5. Marriage Certificate
6. Recognition of Marriages Performed off the Reservation
7. Validation of Marriages Performed
CHAPTER 4. DISSOLUTION OF MARRIAGE AND ANNULMENT
1. Jurisdiction
2. Grounds for Dissolution of Marriage or Annulment
3. Service and Filing of Complaint
4. Rules of Procedure
5. Private Hearing
6. Stipulation of Parties and Finding of Irretrievable Breakdown
7. Conciliation Period
8. Waiting Period
9. Legal Counsel for Minor Children
10. Orders Regarding Custody and Care of Minor Children
11. Joint Custody
12. Non-Parent Custody
13. Visitation Rights
14. Orders Regarding Children and Support in Annulment Cases
15. Payment of Attorney's Fees
16. Restoration of Former Name
17. Review of Agreements; Incorporation into Decree
18. Effect of Decree
19. Notice of Court Decrees
CHAPTER 5. SUPPORT OF CHILD AND SPOUSE
1. Support and use of Family Home Pending Decree
2. Assignment of Property
3. Alimony
4. Parents' Obligation for Support of Minor Child
5. Modification of Alimony or Support Orders and Judgments
6. Contempt Orders
CHAPTER 6. PATERNITY PROCEEDINGS
1. Determination of Paternity and Support
2. Proceedings
3. Blood Tests
4. Presumption of Paternity
5. Judgment and Order of the Court
6. Acknowledgment of Paternity
7. Agreement to Support
8. Registration and Enforcement of Foreign Paternity Judgments
CHAPTER 7. EMANCIPATION
1. Petition and Summons
2. Hearing
3. Conduct of Hearing; Investigation and Report
4. Order and Effect of Emancipation
CHAPTER 8. RECOGNITION AND ENFORCEMENT OF FOREIGN SUPPORT ORDERS
1. Definitions
2. Recognition of Foreign Support Orders
3. Employer/Payer's Compliance
4. Maximum Amount of Withholding. Time Periods. Priority of Multiple Orders
5. Immunity from Liability
6. Contest by Obligor
7. Fees and Costs
CHAPTER 9. CHANGE OF NAME
1. Authority to Grant Change of Name
2. Change of Name by Minor Child
3. Petition for Change of Name
4. Giving Public Notice
5. Decision on the Petition
CHAPTER 10. MISCELLANEOUS
1. Forms
2. Appeals
3. Application of Law
TITLE 7. TRAFFIC SAFETY CODE
CHAPTER 1. VEHICLE AND TRAFFIC LAW
1. Definitions
2. Motor Vehicle Registration Number and Certificate
3. Presentation of Insurance Identification Card or Policy and Statement that Minimum Security will be Continuously Maintained Required. Investigation of Violations
4. Provisions Inapplicable to Certain Vehicles
5. Cancelled Registrations. Availability. Stop and Detain Procedures, when. Removal of Plates. Fees
6. Registration Certificate and Insurance Identification Card to be Carried in Vehicle
7. Display of Number Plates and Stickers. Return of Number Plates to Commissioner
CHAPTER 2. OPERATORS' LICENSES
1. Motor Vehicle Operator's License. Learner's Permit. Limited License. Requirements. Penalty
2. Classification of Operator's License
3. Operation of Motor Vehicle Owned by Resident of Foreign Country
CHAPTER 3. EQUIPMENT
1. Mechanical Equipment
2. Maximum Noise Levels
3. Ball Joints and Tie Rod Ends. Prohibition on Certain Installations and Attachments to Ball Joint and Tie Rod Ends
4. Brake Equipment of Motor Vehicles
5. Brake Equipment of Motorcycles
6. Brake Equipment of Trailers
7. Hydraulic Brake Fluid
8. Restrictions on Used Brake Drums
9. Free Wheeling Devices
10. Lighted Lamps and Illuminating Devices Required, When
11. Head Lamps
12. Tail Lamps. Illumination of Rear Registration Plate
13. Reflectors
14. Stop Lamps. Turn Signals
15. Special Requirements for Buses, Trucks, Trailers, Truck Tractors
16. Colors of Lamps and Reflectors. Reflective Sheeting on Certain Vehicles
17. Mounting of Reflectors and Clearance Lamps
18. Visibility of Reflectors and Clearance, Identification and Side Marker Lamps
19. Vehicles Operated in Combination
20. Projecting Loads. Carrying of Animals
21. Sufficiency of Head and Rear Lights. Parked Vehicles
22. General Lighting Requirements
23. Spot Lamps. Fog Lamps. Auxiliary Passing Lamps. Auxiliary Driving Lamps
24. Color of Lights. Flashing or Revolving White Lights. Authorized Use of Blue or Green Lights. Flashing White Head Lamps
25. Special Restrictions on Lamps. Flashing Lights
26. Color of Top Lamps. Turn Signal Lamps
27. Fender, Running-board, Backup and Identification Lamps
28. Multiple-beam Road-lighting Equipment
29. Use of Multiple-Beam Road-Lighting Equipment
30. Single-Beam Road-Lighting Equipment
31. Distance Forward Lights to Illuminate
32. Head Lamp of Motorcycle
33. Number of Head Lamps. Number in Combination with Other Lamps
34. Intensity of Certain Lamps. Location of Red Light
35. Standards and Specifications for Lamps for Snow-Removal and Highway Maintenance Equipment
36. Regulation of Hazardous Lighting Equipment
37. Reserved
38. Emergency Lighting or Reflecting Devices on Motor Vehicles Used to Transport Passengers for Hire and Motor Vehicles with Commercial Registration
39. Tires
40. Tires to be in Safe Operating Condition
41. Mirror. Motor Vehicles with Commercial Registration to Allow others to Pass
42. Windshield. Obstruction of View
43. Definitions. Tinted or Reflectorized Windows. Obstruction of View Prohibited. Exceptions. Stickers Required. Penalty. Window Tinting Businesses. Regulations
44. Seat Safety Belts. Child Restraint Systems
45. Air Pollution Control Devices Required on Certain Passenger Motor Vehicles
46. Turn Signals
47. View In and Exits from Motor Vehicles used to Transport Passengers for Hire
48. Vehicles using any Pressurized Gas as Fuel. Regulations. Class C Misdemeanor
49. Headerboards Required on Commercial Van-Type Motor Vehicles
CHAPTER 4. JURISDICTION AND PROCEDURE
1. Liability of Owner, Operator, Lessee. Implied Consent
2. Tickets, Summonses and Fine Schedule. Form, Special Parking Permits
3. Uniform Investigation of Accident Report
4. Suspension or Revocation of Privilege to Operate
5. Possession of Controlled Substances or Alcoholic Liquors in Motor Vehicles
6. Suspension of Privilege to Operate Following Conviction for Speeding
7. Impounded and Immobilized Motor Vehicles
8. Violation of Prohibition to Operate Motor Vehicle
CHAPTER 5. GENERAL PROVISIONS
1. Towing or Removal of Motor Vehicle from Private or Tribal Property
2. Express Instruction of Property Owner or Lessee Required for Towing or Removal of Motor Vehicle. Rebate Prohibited
3. Storage and Release of Towed Motor Vehicles
4. Liability of Property Owner or Lessee for Improper Towing or Removal of Motor Vehicle
5. Objects Not to be Thrown at Motor Vehicles
6. Improper Use of Marker, Registration, License or Parking Pass
7. Theft of Number Plate or Insert
8. Abandoned Markers
9. Discovery of Vehicle Reported as Stolen
10. Abandoned or Unregistered Motor Vehicles and Motor Vehicles which are a Menace to Traffic. Notice. Removal. Storage. Hearing. Lien. Sale.
11. Refund of Money Paid to Tribal Court
12. Driving on Ice
CHAPTER 6. MOTOR VEHICLE ANTITHEFT ACT
1. Definitions
2. Penalties
3. Report of Stolen, Recovered, Unclaimed or Abandoned Vehicle
4. False Report
5. Impeachment of Credibility of Defendant
CHAPTER 7. VEHICLE HIGHWAY USE
1. Definitions
2. Fines Doubled for Moving Motor Vehicle Violations Committed within Highway Construction Zones. Signs
3. Operation Without Carrying Operator's License
4. Operation Prohibited when Insurance Coverage Fails to Meet Minimum Requirements. Penalty
5. Instruction of Person who Holds a Motor Vehicle Learner's Permit
6. Operation while Registration or License is Suspended or Revoked
7. Operation by Persons under Eighteen without Insurance
8. Operator to give Name and Address and Show or Surrender License, Registration and Insurance Identification Card when Requested
9. Traveling Unreasonably Fast
10. Speeding
11. Use of Speed Monitoring Devices to Support a Conviction
12. Slow Speed
13. Reckless Driving
14. Negligent Homicide with a Motor Vehicle
15. Failure to Bring Motor Vehicle to Full Stop when Signaled. Disregard of Signal. Penalty.
16. Evasion of Responsibility in Operation of Motor Vehicles. Racing. Required Removal of Motor Vehicle from Traveled Portion of Highway
17. Evading Responsibility in Operation of Other Vehicles
18. Operator to Report Injury to Dog
19. Operation While under the Influence of Liquor or Drugs or while Impaired by Liquor
20. Implied Consent to Test. Suspension of Right to Operate for Refusing to Submit to Test or Having Elevated Blood Alcohol Content. Hearing
21. Alcohol and Drug Addiction Treatment Program. Waiver. Appeal. Regulations
22. Suspension of Motor Vehicle Operating Privilege of Person under Twenty-One when Blood Alcohol Content Exceeds Two-Hundredths of 1%. Notice. Hearing
23. Leaving Motor Vehicle without Setting Brake
24. Driving in Right-Hand Lane
25. Vehicles in Opposite Directions to Pass on Right
26. Passing
27. Passing on Right
28. Determination of No-Passing Zones
29. Vehicle not to be Driven on Left Side of Highway on Curve or Upgrade
30. One-Way Streets
31. Vehicles to be Driven Reasonable Distance Apart
32. Vehicles to be Driven Reasonable Distance Apart. Intent to Harass or Intimidate
33. Turns
34. Turns Restricted. Signals to be Given. Stopping. U-turns. Left Turns
35. Starting or Backing Vehicle
36. Signals
37. Intersection. Right-of-Way
38. Right-of-Way at Junction of Highways
39. Right of Way at Driveway or Private Road
40. Right-of-Way Yielded by One Emerging from Alley, Driveway or Building
41. Vehicles Prohibited on Sidewalks
42. Parking Vehicles
43. Parking so as to Obstruct Driveway
44. Special License Plates and Removable Windshield Placards for Tribal Elders, Disabled Veterans, Blind Persons and Persons with Disabilities which Limit or Impair the Ability to Walk. Parking Spaces. Penalty.
