Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado - Tribal Code
Most recent update received: October 2020
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Table of Contents
Tribal Code Book
CONSTITUTION OF THE SOUTHERN UTE INDIAN TRIBE (1975)
Preamble
Article I - Jurisdiction
Article II - Membership
Article III - Governing Body
Section 1. Name
Section 2. Composition of the Council
Article IV - Nominations and Elections
Section 1. The First Election
Section 2. Terms of Office
Section 3. Assumption of Office
Section 4. Voter Qualifications
Section 5. Qualification of Candidates
Section 6. Election Board
Section 7. Election Ordinance
Article V - Vacancies, Removal and Recall
Section 1. Removal
Section 2. Recall
Section 3. Procedures
Section 4. Resignation
Section 5. Filling Vacancies
Article VI - Referendum
Section 1.
Section 2. Limits of Referendum
Section 3. Procedures
Article VII - Powers of the Council
Section 1.
Section 2. Acting Chairman
Section 3. Further Powers
Section 4. Reserve Powers and Rights
Section 5. Approval of Council Enactments
Article VII - Land
Article IX - Meeting of the Tribal Council
Section 1. First Meeting
Section 2. Regular Meeting
Section 3. Special Meetings
Section 4. Agenda and Quorum
Article X - Duties of Officers
Section 1. [Chairman]
Section 2. Vice-Chairman
Section 3. Treasurer
Article XI - Restriction on Voting of Councilmen
Article XII - Constitutional Amendments
Article XIII- Savings Clause
Article XIV - Gender
Article XV - Adoption of Constitution
Approval
CORPORATE CHARTER OF THE SOUTHERN UTE INDIAN TRIBE (1938)
MEMO FROM CHIEF JUDGE ELAINE NEWTON RE: TRIBAL COURT RULES AND CIVIL PROCEDURE (3/5/1996)
I. Introduction
II. Court Rule One: Complex Litigation
III. Court Rule Two: Jurisdictional Determinations
IV. Court Rules Three: Special Masters
A. Appointment and Compensation.
B. Powers of a Master
C. Determinations of a Master
V. Conclusion
Court Rules (3/5/96)
Letter from tribal court (May 29, 1996)
Court Rules
Resolution (Unsigned, 3/5/96)
TITLE 1. GENERAL PROVISIONS
Title 1. GENERAL PROVISIONS (1989)
History and Amendments
Article 1. TRIBAL CODE AND JURISDICTION
Sec. 1-1-101. Constitutional Authority.
Sec. 1-1-102. Name of Code.
Sec. 1-1-103. Prior Inconsistent Ordinances Repealed.
Sec. 1-1-104. Amendment.
Sec. 1-1-105. Code of Federal Regulations as Provided in Title 25, 11.1 of the Code of Federal Regulations.
Sec. 1-1-106. Jurisdiction - Tribal Policy.
Sec. 1-1-107. Territorial Jurisdiction.
Sec. 1-1-108. Personal Jurisdiction.
Sec. 1-1-109. Criminal Jurisdiction.
Sec. 1-1-110. Original Jurisdiction.
Sec. 1-1-111. Exclusive Original Jurisdiction.
Sec. 1-1-112. Copy of Law and Order Code.
Sec. 1-1-113. Records of Court Open to Public Inspection - Exceptions.
Sec. 1-1-114. Adoption by Reference - Not a Waiver of Sovereignty.
Sec. 1-1-115. Sovereign Immunity.
Sec. 1-1-116. Jurors and Eligibility for Jury Duty.
Sec. 1-1-117. Trial Juries.
Sec. 1-1-118. Power to Excuse Jurors.
Sec. 1-1-119. Compensation of Jurors.
Sec. 1-1-120. Interpretation of Statuses.
Sec. 1-1-121. Definition of Indian.
Article 2. CIVIL ACTIONS
Sec. 1-2-101. Jurisdiction.
Sec. 1-2-102. Judgments in Civil Actions.
Sec. 1-2-103. Costs in Civil Actions.
Sec. 1-2-104. Payment of Judgment from Individual Indian Monies.
Sec. 1-2-105. Judgment Lawful Debt.
Sec. 1-2-106. Legal Rate of Interest.
Sec. 1-2-107. Restriction of Judgments.
Sec. 1-2-108. Voluntary Assignment.
Sec. 1-2-109. Emergency Care of Assistance - Good Samaritan.
Sec. 1-2-110. Statute of Limitation.
Article 3. TRIBAL COURT, JUDGES AND OTHER PERSONNEL
Sec. 1-3-101. Establishment.
Sec. 1-3-102. Southern Ute Tribal Court Judge,
Sec. 1-3-103. Officers of the Tribal Court.
Sec. 1-3-104. Removal of Judges.
Sec. 1-3-105. Powers and Duties of Judges.
Sec. 1-3-106. Disqualification of Judges.
Sec. 1-3-107. Oath of Office of Judges.
Sec. 1-3-108. Clerks of the Courts.
Sec. 1-3-109. Duties and Powers of Clerks.