45. Crowded Seats. Riders on Outside of Vehicle. Aisle Seats
46. Towing and Pushing of Vehicles. Double Trailers and Semitrailers
47. Regulation of Commercial Vehicle Combinations
48. Width and Length of Vehicles. Exceptions. Permits.
49. Securing of Loads
50. Carrying of Children in Pick-Up Trucks or Open-Bed Vehicles. Restrictions
51. Operation of Motor Vehicles Requiring a Passenger Endorsement or Passenger and School Endorsement
52. Equipment and Color of School Buses
53. Use of Standard School Bus Required, when. Use of Mass Transportation Permitted, when. Use of Certain Motor Vehicles Prohibited
54. Reserved
55. Operator's Duties on Stopping Bus
56. Hours of Operation. Placement of Seats. No Extra Exemption or Authority for Operators
57. Vehicles to Stop for School Bus. Penalties. Written Warning or Summons
58. Speed of School Buses. Display of Head Lamps
59. Summons Issued to Holder of License Endorsement while Operating School Bus or Student Transportation Vehicle; Copy to be Sent to Employer and Local Board of Education; Notification of Disposition of
60. Report of Serious Accidents Involving School Buses or Student Transportation Vehicles
61. Duties of Operators of Student Transportation Vehicles, Re: Receipt or Discharge of School; Children
62. Rights of Emergency Vehicles
63. Pursuit Defined. Policy for Handling High-Speed Chases to be Adopted
64. Use of Restricted Highway by Hired Vehicles
65. Use of Mirrors by Vehicles other than Motor Vehicles
66. Use of Bicycles and Bicycles with Helper Motors. Regulations re: Bicycles on Bridges. Use of High-Mileage Vehicles
67. Rights, Duties and Regulation of Cyclists
68. Operation of Bicycles; Attaching to Moving Vehicle Prohibited; Carrying of Passengers, Packages, Bundles and Other Articles Restricted; at least One Hand to be kept on Handle Bars. Operators of Roller Skates, Sleds, Skateboards, Coasters and Toy Vehicles Prohibited from Attaching to Moving Vehicle. Penalty
69. Left and Right Turns
70. Bicycle Helmets. Children. Renting Bicycles
71. Tribal Police Officers on Bicycles
72. Lights, Reflectors and Brakes on Bicycles. Whistle Emitting Devices Prohibited
73. Regulation of Use of Bicycles by Public Safety Committee
74. Riding on Motorcycle. Carrying of Passenger
75. Operation of Motorcycles
76. Riding Motorcycle Sidesaddle; Carrying of Passenger on Motorcycle not so Designed
77. Vision-Protecting Devices for Motorcyclists
78. Liability Insurance Required for Motorcycles
79. Protective Headgear for Motorcyclists and Passengers under 18 years old. Regulations. Penalty
80. Exemptions from Motor Vehicle Laws
81. Traffic Regulations for Special Occasions
82. Marking of Vehicle Operated by Student Driver
83. Riding Animals on Tribal Highways
84. Responsibilities of Motor Vehicle Operators when Approaching Equestrians
85. Double or Treble Damages for Persons Injured as a Result of Certain Traffic Violations
86. House Trailer not to be Occupied When on Tribal Highway
87. Following or Parking near Fire Apparatus, Driving over Hose Prohibited
CHAPTER 8. TRAFFIC CONTROL AND HIGHWAY SAFETY
1. Definitions
2. Traffic Control Signals. Right Turn on Red
3. Crosswalks. Pedestrian-Control Signals. Regulation of Pedestrians and Motor Vehicles at Crosswalks
4. Pedestrian Street Markings Near Housing Projects for Elderly Persons
5. Pedestrian Use of Crosswalks and Roadways
6. Pedestrian use of Roads and Sidewalks. Required to Yield to Emergency Vehicle
7. Operator of a Vehicle Required to Exercise Due Care to Avoid Pedestrian
8. Pedestrians Walking on Tribal Highways. Prohibition
9. Through Ways. Stop Signs
10. "Yield" Signs
11. Designation of One-Way Streets/Travel Lanes
12. Safety Zones
13. Bus Stops and Public Service Motor Vehicle Stands
14. Taxi Stands in Front of Hotels
15. Parking Restrictions
16. Loading and Unloading
17. Traffic Safety Measures and Control Devices; Approval of Public Safety Committee
18. Fraudulent or Obstructive Signs and Signals
19. Traffic Controls for Certain Parking Areas and Commercial Establishments
20. Regulations
21. Appeal
22. Injury to or Removal of Traffic Control Devices, Signs or Lights
23. Erection of Signs to Warn Operators of Presence of Deaf Persons
CHAPTER 9. SNOWMOBILES AND ALL-TERRAIN VEHICLES
1. Definitions
2. Operation Prohibited without Valid Registration. Exceptions
3. Reserved
4. Enforcement. Failure to Stop Snowmobile or All-Terrain Vehicle Upon Request
5. Speed. Operating Under the Influence. Endangering Person or Property
6. Rules of Operation. Violations
7. Penalties. Liability
CHAPTER 10. MISCELLANEOUS
1. Repeal of Prior Law
2. Title
3. Application of Tribal Law
4. Severability
5. Adoption of Schedule of Fines
6. Effective Date
TITLE 8. EMPLOYMENT
CHAPTER 1. EMPLOYEE REVIEW CODE
1. Definitions
2. Jurisdiction
3. Filing an Action
4. Record before the Court
5. Assembly of the Record
6. Pre-Hearing Conference
7. Briefs
8. Hearing
9. Miscellaneous
10. Rulings
11. Appeal
12. Application of Law
13. Effective Date
TITLE 9. COMMERCIAL
CHAPTER 1. ADOPTION OF ARTICLE 9 OF UCC
1. Adoption of Provisions of the Uniform Commercial Code
2. Enforcement of Gaming Debts
3. Applicability of Other Laws
4. Applicability of this Law to Prior Transactions
CHAPTER 2. HOTEL AND INNKEEPERS LIABILITY
1. Loss of Valuables of Guests and Patrons
2. Loss of Other Property
3. Definitions
TITLE 10. ARBITRATION
CHAPTER 1
1. Scope of Law
2. Agreements to Arbitrate are Enforceable
3. Law to be Applied
4. Stay of Proceedings and Order to Proceed with Arbitration
5. Advice of the Court
6. Time within which Award Shall be Rendered
7. Application for Order Confirming Award; Record to be Filed with Clerk of Court; Effect and Enforcement of Judgment
8. Arbitration Award Not Appealable
9. Jurisdiction of the Tribal Court in Actions to which the Mashantucket Pequot Tribe is a Party. Qualifications of Judges
TITLE 11. JUVENILE [RESERVED]
TITLE 12. CIVIL ACTIONS
CHAPTER 1. CIVIL ACTIONS LAW
1. Tribal Forum
2. Tort Actions to which the Tribe is a Party
3. Contract Actions to which the Tribe is a Party
4. Limitations on Civil Actions
5. Miscellaneous
6. Application of Law
7. Amendments
8. Waiver of Tribal Sovereign Immunity for Off-Reservation Automobile Accidents
CHAPTER 2. FALSE CLAIMS ACT
1. Title
2. Definitions
3. False Claims
4. Investigation, Civil Action and Criminal Prosecution
5. Jurisdiction
6. Civil Penalties
7. Criminal Penalties
8. Reward
TITLE 13. WORKERS' COMPENSATION CODE
CHAPTER 1. MASHANTUCKET PEQUOT TRIBAL WORKERS' COMPENSATION COMMISSION
1. Definitions
2. Workers' Compensation Commission. Chief Commissioner and Commissioners. Appointment by the Mashantucket Pequot Tribal Council. Terms of Office. Removal.
3. Salary of Compensation Commissioners
4. Powers and Duties of Commissioners
5. Notice of Availability of Compensation; Regulations. Employer-sponsored Plan for Medical Care and Treatment
6. Booklet to be Distributed Explaining Code
7. Workers' Compensation Chief Commissioner. Powers and Duties. Budget. Report of Expenses
8. Successor Shall Complete Acts Upon Death or Incapacitation of Chief Commissioner or Commissioner
CHAPTER 2. BASIC RIGHTS, LIABILITIES AND REMEDIES
1. Jurisdiction. Waiver of Sovereign Immunity. Employer's Liability. Notice of Availability of Compensation.
2. Discharge or Discrimination Prohibited. Right of Action
3. Report of Injury to Employer
4. Notice of Claim for Compensation. Notice Contesting Liability
5. Medical and Surgical Aid; Hospital and Nursing Service
6. Employee's Option to Obtain Medical Care at Employee's Expense. Refusal of Employee to Accept or Obtain Reasonable Medical Care