Sec. 1-3-110. Probation and Parole Officers.
Sec. 1-3-111. Rules of Court.
Sec. 1-3-112. Bonding of Court Personnel.
Sec. 1-3-113. Counselors and Professional Attorneys.
Sec. 1-3-114. Admission of Attorneys.
Sec. 1-3-115. Discipline of Lay Counsel and Attorneys.
Sec. 1-3-116. Standard of Conduct for Counsel.
Sec. 1-3-117. Contempt.
Sec. 1-3-118. Civil Contempt.
Sec. 1-3-119. Criminal Contempt.
Sec. 1-3-120. Contempt Procedure.
Ordinance No. 96-02 - Ordinance Confirming Scope of Official Immunity (August 13, 1996) (Amends 1-1-115)
Resolution No. 96-143 (August 13, 1996)
Resolution No. 2005-226 (August 30, 2005)
Attachment 1 AMENDMENTS TO SOUTHERN UTE INDIAN TRIBAL CODE, TITLE 1 ARTICLE III
Sec. 1-3-121. Unclaimed Funds - Tribal Court.
Sec. 1-3-122. Report of Unclaimed Funds - Tribal Court.
Resolution No. 2007-66 (March 13, 2007)
DEBT COLLECTION POLICIES AND PROCEDURES (May 7, 2003)
Statement of Purpose
Resolution No. 2002-235 (December 31, 2002)
Resolution No. 2003-74 (April 22, 2003)
Article 4. COLLECTION OF DEBTS OWED TO THE SOUTHERN UTE INDIAN TRIBE AND PROTECTION OF FINANCIAL RESOURCES
Sec. 1-4-101. Purpose.
Sec. 1-4-102. Definitions.
Sec. 1-4-103. Ineligibility for Tribal Benefits and Services.
Sec. 1-4-104. Exempt Services and Payments.
Sec. 1-4-105. Determination of Eligibility.
Sec. 1-4-106. Removal of Ineligibility through Payment or Posting of Bond.
Sec. 1-4-107. Tribal Right of Offset.
Sec. 1-4-108. Administrative Review Process.
Sec. 1-4-109. Administrative Decisions.
Sec. 1-4-110. Severability.
Sec. 1-4-111. Prior Inconsistent Laws repealed.
Statement of Position from the Executive Office (May 1, 2003)
Process Chart - Determination of Ineligibility / Provider's Responsibility
Process Chart - Initiate Withholding
Resolution No. 2003-72 (April 22, 2003)
Exhibit One - Administrative Hearing Procedures for Review of Disputed Debts
Resolution No. 2003-73 (April 22, 2003)
Exhibit One - Policy and Procedure for Withholding From Tribal Payments
Resolution No. 2003-71 (April 22, 2003)
Exhibit One - Amendment to the Bill of Consumer/Accounts Receivable Policies and Procedures
Account Holder (process chart)
Maps - Ute Agency 1977
Approval letter from BIA Superintendent (December 12, 2014)
Resolution No. 2014-215 (December 12, 2014)
Amending Title 1, Article 4, Collection of Debts Owed to the Southern Ute Indian Tribe and Protection of Financial Resources, sections 108, 109, 110 and 110
Sec. 1-4-108. Administrative Review Process.
Sec. 1-4-109. Severability.
Sec. 1-4-110. Prior Inconsistent Laws repealed.
Sec. 1-4-111. [Removed]
Approval letter from BIA Superintendent (August 4, 2014)
Resolution No. 2014-25 (February 11, 2014)
Article 5. ADMINISTRATIVE APPEALS AND HEARINGS OFFICE
Sec. 1-5-101. Establishment.
Sec. 1-5-102. Purpose and application.
Sec. 1-5-103. Organization and staff.
Sec. 1-5-104. Power and authority.
Sec. 1-5-105. Judicial enforcement of orders and subpoenas.
Sec. 1-5-106. Right of Appeal.
Sec. 1-5-107. Sovereign Immunity.
ADMINISTRATIVE ORDER AAHO-ADMIN-2015-001 - Adopting Rules to Govern Appeals and Hearings (September 1, 2015)
RULES TO GOVERN APPEALS AND HEARINGS (September 27, 2016)
1. Rules; Authority and Applicability.
2. Scope of Rules.
3. Petition; Parties; Cousel.
4. Disqualification.
5. Initiation of Proceedings; Service on Respondent; Pre-Hearing Motions.
6. Motions, Responses.
7. Filing of Documents.
7. Lodging of the Record; Supplementation or Correction of the Record.
8. Discovery; Privileges.
9. Service.
10. Computation of Time; Enlargement of Time; General Case Management Deadlines.
11. Pre-Hearing, Scheduling or Settlement Conference; Stipulations.
12. Scheduling of Hearing; Notice.
13. Subpoenas.
14. Ex Parte Communications.
15. Proceedings.
16. Exclusion of Witnesses.
17. Telephonic Hearings and Conferences.
18. Standard of Review.
19. Burden of Proof.
20. Briefs.
21. Witness Lists.
22. Conduct of Hearing.
22. Interpreters.
23. Orders.
24. Default.
25. Appeal.
26. Adjudicatory Record.
27. Fees and Costs.
TITLE 2. CIVIL PROCEDURE CODE
Title 2. CIVIL PROCEDURE CODE (1989)
History and Amendments
Sec. 2-1-101. Scope and Purpose.
Sec. 2-1-102. Commencement of Action.
Sec. 2-1-103. Process - Type of Service.
Sec. 2-1-104. Long Arm Statute.
Sec. 2-1-105. Pleadings.
Sec. 2-1-106. Computation of Time.
Sec. 2-1-107. General Rules of Pleading.
Sec. 2-1-108. Answers and Defenses - When and How Presented - Return for Trial.
Sec. 2-1-109. Counterclaim.
Sec. 2-1-110. Amendment of Pleadings.
Sec. 2-1-111. Intervention or Substitution of Parties.
Sec. 2-1-112. Deposition and Discovery.
Sec. 2-1-113. Injunctions.
Sec. 2-1-114. Assignment of Cases for Trial.
Sec. 2-1-115. Dismissal of Actions.
Sec. 2-1-116. Subpoenas.
Sec. 2-1-117. Evidence.
Sec. 2-1-118. Judgment.
Sec. 2-1-119. Default.
Sec. 2-1-120. New Trial.
Sec. 2-1-121. Stay of Proceedings to Enforce Judgment.
Sec. 2-1-122. Costs.
Sec. 2-1-123. Execution.
Sec. 2-1-124. Place of Trial.
Sec. 2-1-125. Forms.
Sec. 2-1-126. Court Rules.
Sec. 2-1-127. Selection of the Jury Trials.
Sec. 2-1-128. Title.
Sec. 4-1-121. Juries.
Southern Ute Civil Form #5
Article 2. PROTECTION ORDER CODE
Sec. 2-2-101. Declaration and Purpose.
Sec. 2-2-102. Emergency Protection Orders.
Sec. 2-2-103. Issuance of a Temporary Protection Order by the Tribal Court.
Sec. 2-2-104. Issuance of a Permanent Protection Order by the Tribal Court.
Sec. 2-2-105. Orders Protecting Intimate Partners; Limitation on Mutual Protection Orders; Effect.
Sec. 2-2-106. Modification or Dismissal of a Civil Protection order.
Sec. 2-2-107. Full Faith and Credit given to Foreign Protection and/or/ Protection orders.
Sec. 2-2-108. Registration of Foreign Protection orders.
Sec. 2-2-109. Peace Officers not Liable for Actions Taken to Enforce Orders.
Sec. 5-1-107. Offenses against the Administration of Government.
Sec. 4-1-115. Bail.
Resolution No. 96-44 (March 19, 1996)
Resolution No. 2007-66 (March 13, 2007)
Resolution No. 2010-84 (April 13, 2010)
TITLE 3. APPELLATE CODE
Resolution No. 2015-227 (November 17, 2015)
Title 3. APPELLATE CODE
History and Amendments
Sec. 3-1-101. Appeals Court.
Sec. 3-1-102. Right of Appeal.
Sec. 3-1-103. Filing an Appeal.
Sec. 3-1-104. Effect of Filing Notice of Appeal.
Sec. 3-1-105. Stay of Tribal Court Judgment.
Sec. 3-1-106. Record on Appeal.
Sec. 3-1-107. Sending the Record.
Sec. 3-1-108. Briefs.
Sec. 3-1-109. Motions.
Sec. 3-1-110. Filing and Service.
Sec. 3-1-111. Oral Argument.
Sec. 3-1-112. Standard of Review.
Sec. 3-1-113. Appellate Decision.
Sec. 3-1-114. Costs.
Sec. 3-1-115. Attorney's Fees.
Sec. 3-1-116. Post-Judgment Interest.
Sec. 3-1-117. Frivolous or Groundless Appeal - Damages and Costs.
Sec. 3-1-118. Application of State and Federal Law.
SOUTHWEST INTERTRIBAL COURT OF APPEALS (SWITCA) RULES OF APPELLATE PROCEDURE (Adopted June 22, 2001)
Rule 1. Scope of rules; tribal rules primary; no diminishment of tribal sovereignty.
Rule 2. Jurisdiction; composition of the court; chief judge; panels; judges' duties.
Rule 3. Authority of appellate court; matters which may be reviewed; advisory opinions.
Rule 4. Determining tribal law; determining questions of law other than tribal law.
Rule 5. Scope of or limitations on review.
Rule 6. Attorneys, counselors and advocates; admission to practice in the court of appeals; ethics code; conflict of interest; suspension or disbarment withdrawing from representing a client.
Rule 7. Suspension or extension of required time schedules.
Rule 8. Computation of time.
Rule 9. Pleadings; informality; handwritten; place of filing; copies; service of process; notice of service; filing; appellate court.
Rule 10. Fees; required payment.