7. Medical Examination of Injured Employee. Medical Reports
8. Waiting Period. When Compensation Begins. Penalty for Late Payment of Permanent Partial Disability Benefits
9. Voluntary Agreements
10. Discontinuance or Reduction of Payments under Oral Agreements
11. Hearing of Claims
12. Informal Hearings
13. Conduct of Hearings .
14. Payments under Group Medical Policy not Defense to Claim for Benefits. Health Insurer's Duty to Pay. Lien
15. Initial Liability of Last Employer. Reimbursement
16. Award as Judgment. Interest. Attorney's fee. Procedure on Discontinuance or Reduction
17. Enforcement of Order. Appeals to the Tribal Court. Payment of Award During Pendency of Appeal
18. Certification of Cases for the Mashantucket Pequot Tribal Court
19. Appeal of Decision of Tribal Court
20. Costs of Appeal. Interest Added to Award Affirmed on Appeal
21. No Right Against Fellow Employee; Exception
22. Action for Minors and Incompetents
23. Acknowledgment by Employees having Certain Physical Conditions
24. Manner of Serving Notices
CHAPTER 3. INSURANCE
1. Insurance Requirements for Persons Engaged in Business Activities on the Mashantucket Pequot Reservation, and Contractors on Tribal Projects and Renewals of Tribal Business Licenses
2. Provisions Required in Liability Insurance Policies
3. Additional Liability. Penalty for Undue Delay. Penalty for Noncompliance with Insurance Requirements. Penalty for Defrauding Workers' Compensation Insurance Carrier
4. Proceedings against Delinquent Insurance Companies or Employers
CHAPTER 4. ADMINISTRATION OF PAYMENT OF COMPENSATION, FINES AND PENALTIES
1. Disposition of Fines and Penalties
2. Civil Action to Recover Civil Penalties
3. Obligations not to be Evaded
4. Fraudulent Claim or Receipt of Benefits. Penalties
5. Principal Employer, Contractor and Subcontractor
6. Liability of Third Persons to Employer and Employee
7. Payment of Compensation. Commutation into Monthly, Quarterly or Lump Sums
8. Day when Compensation Payments become Due. Penalty for Late Payments
9. Death Resulting from Accident or Occupational Disease. Dependents. Compensation
10. Compensation for Total Incapacity
11. Benefits after Relapse from Recovery. Recurrent Injuries
12. Compensation for Partial Incapacity
13. Additional Benefits for Partial Permanent Disability
14. Determination of Average Weekly Wage of Injured Worker. Concurrent Employment. Publication of Wage Tables. Maximum Weekly Compensation
15. Average Weekly Wage of Worker with an Occupational Disease
16. Replacement of Artificial Aids
17. Compensation for Time Lost During and Expense of Medical Treatment. Reimbursement of Wages Lost Due to Appearance at Informal Hearing. Payments to Prevailing Claimants in Contested Cases. Medical Attention Outside Regular Work Hours
18. Transfer to Suitable Work During Period of Treatment or Rehabilitation or because of Physical Incapacity
19. Allowance for Advance Payments
20. Modification of Award or Voluntary Agreement
21. Exemption and Preference of Compensation
22. Award of Fees and Expenses
TITLE 14. LAND USE LAW
CHAPTER 1. DECLARATION OF PURPOSE AND POLICY
1. Goals and Jurisdiction
2. Policies
CHAPTER 2. DEFINITIONS
CHAPTER 3. LAND USE COMMISSION
1. Establishment
2. Authority
3. Composition of the Commission
4. Cooperation with Tribal Programs
CHAPTER 4. PRELIMINARY SCREENING AND APPROVAL PROCEDURE
1. Residential Use
2. Commercial Use
CHAPTER 5. PERMIT PROCESS AND PROCEDURE
1. Permit Required
2. Permit Application
3. Permit Application Fees
4. Permit Application Review
5. Permit Application Review Meeting
6. Commission Review and Decision Meeting
7. Bonding Requirements
8. Final Tribal Council Approval
CHAPTER 6. PERMIT CONDITIONS
1. Permit Terms and Conditions
2. Permit Modification
3. Permit Duration and Extension
CHAPTER 7. CERTIFICATE OF OCCUPANCY OR COMPLETION
1. Certificate Required
2. CO Application
CHAPTER 8. VARIANCE
1. Application
2. Criteria
CHAPTER 9. MONITORING
1. Authority to Inspect, Sample, Meter, Monitor
2. Records and Monitoring
3. Reporting Requirements
CHAPTER 10. ENFORCEMENT
1. Enforcement Authority of the Commission
2. Commission Orders
3. Cease and Desist Order
4. Show Cause Order
5. Consent Order
6. Fines
CHAPTER 11. APPEAL PROCESS AND PROCEDURE
1. Right to a Hearing with the Commission
2. Right to Appeal
3. Appeal Board
4. Record on Appeal
5. Appeal Hearing
CHAPTER 12. EFFECTIVE DATE AND APPLICATION
1. Effective upon Enactment of Tribal Council
2. Publication and Distribution of Tribal Land Use Regulations
3. Application to Existing Activities and Projects
CHAPTER 13. LAND USE REGULATORY STANDARD FOR NEW HOUSING PROJECTS
1. Interpretation of TOSHA Regulations
2. Orders and Fines - TOSHA
3. Appeal of any Order or Fine Issued by TOSHA Commissioner
4. Regulatory Interpretation of Building Codes
5. Order and Fines - Land Use Commission
6. Appeal of any Orders and Fines may be Appealed Issued by Land Use Commissioner
CHAPTER 14. NEW HOME WARRANTIES
1. Express Warranties
2. Implied Warranties
3. Vendor not to Evade by Intermediate Transfer
4. Warranties Created by Chapter Additional to any other Warranties
5. Implied Warranty with Certificate of Occupancy
CHAPTER 15. NEW HOME CONSTRUCTION CONTRACTORS
1. Definitions
2. Registration of Contractors Required. Application. Fees. Renewal
3. Revocation, Suspension or Refusal to Issue or Renew Registration
4. Holder to Exhibit and Advertise Certificate, When. Required Contract Provision. Written Disclosure Notice to Consumers. Prohibited Acts
5. Building and Construction Permits
6. Civil Penalties
CHAPTER 16. ZONING
1. Authority
2. Purpose of the Standards
3. Definitions
4. Zoning Map Defined; Authorized
5. Zoning District Use Regulations; Generally Approved Uses
6. Roads and Utilities
7. Project Design Review Standards
8. Residential Zone; Uses and Standards
9. Environmental Standards
10. Signs
11. Zoning Permit Required
12. Enforcement and Zoning Permit
13. Special Permit
14. Request for Relief
TITLE 15. M.P.T.L. ADMINISTRATION AND CLAIMS REVIEW OF TRIBALLY SPONSORED EMPLOYEE BENEFIT PLANS UNDER ERISA (TERISA)
1. Adoption of ERISA to Govern Tribally Sponsored Employee Benefit Plans
2. Jurisdiction
3. Plan Administration
4. Compliance with Federal Filings
5. Enforcement of TERISA Rights
6. Limitations on TERISA Actions
7. Effective Date
TITLE 16. GENERAL REVENUE AND TAXATION CODE
CHAPTER 1. ADMINISTRATION
1. Office of Revenue and Taxation
2. Records and Record Keeping
3. Collections and Remittance
CHAPTER 2. HOTEL OCCUPANCY
1. Definitions
2. Imposition and Rate of Tax
CHAPTER 3. FOOD AND BEVERAGE
1. Definitions
2. Imposition and Rate of Tax
CHAPTER 4. RETAIL
1. Definitions
2. Imposition and Rate of Tax
CHAPTER 5. ADMISSIONS
1. Definitions
2. Imposition and Rate of Tax
CHAPTER 6. REAL ESTATE HOME OWNERSHIP
1. Imposition and Rate of Tax
2. Effective Date
TITLE 17. MASHANTUCKET PEQUOT TRIBE LIQUOR CONTROL CODE
CHAPTER 1
1. Definitions; For the Interpretation of this Code, unless the Context Indicates a Different Meaning
2. Land Use Commission Enforcement
3. Inspections, Inquiries, Hearings
4. Nature and Duration of Permit. Renewals by Transferee or Purchaser of Permit Premises
5. Issuance of Permits
6. Temporary Permit for Outings, Picnics or Social Gatherings
7. Ninety-day Provisional Permit
8. Nonprofit Public Museum Permit
9. Charitable Organization Permit
10. Storage of Liquor. Approval of Facilities
11. Applications for Permits, Renewals. Fees. Publication, Remonstrance, Hearing
12. Second Application
13. Granting and Denial of Permits. Notice of Hearing
14. Mandatory Refusal of Permits to Certain Persons. Exceptions
15. Discretionary Refusal of Permit; Location or Character of Premises; Other Grounds
16. Discretionary Refusal of Permits; Disqualification of Applicant
17. Permit to Specify Location and Revocability. Removal to Another Location
18. Permit to be Recorded
19. Permit to be Hung in Plain View
20. Revocation or Suspension of Permits
21. Conviction of Permittee; Revocation or Suspension of Permit; Forfeiture
22. Revocation of Permit Obtained by Fraud
23. Offer in Compromise in Lieu of Suspension
24. Certificate of Revocation, Suspension or Reinstatement
25. Appeal
26. Substitution of Permittees. Fee
27. Consumer Bars
28. Unauthorized Sale Prohibited
29. Unsuitable Persons Prohibited from having Financial Interest in Permit Businesses; Employment of Minors
30. Sales to Minors, Intoxicated Persons and Drunkards. Exceptions
31. Statement from Purchaser as to Age
32. Inducing Minors to Procure Liquor. Exception
33. Operator's License as Proof of Age. Misrepresentation of Age to Procure Liquor
34. Procuring Liquor by Person Forbidden to Purchase or by False Statement, Public Possession of Liquor by Minors Prohibited. Exceptions
35. Loitering on Permit Premises
36. Hours and Days of Closing
37. Bottle Size. Prohibition against Sale of Certain Size
38. Containers to be Sealed
39. Gifts, Loans and Discounts Prohibited between Permittees. Tie-in Sales
40. Liquor Seller Liable for Damage by Intoxicated Person
41. Penalties
42. Recognition of State Permits and Licenses
TITLE 18. MANDATORY SCHOOL ATTENDANCE & TRUANCY
1. Mandatory School Attendance
2. Parental Responsibility
3. Applicability
4. Truancy Officer and Duties
5. Department of Education Policies and Procedures Concerning Mandatory School Attendance and Truancy
6. Notice of Truancy and Fines
7. Appeals
8. Failure to Comply
TITLE 19. ESCHEAT AND ABANDONED PROPERTY
CHAPTER 1. DEFINITIONS
1. Scope
2. Definitions
CHAPTER 2. ABANDONED PROPERTY
1. On the Gaming Enterprise Site
2. On the Mashantucket Pequot Reservation
3. Procedure if Unclaimed
CHAPTER 3. ESCHEAT OF ABANDONED FUNDS
1. Presumption of Abandonment
2. Duties of Holder of Abandoned Funds
3. Disposition of Funds Received by Treasurer
4. Claims for Abandoned Funds
TITLE 20. MASHANTUCKET PEQUOT CIVIL RIGHTS CODE
CHAPTER 1
1. Civil Rights
2. Jurisdiction and Waiver of Sovereign Immunity From Suit
3. Claims Against the Tribe
4. Miscellaneous
5. Application of Law
6. Repeal of Prior Law
TITLE 21. PUBLIC SAFETY CODE
CHAPTER 1. ANIMAL CONTROL LAW
1. Tribal Animal Control Officer
2. Dog and Cats to be Licensed - Fee and General Provisions
3. Tribal Clerk to Provide License and Tags
4. Barking and/or Howling Dogs
5. Leash Law
6. Animals Roaming at Large
7. Cruelty to Animals
8. Fighting Animals for Amusement or Gain
9. Complaints of Vicious Dogs
10. Quarantine of Biting Animals
11. Safety Provisions
CHAPTER 2. SECURITY GATE PROJECT
1.