Rule 11. Notice of appeal; where to file; timeliness; consolidated appeals; contents; parties; service; notice to court of appeals; death of party; counsel appointment; jurisdictional challenges; parties joining.
Rule 12. Acceptance or denial of appeal because of jurisdiction.
Rule 13. Interlocutory appeal; request for permission to file; timeliness.
Rule 14. Acceptance of interlocutory appeal; procedure; timeliness.
Rule 15. Certification of the record; duty of lower court; duty of appellate chief judge; parties to receive copy of certification.
Rule 16. Record for appeal; contents; transcription of audio recordings.
Rule 17. Appeal with no record; duty of appellate chief judge; parties to receive copies of certification.
Rule 18. Inadequate record.
Rule 19. Bond; when required; limits.
Rule 20. Stay of judgment or injunction pending appeal; motion; bond; appellate court motion.
Rule 21. Release pending appeal of a conviction; procedure; appellate court motion.
Rule 22. Reconsideration of decision to dismiss appeal; procedure; finality.
Rule 23. Writ of mandamus and prohibition; contents of petition; procedure; time limits; denial without action.
Rule 24. Writ of habeas corpus; contents of petition; procedure; time limits; denial without action.
Rule 25. Motions; where files; contents; certification of service; responses; emergencies.
Rule 26. Filing and serving briefs; schedule; failure to file.
Rule 27. Form and content of briefs; pro se parties.
Rule 28. Pre-hearing conference and order.
Rule 29. Oral argument; when allowed; withdrawal of request; order.
Rule 30. Oral argument hearing; notice; request for postponement or additional time; telephone conference; procedure; failure to appear.
Rule 31. Decision; content and form of judgment.
Rule 32. Entry of judgment.
Rule 33. Interest on money judgments.
Rule 34. Costs of appeal; requests for costs.
Rule 35. Petition for rehearing; contents of petition; procedure.
Rule 36. Voluntary dismissal; stipulation; motion.
Rule 37. Substitution of personal representative for a party.
Rule 38. Severability.
Rule 39. Rules by court of appeals.
Rule 40. Facsimile; transmission of documents; responsibility of transmitting party; hard copy required.
Rule 41. Definitions.
TITLE 4. CRIMINAL PROCEDURE CODE
Title 4. CRIMINAL PROCEDURE CODE (1989)
History and Amendments
Sec. 4-1-101. Definitions
Sec. 4-1-102. Complaint.
Sec. 4-1-103. Arrest.
Sec. 4-1-104. Notification of Rights at Time of Arrest.
Sec. 4-1-105. Arrest Without a Warrant.
Sec. 4-1-106. Officer Permitted to Break Into Dwelling House.
Sec. 4-1-107. Execution of the Warrant.
Sec. 4-1-108. Arrest Pursuant to a State Warrant or Summons.
Sec. 4-1-109. Summons in Lieu of Warrant.
Sec. 4-1-110. Issuance of a Search Warrant.
Sec. 4-1-111. Execution in Return of Search Warrant.
Sec. 4-1-112. Disposition of Seized Property.
Sec. 4-1-113. Search Without a Warrant.
Sec. 4-1-114. Arraignment.
Sec. 4-1-115. Bail.
Sec. 4-1-116. Withdrawal of Guilty Plea.
Sec. 4-1-117. Standards Governing Appearance of Attorneys and Counsel.
Sec. 4-1-118. Subpoenas.
Sec. 4-1-119. Joinder.
Sec. 4-1-120. Discovery.
Sec. 4-1-121. Juries. (Amended by Resolution No. 2010-52, March 9, 2010)
Sec. 4-1-122. Jury Requests.
Sec. 4-1-123. Order of Proceedings at Trial.
Sec. 4-1-124. Sentencing.
Sec. 4-1-125. Parole.
Sec. 4-1-126. New Trial.
Sec. 4-1-127. Dismissal.
Sec. 4-1-128. Service and Filing of Papers.
Sec. 4-1-129. Records.
Sec. 4-1-130. Procedure Not Otherwise Specified.
Sec. 4-1-131. Verdict.
Article 2. SPECIAL PROCEDURES RELATING TO JUVENILE DELINQUENTS
Sec. 4-2-101. Legislative Declaration.
Sec. 4-2-102. Definitions.
Sec. 4-2-103. Jurisdiction.
Sec. 4-2-104. Applicability of Other Provisions of the Criminal Procedure Code.
Sec. 4-2-105. Powers of the Court.
Sec. 4-2-106. Juvenile Offenses.
Sec. 4-2-107. Petitions.
Sec. 4-2-108. Arrest.
Sec. 4-2-109. Notification of Rights.
Sec. 4-2-110. Transfers from Other Courts.
Sec. 4-2-111. Informal Conference.
Sec. 4-2-112. Deferred Adjudications.
Sec. 4-2-113. Revocation of Deferred Adjudication.
Sec. 4-2-114. Medical, Psychological, and Substance Abuse Assessment.