TITLE 22. TRIBAL NOTICE LAW (RESERVED)
TITLE 23. FOREIGN JUDGMENTS, WAGE EXECUTIONS & SUBPOENAS
CHAPTER 1. RECOGNITION OF FOREIGN JUDGMENTS
1. Definitions
2. Filing of Foreign Judgment. Enforcement
3. Notification
4. Stay of Proceedings, Modifications, Hearings
5. Enforceability
CHAPTER 2. WAGE EXECUTIONS
1. Application
2. Installment Payment Order
3. Amount Subject to Levy
4. Issuance
5. Contents
6. Service
7. Expiration of Wage Execution
8. Employer Responsibilities
9. Modification
10. Assignment of Income
11. Other Attachment
CHAPTER 3. SUBPOENAS DIRECTED TO THE MASHANTUCKET PEQUOT TRIBAL NATION, ITS ENTITIES FOR APPEARANCE OR PRODUCTION OF DOCUMENTS
1. Issuance
2. Requirements
3. Service
4. Objection
5. Service upon Governmental Authority
6. Deposition
7. Testimony
2008 Tribal Laws (Titles 24 - 33 and Rules of Court)
TITLE 24. PROBATE LAW
CHAPTER 1. PROBATE COURT - ADMINISTRATIVE PROVISIONS
1. Name
2. Establishment of the Probate Court
3. General Index
4. Records
5. Certification of Records and Files
CHAPTER 2. PROBATE COURT - JURISDICTIONS, POWERS
1. General Powers
CHAPTER 3. PROBATE COURT - PROCEDURES
1. Entry Fees
2. Miscellaneous Costs
3. Payment of Costs, Fees and Expenses
4. Giving of Orders of Notice
5. Manner of Notice to be Fixed by Order of Court
6. Giving of Public Notice
7. Special Notice to be Given on Written Request
8. Reconsideration, Modification or Revocation of Order or Decree
9. Examination of Witnesses
10. Return of Compliance with Order of Court
11. Participation of the Health and Human Services Department in Proceedings
12. Appointment of Guardian Ad Litem for Minors and Incompetent, Undetermined and Unborn Persons
13. Examination of Incapable Party. Expense
14. Probate Bonds
15. Prohibition on Judges, Officers and Employees of Probate Court Acting as Sureties or Issuing Probate Bonds
16. Substitution of New Bond
17. Filing and Recording Bonds
18. Examination of Estate. Removal of Principal
19. Action on Probate Bond by Aggrieved Person
20. Enforcement of Judgment on Bond
21. Compromise and Settlement of Claims
22. Suit upon Claims. Time Limitation
23. Sale of Chose in Action and Other Property
24. Sale of Personal Property by Other than Fiduciary
25. When Probate Bond not Required
26. Jurisdiction of Accounts of Fiduciaries. Appointment of Auditor to Examine Accounts
27. Statement in Lieu of Account when Fiduciary is Sole Beneficiary
28. Periodic Rendering of Accounts; Hearing. Nature of Account. Exceptions.
29. Allowance of Interim Accounts. Notice and Hearing
30. Notice and Hearing on Final Accounts
31. Settlement of Account of Deceased Fiduciary
32. Appeals from Probate
33. Time of Taking Appeals
34. Time of Taking Appeals by Minors or Nonresidents
35. Amendment to Appeal
36. Interest of Appellant to be Stated
37. Order of Notice
38. Appellee to Give Bond
CHAPTER 4. FIDUCIARIES
1. "Fiduciary" Defined
2. Fiduciary Certificate Effective for one Year
3. When Payments by Fiduciaries Protected
4. Investment of Funds
5. Investments may be Maintained as Received
6. Fiduciary Powers Re: Increase in Capital Stock Assets of Estate
7. Definitions
9. Income. Principal. Charges
10. Right to Income. Apportionment of Income
11. Income Earned During Administration of Decedent's Estate
12. Corporate Distributions
13. Bond Premium and Discount
14. Business and Farming Operations
15. Disposition of Natural Resources
17. Other Property Subject to Depletion
18. Unproductive and Underproductive Property
19. Charges against Income and Principal
20. Construction of Statutes in this Part
21. Powers
22. Additional Powers
23. Short Title: Fiduciary Powers Act
24. Replacement of Fiduciary
25. Appeal from Removal of Fiduciary. Effect on Successor Fiduciary
26. Enforcement of Delivery of Estate to Successor
CHAPTER 5. WILLS: EXECUTION AND CONSTRUCTION
1. Who may Make a Will
2. Making and Execution of Wills. Wills Executed Outside Tribal Lands
3. Implied and Express Revocation of Wills
4. Devise or Bequest to Subscribing Witness
5. Reference to Document Creating Trust
6. Uniform Testamentary Additions to Trusts Act
7. Effect of Devise of all Real Property
8. Reference to Internal Revenue Code
9. Gift to Spouse; Reference to Federal Provisions Re: Estate Tax and Marital Deduction
10. Encumbrances on Property of Decedent or on Proceeds of Insurance Policy on Life of Decedent not Chargeable Against Assets
of Decedent's Estate
11. Bequest of Perishable Property for Life or Years
CHAPTER 6. DECEDENTS' ESTATES
1. Settlement of Small Estates without Probate of Will or Letters of Administration
2. Payment of Medical or Health Benefits
3. Applicability of Statutes
4. Custodian of Will to Deliver it after Testator's death. Penalty.
5. Executor to Exhibit Will for Probate. Penalty for Failure
6. Opening of Safe Deposit Boxes to Search for a Will
7. Proof of Will out of Court
8. Hearing Required before Proving or Rejecting a Will. Notice
9. Recording of a Will Proved Outside Tribal Lands
10. When Bond Required of Executor. Amount of Bond. Reduction of Bond
11. Administration with the Will Annexed and De Bonis Non
12. Executor to Administer Intestate Part of an Estate
13. Executor of an Executor
14. Notice of Devise or Bequest to Corporation
15. Expenses of Executor or Administrator in Will Contest
16. Court may Annul Orders Passed Under
17. Procedure if, on Appeal, Will is Set Aside after Partial Settlement. Effect on Fiduciary
18. Procedure if Will is Found after Partial Settlement
19. Jurisdiction of Intestate Estates. Probate Costs. Issuance of Letters of Administration
20. Finding of Domicile
21. "Fiduciary" Defined
22. Appointment of Temporary Administrator or Trustee or an Officer to Preserve Assets. Bond
23. Powers and Duties of Temporary Appointee. Removal. Account
24. Custody of Remains of Deceased Persons
25. Allowance for Support of Surviving Spouse and Family. Family Car
26. Partition or Sale of Undivided Interest in Decedent's Estate. Notice. Hearing.
27. Court may Authorize Stock and Materials to be Worked up or Business to be Continued
28. Settlement of Estate on Presumption of Death
29. Time Limited for Granting Administration or Proving Will; Exceptions
30. Settlement of Estate after ten Years. Closure of Estate for Dormancy
31. "Fiduciary" Defined
32. Inventory to be Filed. Property Included in Inventory. Appraisal. Time Limits. Sale of Personal Property. Hearing. Return of Sale
33. Penalty for not Filing Inventory
34. Objections to Inventory or Appraisal. Notice and Hearing
35. Appointment of Court-Appointed Appraisers Prohibited
36. Beneficiary Designation Exempt from Laws Governing Transfer
by Will
37. Definitions
38. Notice to Creditors
39. Effect of Failure to Present Claim; Exoneration of Fiduciary
40. Optional Notice Procedures; Effect of Failure to Present Claim; Discretionary Extension of Time; Exoneration
41. Form and Verification of Claims; Presentation
42. Unmatured, Contingent or Unliquidated Claims
43. Allowance or Rejection of Claims
44. Return and List of Claims
45. Determination of Claims Presented if Fiduciary Dies, Resigns or is Removed
46. Suit Against Estate on Rejected Claim; Time within which to Commence Suit or File Application
47. Hearing on Rejected Claims by Probate Court or Appointment of Counsel; Costs
48. Order of Payment of Claims, Expenses and Taxes
49. Payment of Funeral and Last Illness Expenses of Married Person
50. Payment of Claims of Fiduciary
51. Liability of Beneficiaries
52. Order of Liability; Preferences
53. Maximum Liability of Beneficiary
54. Liability of Beneficiary-Fiduciary
55. Action not Impaired by Failure to Present Claim to Fiduciary. Proper Person to Sue Following Final Distribution
56. Action Against one or more Beneficiaries
57. Title of Bona Fide Purchaser from Beneficiary Protected
58. Statutes of Limitation; Suspension. Maximum Periods Applicable to Claims. After-Accruing Claims
59. Determination of Insolvency
60. Determination of Insolvency after Partial Settlement
61. Notice to Creditors. Presentation of Claims; Effect of Failure to Present Claim. Discretionary Extension of Time
62. Creditor having Secured Claim. Determination of Value of Security
63. Fiduciary's Report. Notice to Creditors. Hearing. Appeal
64. Estate Found Solvent after Finding of Insolvency
65. Suits Against Insolvent Estate Prohibited; Pending Suits
66. Settlement of Estate Without Claims Procedures
67. "Fiduciary" Defined
68. Protection of Legacies
69. Contribution Where Estate is Taken to Pay Debts
70. When Distributees to Give Security for Contingent or Future Debts
71. Distribution of Estates
72. Distribution of Estate, Testate in Part
73. Distribution of Intestate Estates
74. Division of Estate among Joint Legatees
75. Personal Property that may be set out to Spouse from Insolvent Estate
76. Succession upon Death of Spouse. Statutory Share
77. Intestate Succession. Distribution to Spouse
78. Distribution to Children. Children Born out of Wedlock may Inherit
79. Distribution of Intestate Estate of Minor
80. Distribution of Intestate Estate of Child to Father where Paternity Established after Death
81. Distribution when there are no Children or Representatives of them
82. Simultaneous Death; Disposition of Property
83. When Deaths of Husband and Wife Presumed Simultaneous
84. Death of Devisee or Legatee
85. Shares May be set out in Personal Property
86. Distribution when Heir, Legatee or Distributee is Presumed to be Dead. Liability of Fiduciary
87. When Person Guilty of Killing Another to Inherit from or Receive Property or Insurance Proceeds as Beneficiary of Victim
88. Distribution of Damages for Causing Death
89. Property Due Person Residing Outside United States
90. Securing of Interest of Remainderman in Personal Property after Life Estate
91. When Property Escheats to the Mashantucket Pequot Tribal Nation. Procedure
92. Short Title: Mashantucket Pequot Uniform Disposition of Community Property Rights at Death Act
93. Application
94. Rebuttable Presumptions
95. Disposition of Property at Death
96. Perfection of Title of Surviving Spouse
97. Perfection of Title of Personal Representative or Heir
98. Security Interest of Purchaser for Value or Lender
99. Creditor's Rights
CHAPTER 7. TRUSTS
1. Trustee to Receive Proceeds of Pension, Retirement, Death Benefit and Profit-Sharing Plans
2. Bonds of Testamentary Trustees
3. Vacancies in Office of Trustee
4. Legal Title Vests in Trustee Appointed to Fill Vacancy
5. Foreign Trustee's Custody of Trust Estate. Jurisdiction of Probate Court over Trusts Created by Nondomiciliaries
6. Appointment of Trustee when Person has Disappeared. Trustee's Rights and Duties. Procedure if Person Reappears
7. Suspension of Fiduciary Powers During Armed Forces Service
8. Income from Property Acquired by Trustee by Conveyance or Foreclosure when Mortgage Formerly held by Trustee
9. Distribution by Testamentary Trustee upon Completion of Trust
10. Distribution of Assets of Inoperative Trust
11. Settlement of Trust Estate when Beneficiary has been Absent seven Years
12. Termination of Small Trusts
13. Tribal Court Jurisdiction to Reform Instrument to Ensure Allowance of Marital Deduction. Qualified Domestic Trust
14. Statutory Rule Against Perpetuities
15. When Non-Vested Property Interest or Power of Appointment Created
16. Reformation
17. Exclusions from Statutory Rule Against Perpetuities
18. "Majority" Defined for Trusts Executed prior to October 1, 1972
19. Rule Against Perpetuities
20. Reduction of Age Contingency to Preserve Interest
21. Exemption of Certain Trusts Funds from the Rule Against Perpetuities
22. Charitable Trusts
23. Charitable Uses Determined by Trustee, when.
24. Gifts to Charitable Community Trust
25. Community Trustees to Render Annual Accounts. Hearing on Adjustment and Allowance
26. Probate Court Jurisdiction to Reform Instruments to Federal Tax Requirements
27. Termination of Charitable Trusts
28. Definitions
29. Expenditure of Net Appreciation, Standards
30. Exception and Restriction on Expenditure of Net Appreciation. Construction
31. Accumulation of Annual Net Income, Standards
32. Exception and Restriction of Accumulation of Annual Net Income. Construction
33. Investment of Institutional Funds
34. Delegation of Powers of Investment
35. Standards Applicable to Actions of Governing Board
36. Release of Restriction in Gift Instrument: Written Consent, Court Order. Limitations. Doctrine of Cy-Pres Applicable
CHAPTER 8. MASHANTUCKET PEQUOT UNIFORM GIFTS TO MINORS ACT
1. Definitions
2. Methods of Making Gift
3. Gift or Bequest to be Irrevocable. Rights and Powers Granted Custodian, Issuers, Transfer Agents, Brokers
4. Powers and Duties of Custodian
5. Reimbursement of Custodian
6. Responsibility of Issuer, Transfer Agent, Bank, Life Insurance Company, Savings and Loan Association, Credit Union, Broker or Other Person
7. Successor Custodian. Resignation of Custodian
8. Petition for Accounting
9. Not Exclusive Method of Gift
CHAPTER 9. DURABLE POWER OF ATTORNEY
1. Power of Attorney to Survive Disability or Incompetence
CHAPTER 10. POWERS OF APPOINTMENT
1. Power of Appointment May be Released; Definitions
2. Method of Release
3. Extent of Release
4. Effect of Release of one Donee upon other Donees
5. Exercise in Favor of Further Power
6. Exercise of Power of Appointment of Property
7. Applicability if Power of Appointment of Property
CHAPTER 11. DISCLAIMER OF PROPERTY
1. Definitions
2. Disclaimer of Property in Decedent's Estate. Time Limitation. Effect of Disclaimer
3. Right to Disclaim Barred, When. Binding Effect of Disclaimer or Waiver
4. Right to Disclaim Under other Law
5. Disclaimer of Property Passing Under Non-Testamentary Instrument. Time Limitation. Effect of Disclaimer
CHAPTER 12. PROTECTED PERSONS AND THEIR PROPERTY
1. Administrator of Veterans' Affairs to be Party in Interest
2. Investment of Funds in Insurance and Annuity Contracts by Conservator or Guardian of Estate
3. Testamentary Guardian or Co-Guardians
4. Payment by Guardian or Conservator of Administration Expenses of Deceased Protected Person
5. Definitions
6. Naming of own Conservator for Future Incapacity
7. Application for Voluntary Representation
8. Release from Voluntary Representation
9. Application for Involuntary Representation. Penalty for Fraudulent or Malicious Application of False Testimony
10. Notice of Hearing. Appointment of Counsel
11. Hearing. Appointment of Conservator
12. Appointment of Temporary Conservator
13. Duties of Conservator of the Estate. Application for Distribution of Gifts of Income and Principal from the Estate
14. Duties of Conservator of the Person
15. Court to Resolve Conflicts between Conservators
16. Conservator of Nonresident's Property
17. Termination of Conservatorship. Review by Court
18. Compensation of Conservator if Ward Unable to Pay
CHAPTER 13. LIVING WILL
1. Probate Court Jurisdiction Concerning Living Wills
2. Definition of Living Will
3. Form of Document re: Health Care Instructions, Appointment of Health Care Agent or Conservator of the Person
TITLE 25. RESIDENTIAL FORECLOSURE AND EVICTION LAW
CHAPTER 1. SHORT TITLE, FINDINGS, AND PURPOSE
1. Short Title
2. Findings
3. Purpose
4. Exclusion
CHAPTER 2. SCOPE
1. Scope
CHAPTER 3. DEFINITIONS
1. Definitions
CHAPTER 4. FORECLOSURE OF ASSIGNMENT MORTGAGE
1. Limitation on Self-Help Remedies
2. Jurisdiction
3. Action to Foreclose Assignment Mortgage
4. Auction of Assignment; Notice
5. Conduct of Auction
6. Private Sale in Lieu of Auction
7. Disbursement of Proceeds
8. Conveyance by the Court of the Auctioned Assignment
9. DOH as Trustee for Loan Program Lender in the Event of Insufficient Equity or Voided Auction
CHAPTER 5. EVICTIONS FROM DWELLINGS
1. Limitation on Self-Help Remedies
2. Jurisdiction
3. Definition of Unlawful Detainer
4. Remedies for Unlawful Detainer
5. Notice
6. Eviction Proceedings
7. Judgment
8. Appeal
CHAPTER 6. MISCELLANEOUS
1. Severability
2. Effective Date
TITLE 26. M.P.T.L. TRIBAL FOOD LAW
CHAPTER 1
1. Adoption of United States Food and Drug Administration Model Food Code
2. Applicability of this Law
3. Compliance with Tribal Food Code
4. Enforcement of Procedure of Tribal Food Code
5. Administrative Appeal Provision
6. Appeal
7. Injunctive Relief
8. Waiver of Sovereign Immunity
9. Appeal of Tribal Court Decision
10. Effective Date
TITLE 27. LAND ASSIGNMENT LAW
CHAPTER 1. PURPOSE, POLICY, DEFINITIONS
1. Title
2. Purpose
3. Tribal Residential Land Assignment Policy
4. Definitions
CHAPTER 2. ASSIGNMENT
1. Eligible Tribal Members
2. Rights Conveyed by Assignment Conveyance
3. Rights Conveyed by Assignment Mortgage
4. Conveyance of Assignment
5. General Provisions
CHAPTER 3. ENFORCEMENT; TERMINATION OF ASSIGNMENT
1. Enforcement of Assignee's Obligations by the Tribe
2. Termination of Assignment Rights by the Tribe
3. Procedure for Termination
4. Payment in Compensation for Termination
CHAPTER 4. DELEGATION TO THE MASHANTUCKET DEPARTMENT OF HOUSING (DOH)
1. Application of Assignment Law
2. Develop, Promulgate, and Enforce Regulations
CHAPTER 5. RECORDING
1. Applicability
2. Effect of Recording
3. Priority
4. Recording Process
CHAPTER 6. INITIAL ASSIGNMENT AREA; ADDITIONAL ASSIGNMENT AREAS
1. Scope of this Chapter
2. Eligibility for Assignments
3. Initial Qualification
4. Prioritization of Assignments
5. Issuance of Certificates of Assignment
6. Construction Period Requirements
7. Authority of DOH to Amend Survey