Sec. 4-2-115. Pre-Adjudication Examination of Disabled Child.
Sec. 4-2-116. Adjudications.
Sec. 4-2-117. Information from Law Enforcement and Court Records.
Resolution No. 94-1 (January 4, 1994)
BIA letter (April 18, 1994)
BIA letter (April 25, 1994)
Resolution No. 98-115 (August 4, 1998)
Resolution No. 00-172 (September 27, 2000)
Attachment I
Attachment No. 2 - Article II. Special Procedures Relating to Juvenile Delinquents
Resolution No. 2007-66 (March 13, 2007)
Resolution No. 2010-52 (March 9, 2010)
4-1-122. Juries
Resolution No. 2010-84 (April 13, 2010)
TITLE 5. CRIMINAL CODE
Title 5. CRIMINAL CODE
History and Amendments
Sec. 5-1-101. Federal/Tribal Concurrent Jurisdiction.
Sec. 5-1-102. Attempt, Conspiracy, Solicitation.
Sec. 5-1-103. Offenses Against the Person.
Sec. 5-1-104. Offenses Against Property.
Sec. 5-1-105. Offenses Against the Family.
Sec. 5-1-106. Offenses Against Public Order and Decency.
Sec. 5-1-107. Offenses Against the Administration of Government.
Sec. 5-1-108. Offenses Relating to Animals.
Sec. 5-1-109. Offenses Against Public Health, Safety, Welfare and Morals.
Resolution No. 96-38 (March 13, 1996)
Resolution No. 98-115 (August 4, 1998)
Attachment 1
BIA Letter (November 1998)
Resolution No. 99-31 (February 23, 1999)
Resolution No. 00-172 (September 27, 2000)
Attachment No. 4 - Amendment of §5-1-1-105 of the Criminal Code (9/28/00)
Resolution No. 2010-84 (April 13, 2010)
Public Defender Guidelines - Administrative Order 03-001 (May 1, 2003)
TITLE 6. CHILDREN'S CODE (9/27/00)
Article 1. GENERAL PROVISIONS.
Sec. 6-1-101. Legislative Declaration.
Sec. 6-1-102. Interpretation.
Sec. 6-1-103. Definitions.
Sec. 6-1-104. Jurisdiction.
Sec. 6-1-105. Transfer.
Sec. 6-1-106. Reporting Suspected Child Abuse or Neglect.
Article 2. TRIBAL LAW ENFORCEMENT.
Sec. 6-2-101. Temporary Emergency Custody.
Sec. 6-2-102. Notification.
Sec. 6-2-103. Referral to Tribal Social Services.
Article 3. TRIBAL SOCIAL SERVICES.
Sec. 6-3-101. Authority.
Sec. 6-3-102. Duties.
Sec. 6-3-103. Access to Residence or Child.
Sec. 6-3-104. Child Protection Team Presentation.
Sec. 6-3-105. Notice of Findings.
Sec. 6-3-106. Tribal Court Appeals of Child Protection Team Determination.
Sec. 6-3-107. Stay of Appeal Proceedings.
Sec. 6-3-108. Report to Child Abuse Registry.
Article 4. CHILD PROTECTION TEAM.
Sec. 6-4-101. Purpose.
Sec. 6-4-102. Authority and Function.
Sec. 6-4-103. Confidentiality.
Sec. 6-4-104. Membership.
Sec. 6-4-105. Coordinator.
Sec. 6-4-106. Duties.
Article 5. THE CHILDREN'S COURT
Sec. 6-5-101. Establishment.
Sec. 6-5-102. Personnel.
Sec. 6-5-103. Authority.
Sec. 6-5-104. Rights of Parties.
Sec. 6-5-105. Identification of Natural Parents.
Sec. 6-5-106. Notice.
Sec. 6-5-107. Service of Process.
Sec. 6-5-108. Hearing Procedure.
Sec. 6-5-109. Emergency Protective Custody Order.
Sec. 6-5-110. Temporary Protective Custody.
Sec. 6-5-111. Temporary Protective Custody Orders.
Sec. 6-5-112. Confidentiality of Children's Court Records.
Article 6. DEPENDENCY, NEGLECT AND CHILDREN IN NEED OF SUPERVISION.
Sec. 6-6-101. Informal Resolution.
Sec. 6-6-102. Filing of Petitions.
Sec. 6-6-103. Adjudicatory/Dispositional Hearing.
Sec. 6-6-104. Evidentiary Standards.
Sec. 6-6-105. Adjudication.
Sec. 6-6-106. Dispositions Available to Court.
Sec. 6-6-107. Court Orders.
Sec. 6-6-108. Responsibility for Payment.
Sec. 6-6-109. Periodic Review Hearings.
Sec. 6-6-110. Dispositional/Permanency Planning Hearings.
Sec. 6-6-111. Additional Procedural Safeguards.
Sec. 6-6-112. Social Services Report.
Sec. 6-6-113. Review Orders.
Article 7. GUARDIANSHIP.
Sec. 6-7-101. Authority.