8. Conversion of Certificates of Conveyance
9. Conversion of Rights Held under an Occupancy Agreement
CHAPTER 7. OTHER PROVISIONS
1. Discovery of Items of Archeological Interest
2. Damage to a Dwelling Caused by the Tribe
CHAPTER 8. GENERAL
1. Construction
2. Severability
3. Insurance
TITLE 28. RIGHT TO WORK LAW
1. Findings, Purpose, and Authority
2. Definitions
3. Right to Work
4. Jurisdiction
5. Civil Remedies
TITLE 29. THE NON-TRIBAL MEMBER SURVIVING SPOUSE LAW
CHAPTER 1. PURPOSE, POLICY, DEFINITIONS
1. Title
2. Policy Purpose
3. Applicability
4. Definitions
CHAPTER 2. NATURE OF A SURVIVING SPOUSE'S RIGHT
1. Nature of a Surviving Spouse's Right
2. Rights of a Surviving Spouse
CHAPTER 3. DEFAULT, REMEDIES, CONVEYANCE
1. Default of Conditions
2. Conveyance by Surviving Spouse
3. Designated Minor
CHAPTER 4. GENERAL
1. Construction
2. Severability
TITLE 30. CAPTIVE DOMICILE CODE
1. Office of Captive Commissioner
2. Duties of the Commissioner
3. Compensation
TITLE 31. MASHANTUCKET EMPLOYMENT RIGHTS LAW
CHAPTER 1
1. Short Title
2. Findings, Purpose and Authority
3. Definitions
CHAPTER 2
1. Establishment of Mashantucket Employment Rights Office
2. Establishment of MERO Commission
4. Establishment of the MERO Director Position
5. Establishment of Mediation Panel
CHAPTER 3
1. Scope of Coverage
2. Conflict with Other Laws or Policies
3. Severability
4. Sovereign Immunity
TITLE 32. MASHANTUCKET PEQUOT LABOR RELATIONS LAW
CHAPTER 1
1. Title; Authority
2. Findings
3. Purpose
4. Definitions
5. Rights and Duties of Tribal Employers, Tribal Employees, and Labor Organizations
6. Prohibited Practices
7. Dispute Resolution for Prohibited Practices Questions
8. Free Speech Provision
9. Collective Bargaining
10. Negotiations Timetable; Dispute and Impasse Resolution
11. Strikes and Lockouts prohibited
12. Elections; Labor Organization Designation as Exclusive Representative; Appropriateness of Bargaining Unit; Representational Rights
13. Decertification of exclusive representative
14. Registration of Labor Organization
15. Licensing of business agents
TITLE 33. MASHANTUCKET PEQUOT TRIBAL AND NATIVE AMERICAN PREFERENCE LAW
1. Title; Authority
2. Findings
3. Purpose
4. Definitions
5. Preference in Employment
6. Application Skills Bank
7. Preference in Awarding Contracts (RESERVED)
9. Investigations; Complaint Procedures; Hearing
10. Sanctions, Penalties, or Awards
11. Appeals to Tribal Court; Waiver of Sovereign Immunity From Suit
12. Confidentiality
MASHANTUCKET PEQUOT RULES OF COURT
RULES OF CIVIL PROCEDURE
Rule 1. Scope of Rules
Rule 2. One Form of Action
Rule 3. Commencement of Action
Rule 4. Process
Rule 5. Service and Filing of Pleadings and Other Papers
Rule 6. Time
Rule 7. Pleadings Allowed: Forms of Motions
Rule 8. General Rules of Pleading
Rule 9. Pleading Special Matters
Rule 10. Form of Pleadings
Rule 11. Signing of Pleadings and Motions
Rule 12. Defenses and Objections - When and How Presented - By Pleading or Motion - Motion for Judgment on the Pleadings
Rule 13. Counterclaim and Cross-Claim
Rule 14. Third-Party Practice
Rule 15. Amended and Supplemental Pleadings
Rule 16. Pretrial and Trial
Rule 17. Parties Plaintiff and Defendant; Capacity
Rule 18. Joinder of Claims and Remedies
Rule 19. Joinder of Persons Needed for Just Adjudication
Rule 20. Permissive Joinder of Parties
Rule 21. Misjoinder and Nonjoinder of Parties
Rule 22. Interpleader
Rule 23. [Reserved]
Rule 24. Intervention
Rule 25. Substitution of Parties
Rule 26. General Provisions Governing Discovery; Duty of Disclosure
Rule 27. Depositions Before Action
Rule 28. Persons Before Whom Depositions May Be Taken
Rule 29. Stipulations Regarding Discovery Procedure
Rule 30. Depositions upon Oral Examination
Rule 31. Depositions upon Written Questions
Rule 32. Use of Depositions in Court Proceedings
Rule 33. Interrogatories to Parties
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 35. Physical and Mental Examinations of Persons
Rule 36. Requests for Admission
Rule 37. Failure to Make Discovery; Sanctions
Rule 38. [Reserved]
Rule 39. [Reserved]
Rule 40. Trial by the Court; Assignment
Rule 41. Dismissal of Actions
Rule 42. Consolidation; Separate Trials
Rule 43. Taking of Testimony
Rule 44. Proof of Official Record
Rule 45. Subpoena
Rule 46. Exceptions Unnecessary
Rule 47. Argument of Counsel
Rule 48. [Reserved]
Rule 49. [Reserved]
Rule 50. [Reserved]
Rule 51. [Reserved]
Rule 52. Findings By The Court; Judgment on Partial Findings
Rule 53. [Reserved]
Rule 54. Judgments; Costs
Rule 55. Default
Rule 56. Summary Judgment
Rule 57. [Reserved]
Rule 58. Entry of Judgment
Rule 59. New Trials; Amendment of Judgments
Rule 60. Relief from Judgment or Order
Rule 61. Harmless Error
Rule 62. Stay of Proceedings to Enforce a Judgment
Rule 63. [Reserved]
Rule 64. [Reserved]
Rule 65. [Reserved]
Rule 66. [Reserved]
Rule 67. [Reserved]
Rule 68. Offer of Judgment
Rule 69. Execution
Rule 70. Judgment for Specific Act
Rule 71. [Reserved]
Rule 72. [Reserved]
Rule 73. [Reserved]
Rule 74. [Reserved]
Rule 75. [Reserved]
Rule 76. [Reserved]
Rule 77. Tribal Court and Clerks
Rule 78. Motion Day
Rule 79. Books and Records Kept by the Clerk
Rule 80. Family Relations
Rule 81. Terminology in Tribal Laws
Rule 82. Jurisdiction Unaffected
Rule 83. Definitions
Rule 84. Repeal of Prior Rules
Rule 85. Title and Citation
Rule 86. Amendments
Rule 87. Repeal of Inconsistent Laws
Rule 88. Effective Date
Rule 89. Visiting Attorney
Rule 90. Schedule of Tribal Court Fees
Rule 91. Proceedings in Forma Pauperis
Rule 92. Civil Procedure for Traffic Infractions
Rule 1. Scope, Purpose and Construction
Rule 2. Preliminary Proceedings in Civil Traffic Violation
Cases/Clerk Action
Section 2. Clerk Action
Section 3. Administrative Payment Generally
Section 4. Arraignment Generally
Section 5. Pleas Generally
Section 6. Trial and Disposition in Civil Traffic Violation Cases
Section 3. Judgment Civil Traffic Violation Cases
Section 4. Appeals from Decisions in Civil Traffic Violation Cases
Section 5. In Forma Pauperis
Section 6. Post-Judgment Proceedings
Section 7. General Provisions
MASHANTUCKET PEQUOT RULES OF EVIDENCE
Rule 101. Scope
Rule 102. Purpose and Construction
Rule 103. Rulings on Evidence
Rule 104. Preliminary Questions
Rule 105. Limited Admissibility
Rule 106. Remainder or Related Writings or Recorded Statements
Rule 201. Judicial Notice of Adjudicative Facts
Rule 301. Presumption in General in Civil Actions and Proceedings
Rule 302. Presumption of Paternity
Rule 303. Presumptions in Criminal Cases
Rule 401. Definition of "Relevant Evidence"
Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
Rule 404. Character Evidence not Admissible to Prove Conduct; Exceptions; Other Crimes
Rule 405. Methods of Proving Character
Rule 406. Habit; Routine Practice
Rule 407. Subsequent Remedial Measures
Rule 408. Compromise and Offers to Compromise
Rule 409. Payment of Medical and Similar Expenses
Rule 410. Withdrawn Pleas and Offers
Rule 411. Liability Insurance
Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition
Rule 413. Evidence of Similar Crimes in Sexual Assault Cases
Rule 414. Evidence of Similar Crimes in Child Molestation Cases
Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation
Rule 501. Privileges Recognized Only as Provided
Rule 502. Attorney-Client Privilege
Rule 503. Physician and Psychotherapist-Patient Privilege
Rule 504. Husband-Wife Privilege
Rule 505. Religious Privilege
Rule 506. [Reserved]
Rule 507. Trade Secrets
Rule 508. Tribal Governmental Privilege; Executive Privilege
Rule 509. Identity of Informer
Rule 510. Waiver of Privilege by Voluntary Disclosure
Rule 511. Privileged Matter Disclosed under Compulsion without Opportunity to Claim Privilege
Rule 512. Comment upon or Inference from Claim of Privilege in Criminal Cases; Instruction