Sec. 6-7-102. Appointment of Guardian by Will.
Sec. 6-7-103. Temporary Guardianship.
Sec. 6-7-104. Permanent Guardianship.
Sec. 6-7-105. Visitation with Extended Family.
Sec. 6-7-106. Petition for Guardianship.
Sec. 6-7-107. Home Study and Report.
Sec. 6-7-108. Court Order.
Sec. 6-7-109. Inventory and Appraisal.
Sec. 6-7-110. Duties and Powers of Guardians.
Sec. 6-7-111. Statute of Limitations.
Sec. 6-7-112. Compensation.
Sec. 6-7-113. Management of the Child's Property.
Sec. 6-7-114. Termination of Guardianship and Discharge/Replacement of Guardian.
Article 8. TERMINATION OF PARENTAL RIGHTS.
Sec. 6-8-101. Legislative Declaration and Purpose.
Sec. 6-8-102. Voluntary Relinquishment.
Sec. 6-8-103. Placement of Child Following Voluntary Relinquishment of Parental Rights.
Sec. 6-8-104. Involuntary Termination.
Sec. 6-8-105. Involuntary Termination Factors.
Sec. 6-8-106. Petitions for Involuntary Termination.
Sec. 6-8-107. Notice.
Sec. 6-8-108. Representation by Counsel.
Sec. 6-8-109. Termination Hearing Report.
Sec. 6-8-110. Grounds for Termination.
Sec. 6-8-111. Court Order.
Sec. 6-8-112. Effects of Termination Order.
Sec. 6-8-113. Placement of Child Following Involuntary Termination.
Sec. 6-8-114. Review Hearings.
Article 9. ADOPTION.
Sec. 6-9-101. Legislative Declaration and Purpose.
Sec. 6-9-102. Availability for Adoption.
Sec. 6-9-103. Petition for Adoption.
Sec. 6-9-104. Placement Pending Adoption.
Sec. 6-9-105. Contents of Pre-Adoption Home Study.
Sec. 6-9-106. Hearings.
Sec. 6-9-107. Court Orders.
Sec. 6-9-108. Legal Effects of Final Decree of Adoption.
Sec. 6-9-109. Official Records.
Sec. 6-9-110. Compensation.
Sec. 6-9-111. Reversing a Final Decree of Adoption.
BIA Letter (12/14)
Resolution No. 2014-215 (November 4, 2014)
Amending Title 6, Article 3, Sections 104, 105, 106, 107 and 108
POLICY AND PROCEDURE FOR PAYMENT OF MINORS' PER CAPITA NOT SUBJECT TO INVESTMENT
I. Purpose.
II. Definitions.
III. Roles & Responsibilities.
IV. Policy.
V. Procedure.
VI. Use of Subsistence Accounts.
Resolution No. 00-111 (June 28, 2000)
TITLE 7. DOMESTIC RELATIONS CODE
Title 7. DOMESTIC RELATIONS CODE
History and Amendments
Sec. 7-1-101. Jurisdiction.
Sec. 7-1-102. Existing Marriages.
Sec. 7-1-103. Marriage.
Sec. 7-1-104. Marriage License.
Sec. 7-1-105. Marriage Ceremony - Who May Perform.
Sec. 7-1-106. Marriage Ceremony.
Sec. 7-1-107. Void Marriages.
Sec. 7-1-108. Annulment.
Sec. 7-1-109. Statute of Limitations on Actions to Annul.
Sec. 7-1-110. Legitimacy of the Children.
Sec. 7-1-111. Dissolution of Marriage.
Sec. 7-1-112. Temporary Order.
Sec. 7-1-113. Separation Agreement.
Sec. 7-1-114. Disposition of Property.
Sec. 7-1-115. Alimony.
Sec. 7-1-116. Temporary Orders for Custody.
Sec. 7-1-117. Interviews.
Sec. 7-1-118. Affidavit Practice.
Sec. 7-1-119. Investigations and Reports.
Sec. 7-1-120. Hearings.
Sec. 7-1-121. Visitation.
Sec. 7-1-122. Modification of Custody.
Sec. 7-1-123. Statutory Interpretation.
Sec. 7-1-124. Child Support.
Sec. 7-1-125. Representation of Child.
Sec. 7-1-126. Paternity Proceedings.
Sec. 7-1-127. Attorney's Fees.
Sec. 7-1-128. Decree.
Sec. 7-1-129. Modification and Termination of Provisions for Maintenance, Support and Property Disposition.
Sec. 7-1-130. Commencement of Custody Proceedings.
Sec. 7-1-131. Adoption.
Sec. 7-1-132. Placement for Purpose of Adoption.
Sec. 7-1-133. Written Consent and Report.
Sec. 7-1-134. Petition for Adoption.
Sec. 7-1-135. Petition, Written Reports.
Sec. 7-1-136. Hearing on Petition for Adoption.
Sec. 7-1-137. Legal Effects on Petition for Adoption.
Sec. 7-1-138. Copies of Order of Adoption - To Whom Given.