Rule 513. Claim of Privilege in Civil Cases
Rule 601. Competency in General: Disqualification
Rule 602. Lack of Personal Knowledge
Rule 603. Oath or Affirmation
Rule 604. Interpreters
Rule 605. Competency of Judge and Council Member as Witness
Rule 606. Competency of Juror as Witness
Rule 607. Who may Impeach
Rule 608. Evidence of Character and Conduct of Witness
Rule 609. Impeachment by Evidence of Conviction of Crime
Rule 610. Religious Beliefs or Opinions
Rule 611. Mode and Order of Interrogation and Presentation
Rule 612. Writing or Object used to Refresh Memory
Rule 613. Prior Statements of Witnesses
Rule 614. Calling and Interrogation of Witnesses by Court
Rule 615. Exclusion of Witnesses
Rule 701. Opinion Testimony by Lay Witnesses
Rule 702. Testimony by Experts
Rule 703. Bases of Opinion Testimony by Experts
Rule 704. Opinion on Ultimate Issue
Rule 705. Disclosure of Fact or Data underlying Expert Opinion
Rule 706. Court Appointed Experts
Rule 801. Definition
Rule 802. Hearsay Rule; Child's Statements
Rule 804. Hearsay Exceptions: Declarant Unavailable
Rule 805. Hearsay within Hearsay
Rule 806. Attacking and Supporting Credibility of Declarant
Rule 901. Requirement of Authentication or Identification
Rule 902. Self-Authentication
Rule 903. Subscribing Witness' Testimony Unnecessary
Rule 1001. Definitions
Rule 1002. Requirement of Original
Rule 1003. Admissibility of Duplicates
Rule 1004. Admissibility of other Evidence of Contents
Rule 1005. Public Records
Rule 1006. Summaries
Rule 1007. Testimony or Written Admission of Party
Rule 1008. Functions of Court and Jury
Rule 1101. Applicability of Rules
Rule 1102. Title and Citation
Rule 1103. Amendments
Rule 1104. Repeal of Inconsistent Laws
Rule 1105. Effective Date
MASHANTUCKET PEQUOT RULES OF APPELLATE PROCEDURE
Rule 1. Scope of Rules
Rule 2. Right of Appeal
Rule 3. The Notice of Appeal
Rule 4. The Record on Appeal
Rule 5. The Briefs and Motion Papers - General Provisions
Rule 6. Contents of the Briefs
Rule 7. Appendices
Rule 8. Preargument Conference
Rule 9. Oral Argument
Rule 10. Motions
Rule 11. Costs, Fees, Appointment of Counsel in Criminal Cases
Rule 12. Decisions on Appeal
Rule 13. General Provisions
MASHANTUCKET PEQUOT CODE OF JUDICIAL CONDUCT
Preamble
Section 1. Applicability of Code
Section 2. Canons
CANON 1
CANON 2
CANON 3
CANON 4
CANON 5
CANON 6
Section 4. Miscellaneous
MASHANTUCKET PEQUOT RULES OF LEGAL COUNSEL CONDUCT
Preamble
Introduction
1. Admission to Practice
2. Rules of Conduct
Rule 1. Definitions. The Following Definitions Shall Apply to these Rules
Rule 2. Competence
Rule 3. Diligence
Rule 4. Communication
Rule 5. Confidentiality of Information
Rule 6.1. Conflict of Interest: General Rule
Rule 6.2. Conflict of Interest: Prohibited Transaction
Rule 7. Declining or Terminating Representation
Rule 8. Advisor
Rule 9. Meritorious Claims and Contentions
Rule 10. Expediting Litigation
Rule 11. Candor Toward the Court
Rule 12. Fairness to Opposing Party and Counsel
Rule 13. Impartiality and Decorum of the Court
Rule 14. Trial Publicity
Rule 15. Legal Counsel as Witness
Rule 16. Special Responsibilities of a Tribal Prosecutor
Rule 17. Truthfulness in Statements to Others
Rule 18. Communication with Person Represented by Counsel
Rule 19. Dealing with Unrepresented Person
Rule 20. Respect for the Rights of Third Persons
Rule 21. Communications Concerning Services
Rule 22. Advertising
Rule 23. Bar Admission and Disciplinary
Rule 24. Statements
Rule 25. Reporting Professional Misconduct
Rule 26. Misconduct
Rule 27. Jurisdiction
Rule 28. Disciplinary Process
Rule 29. Reciprocal Discipline
Rule 30. Conviction of Crimes
4. Applicability of Tribal Law
Rule 31. Other Provisions and Interpretation of Rules
5. Effective Date
2010-2011 Pocket Part to 2008 Tribal Laws
TITLE 1. JUDICIARY
CHAPTER 1. [Withheld]
CHAPTER 2. COURT ADMINISTRATION
1. Judges
CHAPTER 3. OFFICE OF THE PROSECUTOR
1. Definitions
TITLE 2. CRIMINAL LAW
CHAPTER 8. SEX OFFENDER NOTIFICATION AND REGISTRATION
1. Declaration of Policy
2. Definitions
3. Application
4. Risk to the Community
5. Exceptions
6. Release of Information/Community Notification/Immunity
7. Sex Offender Notification Requirements
8. Sex Offender Registration Requirements
9. Duration of Registration
10. Exemption from Registration
11. Violations and Penalties
12. Payment of Fines/Payment for Incarceration Costs
13. Severability
14. Effective Date
TITLE 3. GAMING
CHAPTER 1. GAMING LAW
7. Tribal Gaming Commission
TITLE 6. FAMILY RELATIONS
CHAPTER 3. MARRIAGES
1. Governing Law
2. Authority to Perform Marriages
3. Marriage License Required
4. Requirements for Issuance of Marriage License
5. Marriage Certificate
6. Recognition of Marriages Performed off the Reservation
7. Validation of Marriages Performed
CHAPTER 8. RECOGNITION AND ENFORCEMENT OF FOREIGN SUPPORT ORDERS
4. Maximum Amount of Withholding. Time Periods. Priority of Multiple Orders
TITLE 8. EMPLOYMENT
CHAPTER 1. EMPLOYEE REVIEW CODE
1. Definitions
2. Jurisdiction
3. Filing an Appeal from a Final Decision
4. Record Before the Court
5. Assembly of the Record
6. Pre-Hearing Conference
7. Briefs
8. Hearing
9. Miscellaneous
10. Rulings
11. Arbitration
12. Appeal
13. Application of Law
14. Effective Date
TITLE 16. GENERAL REVENUE AND TAXATION CODE
CHAPTER 2. HOTEL OCCUPANCY
2. Imposition and Rate of Tax
CHAPTER 3. FOOD AND BEVERAGE
2. Imposition and Rate of Tax
CHAPTER 4. RETAIL
2. Imposition and Rate of Tax
TITLE 18. MANDATORY SCHOOL ATTENDANCE AND TRUANCY
1. Mandatory School Attendance
2. Parental Responsibility
3. Applicability
4. Duties of the MPTN Education Department
5. MPTN Education Department Policies and Procedures Concerning Mandatory School Attendance and Truancy
6. Notice of Truancy and Fines
7. Appeals
8. Failure to Comply
TITLE 20. MASHANTUCKET PEQUOT CIVIL RIGHTS CODE
CHAPTER 1
2. Jurisdiction and Waiver of Sovereign Immunity From Suit
TITLE 21. PUBLIC SAFETY CODE
CHAPTER 1. ANIMAL CONTROL LAW
1. Definitions
2. Tribal Animal Control
3. Enforcement and Authority--Tribal Animal Control Officer and/or Tribal Police Officer
4 Fees and General Provisions--Dogs and Cats to be Licensed
5. Rabies Vaccination Required for Dogs and Cats
6. Tribal Clerk to Provide Licenses and Tags
7. Nuisance; Barking and/or Howling Dogs
8. Dogs Roaming at Large
9. Leash Law
10. Cruelty to Animals
11. Fighting Animals for Amusement or Gain
12. Vicious Dogs
13. Quarantine of Biting Animals
14. Safety Provisions
15. Private Cause of Action
TITLE 23. FOREIGN JUDGMENTS, WAGE EXECUTIONS & SUBPOENAS
CHAPTER 1. RECOGNITION OF FOREIGN JUDGMENTS
2. Filing of Foreign Judgment. Enforcement
TITLE 24. PROBATE LAW
CHAPTER 7. TRUSTS
37. Special Needs Trust
TITLE 28. RIGHT TO WORK LAW
1. Findings, Purpose, and Authority
2. Definitions
3. Right to Work
4. Jurisdiction
5. Civil Remedies
TITLE 31. MASHANTUCKET EMPLOYMENT RIGHTS LAW
CHAPTER 1
1. Short Title
2. Findings, Purpose and Authority
3. Definitions
CHAPTER 2
1. Establishment of Mashantucket Employment Rights Office
2. Establishment of the MERO Director Position
3. Establishment of Mediation Panel
CHAPTER 3
1. Scope of Coverage
2. Hearings
3. Conflict with Other Laws or Policies
4. Severability
5. Sovereign Immunity
TITLE 32. MASHANTUCKET PEQUOT LABOR RELATIONS LAW
CHAPTER 1
1. Title; Authority
2. Findings
3. Purpose
4. Definitions
5. Rights and Duties of Tribal Employers, Tribal Employees, and Labor Organizations
6. Prohibited Practices
7. Dispute Resolution for Prohibited Practices Questions
8. Free Speech Provision
9. Collective Bargaining
10. Negotiations Timetable; Dispute and Impasse Resolution
11. Strikes and Lockouts Prohibited
12. Elections; Labor Organization Designation as Exclusive Representative; Appropriateness of Bargaining Unit; Representational Rightsz