Sec. 7-1-139. Compensation for Placing Child Prohibited.
Sec. 7-1-140. The Statute of Limitations - Adoption.
Sec. 7-1-141. Change of Name.
Sec. 7-1-142. Short Title.
Memo - Tribal Recognition of Common Law Marriages (April 14, 1995)
Resolution No. 00-172 (September 27, 2000)
Attachment 3 - Child Support Provisions for Inclusion in Domestic Relations Code (2000)
Certification for blood tests
TITLE 8. PROTECTIVE CUSTODY CODE
Title 8. PROTECTIVE CUSTODY CODE
History and Amendments
Article 1. GUARDIANSHIP
Sec. 8-1-101. Jurisdiction.
Sec. 8-1-102. Petition.
Sec. 8-1-103. Notice.
Sec. 8-1-104. Requirements.
Sec. 8-1-105. Security for Faithful Performance of Duty.
Sec. 8-1-106. Oath, Letters of Guardianship.
Sec. 8-1-107. Inventory and Appraisal.
Sec. 8-1-108. Annual Accounting.
Sec. 8-1-109. Guardian's Compensation.
Sec. 8-1-110. Powers and Responsibilities of Guardians.
Sec. 8-1-111. Discharge of Guardian.
Sec. 8-1-112. Guardianship Records.
Sec. 8-1-113. Guardianship of Trust Property.
Sec. 8-1-114. Temporary Guardianship and Custody.
Article 2. MENTAL HEALTH SERVICE
Sec. 8-2-101. Voluntary Application for Mental Health Services.
Sec. 8-2-102. Rights of Respondents.
Sec. 8-2-103. Emergency Procedure.
Sec. 8-2-104. Guardian for Legal Proceedings.
Sec. 8-2-105. Court Ordered Evaluation for Mentally Ill Persons.
Sec. 8-2-106. Certification for Treatment.
Sec. 8-2-107. Hearing Procedure.
Sec. 8-2-108. Extension of Term of Treatment.
Sec. 8-2-109. Termination of Treatment.
Sec. 8-2-110. Right to Treatment.
Sec. 8-2-111. Rights of Persons Receiving Evaluation, Care and Treatment.
Sec. 8-2-112. Charges for Patients.
Sec. 8-2-113. Cost Determination.
Article 3. ALCOHOLISM AND INTOXICATION TREATMENT
Sec. 8-3-101. Policy.
Sec. 8-3-102. Definitions.
Sec. 8-3-103. Powers of the Southern Ute Indian Tribal Council.
Sec. 8-3-104. Duties of the Southern Ute Indian Tribal Council.
Sec. 8-3-105. Standards for Public and Private Treatment Facilities, Enforcement Procedures and Penalties.
Sec. 8-3-106. Acceptance of Treatment - Rules.
Sec. 8-3-107. Voluntary Treatment of Alcoholics.
Sec. 8-3-108. Treatment and Services for Intoxicated Persons and Persons Incapacitated by Alcohol.
Sec. 8-3-109. Emergency Commitment.
Sec. 8-3-110. Involuntary Commitment.
Sec. 8-3-111. Records of an Alcoholic or Intoxicated Person.
Sec. 8-3-112. Visitation and Communication of Patients.
Sec. 8-3-113. Payment for Treatment, Financial Ability of Patients.
Sec. 8-3-114. Criminal Laws - Limitations.
Article 4. ELDER AND AT-RISK ADULT PROTECTION
Sec. 8-4-101. Policy.
Sec. 8-4-102. Purpose.
Sec. 8-4-103. Definitions.
Sec. 8-4-104. Duty to Report.
Sec. 8-4-105. Reporting Self-Neglect.
Sec. 8-4-106. Notification of Other Agencies.
Sec. 8-4-107. Failure to Report.
Sec. 8-4-108. Immunity for Reporting.
Sec. 8-4-109. Bad Faith Report.
Sec. 8-4-110. Offer of Services.
Sec. 8-4-111. Rights of Elders, At-Risk Adults, Their Families and Caretakers.
Sec. 8-4-112. Confidentiality of Reporter, Records, Hearings, Penalties for Noncompliance.
Sec. 8-4-113. Privileged Communication.
Sec. 8-4-114. Investigation.
Sec. 8-4-115. Report.
Sec. 8-4-116. Coordination of Investigation.
Sec. 8-4-117. Emergency Removal.
Sec. 8-4-118. Petition for an Emergency Adult Protection Order.
Sec. 8-4-119. Emergency Adult Protection Order.
Sec. 8-4-120. Emergency Adult Protection Order Hearing.
Sec. 8-4-121. Long-Term Adult Protection Order Procedures.
Sec. 8-4-122. Long-Term Adult Protection Order.
Sec. 8-4-123. Elder and At-risk Adult Protection Team.
Sec. 8-4-124. Membership.
Sec. 8-4-125. Coordinator.
Sec. 8-4-126. Duties.
Sec. 8-4-127. Confidentiality.
Sec. 8-4-128. Criminal Prosecutions.