13. Decertification of Exclusive Representative
14. Registration of Labor Organization
15. Licensing of business agents
16. Time For Filing Appeals
TITLE 33. MASHANTUCKET PEQUOT TRIBAL AND NATIVE AMERICAN PREFERENCE LAW
1. Title; Authority
2. Findings
3. Purpose
4. Definitions
5. Preference in Employment
6. Application Skills Bank
7. Preference in Awarding Contracts (RESERVED)
8. Certification for Tribally Owned and Native American Owned Businesses (RESERVED)
9. Claim Procedures; Investigations; Mediation
10. Tribal Court Review
11. Sanctions, Penalties, or Awards
12. Waiver of Sovereign Immunity From Suit
TITLE 34. MASHANTUCKET PEQUOT TRIBAL OCCUPATIONAL SAFETY AND HEALTH LAW
1. Title; Authority
2. Findings
3. Definitions
4. Authority of TOSHA Commissioner
5. Adoption of Federal Standards
6. Duties of Employers and Employees
7. Inspections, Investigations, and Recordkeeping
8. Citations
9. Enforcement
10. Discharge or Discrimination Prohibited
11. Tribal Court Jurisdiction; Waiver of Sovereign Immunity
12. Preservation of Other Law
TITLE 35. MASHANTUCKET PEQUOT TRIBAL ELDERS FINANCIAL ASSISTANCE
1. Findings, Purpose and Authority
2. Definitions
3. Determination of Eligibility
4. Tribal Court Review of Finance Committee's Decision
5. Income Limitation
6. Payment of Benefits; Recovery of Excess Payments
7. Penalties for Fraud
8. Income Taxation and Other Deductions and Offsets .
9. Effective Date
10. Termination of Benefits
TITLE 36. RESERVED
TITLE 37. MASHANTUCKET PEQUOT TRIBAL WHISTLEBLOWER LAW
1. Title
2. Purpose
3. Reporting of information to the Office of Inspector General. Investigation by Office of Inspector General (OIG)
4. Remedies for Violation
5. Waiver of Sovereign Immunity
MASHANTUCKET PEQUOT RULES OF COURT
RULES OF CIVIL PROCEDURE
Rule 4. Process
Rule 90. Schedule of Tribal Court Fees
MASHANTUCKET PEQUOT RULES OF APPELLATE PROCEDURE
Rule 11. Costs, Fees, Appointment of Counsel in Criminal Cases
2012-2014 Supplement to Mashantucket Pequot Tribal Laws
TITLE 1. JUDICIARY
CHAPTER 1. MASHANTUCKET PEQUOT TRIBAL COURT
4. Decisions
TITLE 3. GAMING
CHAPTER 1. GAMING LAW
4. Authorization for Gaming Activities
9. Prohibited Acts
TITLE 4. TORT CLAIMS (GAMING ENTERPRISE)
CHAPTER 1 10
4. Awards
TITLE 5. CHILD WELFARE
CHAPTER 1. CHILD PROTECTION AND FAMILY PRESERVATION LAW
1. Findings and Policy
2. Supervision over Welfare of Children
3. Family Court
CHAPTER 2. DEFINITIONS
1. Definitions
CHAPTER 3. REPORTING OF CHILD NEGLECT AND ABUSE
1. Notification of Child Abuse Reports
2. Interviews and Examinations
3. Emergency Removal
4. Procedures for Removal
5. Hearing
6. Court Findings
7. Review of Placement and Supervision
8. Placement Preferences
9. Emergency Authorization of Medical Treatment
10 Confidentiality and Records
11. Modification, Revocation or Extension of Court Orders
12. Appeals
CHAPTER 4. GUARDIANSHIP
1. Appointment of Guardians
2. Guardianship Petition
3. Appointment of Guardian Ad Litem for Minor or Incompetent Parent
4. Consent to Guardianship
5. Hearing
6. Conduct of Hearing; Investigation and Report; Grounds for Termination
7. Findings and Orders
8. Termination of the Guardianship
9. Guardian of the Property
10. Review of Guardianship
CHAPTER 5. TERMINATION OF PARENTAL RIGHTS
1. Purpose
2. Appointment of Guardian Ad Litem for Minor or Incompetent Parent
3. Petition to Terminate Parental Rights
4. Consent to Termination
5. Hearing
6. Conduct of Hearing; Investigation and Report; Grounds for Termination
7. Findings and Orders
8. Child's Continued Right to Benefits
9. Custody after Relinquishment or Termination Order
10. Review of Placement
CHAPTER 6. FOSTER HOME LICENSING PROCEDURES
1. Foster Care Inspector
2. Foster Home Requirements
3. The Foster Family
4. Investigation
5. The Foster Child
CHAPTER 7. ADOPTION
1. Open Adoptions
2. Purpose
3. Availability for Adoption
4. Who May File a An Adoption Petition
5. Placement Preferences
6. Traditional Custodians and Grandparents Rights
7. Content of Adoption Petition
8. Notice
9. Home Studies
10. Hearing Procedures
11. Adoption Decree
12. Intervention
CHAPTER 8. WORKING WITH INDIAN CHILDREN
1. Minimum Standards to Work with Indian Children
TITLE 9. COMMERCIAL
CHAPTER 3
1. Filing of Trade Name Certificates (a/k/a D/B/A certificates or Fictitious Name Certificates)
TITLE 12. CIVIL ACTIONS
CHAPTER 1. CIVIL ACTIONS LAW
1. Tribal Forum
2. Tort Actions to which the Tribe is a Party
TITLE 14. LAND USE LAW
CHAPTER 1. DECLARATION OF PURPOSE AND POLICY
1. Purpose
2. Overall Policy
CHAPTER 2. DEFINITIONS
1. Definitions
CHAPTER 3. LAND USE COMMISSION
1. Establishment
2. Authority
3. Administration
4. Composition of the Commission
CHAPTER 4. LAND USE REGULATIONS
1. Land Use Regulations
CHAPTER 5. LAND USE PERMIT
1. Permit Required; Authorization
2. Pre-Application Consultation
3. Permit Application
4. Fee
5. Permit Application Review
6. Commission Consideration of Permit Applications
CHAPTER 6. PERMIT CONDITIONS
1. Standard Permit Terms and Conditions
2. Record Keeping and Reporting
3. Permit Modification
4. Permit Duration and Schedule Modification
5. Bonding Requirements
CHAPTER 7. CERTIFICATES OF COMPLETION
1. Certificate Required
2. Request for Occupancy or Use
3. Issuance of a Certificate of Completion
CHAPTER 8. VARIANCE
1. Application
2. Commission Review and Consideration
CHAPTER 9. ENFORCEMENT
1. Enforcement Authority
2. Enforcement Procedure
3. Penalties
CHAPTER 10. HEARING AND JUDICIAL REVIEW
1. Right to a Hearing
2. Hearing Procedure
3. Right of Judicial Review
4. Enforcement Action
CHAPTER 11. EFFECTIVE DATE AND APPLICATION
TITLE 27. LAND ASSIGNMENT LAW
4. Definitions
CHAPTER 6. INITIAL ASSIGNMENT AREA; ADDITIONAL ASSIGNMENT AREAS
6. Construction Period Requirements
TITLE 33. MASHANTUCKET PEQUOT TRIBAL AND NATIVE AMERICAN PREFERENCE LAW
1. Title; Authority
2. Findings
3. Purpose
4. Definitions
5. Preference in Employment
6. Application Skills Bank
7. Preference in Awarding Contracts (RESERVED)
8. Certification for Tribally Owned and Native American Owned Businesses (RESERVED)
9. Claim Procedures; Investigations; Hearings, Mediation
10. Tribal Court Review
11. Sanctions, Penalties, or Awards
12. Waiver of Sovereign Immunity From Suit
13. Retaliation Prohibited
TITLE 35. MASHANTUCKET PEQUOT TRIBAL ELDERS FINANCIAL ASSISTANCE
2. Definitions
7. Penalties for Fraud
10. Termination of Benefits
11. Death Benefit
TITLE 36. MASHANTUCKET PEQUOT TRIBAL DISABILITY PROGRAM
1. Findings, Purpose and Authority
2. Definitions
3. Eligibility Requirements
4. Initial Qualification and Benefit Determination
5. Continued Qualification
6. Payment of Benefits
7. Disability Review Board
8. Administration
9. Tribal Court Review
10. Penalties for Fraud
11. Effective Date
TITLE 37. MASHANTUCKET PEQUOT WHISTLEBLOWER LAW
1. Title
2. Purpose
3. Reporting of information to the Office of Legal Counsel (OLC). Investigation OLC or other office as the OLC may designate as appropriate
4. Remedies for Violation
5. Waiver of Sovereign Immunity
TITLE 38. SEX OFFENDER NOTIFICATION AND REGISTRATION LAW
CHAPTER 1. TITLE, FINDINGS, PURPOSE, DEFINITIONS
1. Title; Authority
2. Findings
3. Purpose
4. Definitions
CHAPTER 2. REGISTRIES, OFFENSES, TIERS
1. Creation of Registries
2. Registerable Offenses
CHAPTER 3. REGISTRATION AND VERIFICATION REQUIREMENTS
1. Registration, Verification and In-Person Appearance Requirements
2. Required Information
CHAPTER 4. PUBLICATION AND COMMUNITY NOTIFICATIONS; PUBLIC WEBSITE
1. Publications & Community Notifications
2. Public Sex Offender Registry Website
CHAPTER 5. SAFETY ZONES; SANCTIONS
1. Safety Zones
CHAPTER 6. MISCELLANEOUS
1. Sovereign Immunity
2. Savings Clause
3. Effective Date; Implementation
TITLE 39. PRECIOUS METALS BUYERS LICENSE LAW
CHAPTER 1. TITLE, FINDINGS, PURPOSE, DEFINITIONS
1. Title; Authority
2. License Required. Record of Transactions
TITLE 40. ADMINISTRATIVE PROCEDURE ACT
CHAPTER 1. PURPOSE, APPLICABILITY, AND DEFINITIONS
1. Purpose
2. Applicability
3. Definitions
CHAPTER 2. HEARINGS
1. Right to Hearing
2. Factors for Determining Type of Hearing
3. Formal Hearing
4. Informal Hearing
5. Decisions and Requests for Reconsideration
CHAPTER 3. JUDICIAL REVIEW
1. Applicability
2. Jurisdiction
3. Right of Review
4. Procedures
5. Pre-Hearing Conference
6. Briefing
7. Tribal Court Oral Argument
8. Scope of Review
9. Rulings
10. Appeal of Tribal Court Decision
11. Application of the Law
CHAPTER 4. MISCELLANEOUS
1. Effective Date
TITLE 41. VITAL STATISTICS
CHAPTER 1. BURIALS
1. Governing Law
2. Removal, Transit, and Burial Permits
3. Connecticut Department of Public Health
4. Cemetery Sexton
CHAPTER 2. BIRTH, MARRIAGE, AND DEATH CERTIFICATES
1. Purpose
2. Birth Certificates
3. Death Certificates
4. Marriage Certificates
5. Administrative
TITLE 42. COMMERCIAL FORECLOSURE
CHAPTER 1. FINDINGS AND GENERAL PROVISIONS
1. Findings
2. Scope
CHAPTER 2. DEFINITIONS
1. Definitions
CHAPTER 3. PRIORITY AND RECORDING
1. Priority
2. Recording
CHAPTER 4. FORECLOSURE
1. Foreclosure Remedy
2. Jurisdiction
3. Tribe May Intervene
4. Notice of Foreclosure Proceeding
5. Foreclosure Hearing
6. Appeal
CHAPTER 5. SALE
1. Notice of Sale
2. Mailing and Publishing of Notice
3. Satisfaction of Debt Prior to Sale; Report of Sale
4. Orders for Possession
5. Failure of Bidder to Make Cash Deposit or to Comply with Bid; Resale
6. Disposition of Proceeds of a Sale
7. Special Proceeding to Determine Ownership of Surplus
8. Proceeds Do Not Satisfy the Debt
9. Self-Help Possession
10. Appointment and Powers of a Temporary Receiver
CHAPTER 6.
1. Effectiveness
TITLE 43. GOOD SAMARITAN AND LIMITED LIABILITY LAW
CHAPTER 1. GOOD SAMARITAN
1. Good Samaritan
CHAPTER 2. LIMITED LIABILITY
1. Immunity Regarding Opioid Antagonists
MASHANTUCKET RULES OF COURT
RULES OF CIVIL PROCEDURE
Rule 68. Offer of Judgment
2015 Supplement to Mashantucket Pequot Tribal Laws
TITLE 6. FAMILY RELATIONS
CHAPTER 3. MARRIAGES
4. Requirements for Issuance of Marriage License
TITLE 16. GENERAL REVENUE AND TAXATION CODE
CHAPTER 7. PERSONAL PROPERTY TAXES
TITLE 23. FOREIGN JUDGMENTS, WAGE EXECUTIONS & SUBPOENAS
CHAPTER 1. RECOGNITION OF FOREIGN JUDGMENTS
1. Definitions
2. Filing of Foreign Judgment. Enforcement
3. Notification
4. Stay of Proceedings, Modifications, Hearings
TITLE 41. VITAL STATISTICS
CHAPTER 2. BIRTH, MARRIAGE, AND DEATH CERTIFICATES
5. Administrative
MASHANTUCKET PEQUOT RULES OF COURT
MASHANTUCKET PEQUOT RULES OF APPELLATE PROCEDURE
Rule 2. Right of Appeal
Rule 8. Preargument Conference
Rule 9. Oral Argument
Rule 13. Reargument
Rule 14. General Provisions
[Table of Contents created by NILL in August 2015, based on materials available on tribe's website.]