Resolution No. 2004-53 (February 24, 2004)
Resolution No. 98-115 (August 4, 1998)
Attachment 1
TITLE 9. PROBATE CODE
History and Amendments
Sec. 9-1-101. Short Title.
Sec. 9-1-102. Purposes, Rules of Construction.
Sec. 9-1-103. Effect of Fraud and Evasion.
Sec. 9-1-104. Evidence as to Death.
Sec. 9-1-105. Jurisdiction.
Sec. 9-1-106. Small Estates.
Sec. 9-1-107. Effect of Affidavits.
Sec. 9-1-108. Small Estate Administration.
Sec. 9-1-109. Small Estate Closing Statement.
Sec. 9-1-110. Reference to Other Law.
Sec. 9-1-111. Administration of Estates Other Than Small Estates.
Sec. 9-1-112. Wills.
Sec. 9-1-113. Claims.
Sec. 9-1-114. Distribution.
Sec. 9-1-115. Descent and Distribution.
Sec. 9-1-116. Expenses and Fees of Probate.
Resolution No. 94-11 (January 25, 1994)
BIA letter (April 29, 1994)
BIA letter (May 11, 1994)
TITLE 10. EXCLUSION AND REMOVAL CODE
Title 10. EXCLUSION AND REMOVAL CODE
History and Amendments
Sec. 10-1-101. Persons Subject to Exclusion and Removal.
Sec. 10-1-102. Grounds for Exclusion and Removal.
Sec. 10-1-103. Proceedings for Exclusion and Removal.
Sec. 10-1-104. Hearings for Exclusion and Removal.
BIA Letter (December 12, 2014)
Resolution No. 2014-215 (April 4, 2014)
Amending Title 10, sections 103, 104, 105, and 106
Ordinance No. 96-01 - Removal Procedures Ordinance (June 18, 1996)
Resolution No. 96-96 (June 18, 1996)
TITLE 11. ELECTION CODE
Article 1. GENERAL PROVISIONS.
Sec. 11-1-101. Applicability.
Sec. 11-1-102. Gender.
Sec. 11-1-103. Qualifications to Vote.
Sec. 11-1-104. Registration.
Sec. 11-1-105. Types and Dates of Elections.
Sec. 11-1-106. Terms of Office.
Sec. 11-1-107. Qualifications for Tribal Office.
Article 2. ELECTION BOARD
Sec. 11-2-101. Membership.
Sec. 11-2-102. Qualifications.
Sec. 11-2-103. Conflict of Interest and Appearance of Impropriety.
Sec. 11-2-104. Removal and Vacancies.
Sec. 11-2-105. Officers.
Sec. 11-2-106. Duties.
Sec. 11-2-107. Political Activities Prohibited.
Article 3. FILING AS A CANDIDATE
Sec. 11-3-101. Statements of Intention and Releases.
Sec. 11-3-102. Determination of Election Board.
Article 4. ELECTION PROCEDURES.
Sec. 11-4-101. Selection of Polling Place.
Sec. 11-4-102. Notice of Election.
Sec. 11-4-103. Ballots.
Sec. 11-4-104. Voting Procedures.
Sec. 11-4-105. Voter Conduct at the Election.
Sec. 11-4-106. Prohibition Against Campaign Activity.
Article 5. ABSENTEE VOTING
Sec. 11-5-101. Eligibility for Absentee Ballot.
Sec. 11-5-102. Application for Absentee Ballot.
Sec. 11-5-103. Absentee Ballot Return Envelope.
Sec. 11-5-104. Absentee Voter Records.
Sec. 11-5-105. Election Board Absentee Ballot Procedures.
Sec. 11-5-106. Absentee Voting Procedures.
Sec. 11-5-107. Emergency Absentee Voting Procedures.
Article 6. DETERMINATION OF ELECTION OUTCOME
Sec. 11-6-101. Count of Ballots.
Sec. 11-6-102. Request for Recount.
Article 7. CERTIFICATION OF ELECTION RESULTS
Sec. 11-7-101. Action by Election Board.
Sec. 11-7-102. Action by Tribal Council.
Sec. 11-7-103. Right to Contest.
Article 8. RECALL ELECTIONS
Sec. 11-8-101. Petition.
Sec. 11-8-102. Election Board Verification of the Recall Petition.
Sec. 11-8-103. Recall Elections.
Article 9. REFERENDA
Sec. 11-9-101. Petition.
Sec. 11-9-102. Election Board Verification of the Referendum Petition.
Sec. 11-9-103. Referendum.
Article 10. SPECIAL ELECTIONS
Sec. 11-10-101. Rules Applicable.
Sec. 11-10-102. Run-off Election.
Sec. 11-10-103. Special Election to Fill a Vacancy in the Position of a Southern Ute Indian Tribal Council Member of Tribal Chairman.
Article 11. ELECTION DISPUTES
Sec. 11-11-101. Filing Complaint of Irregularity.
Sec. 11-11-102. Complaints of Election Irregularity.
Article 12. JUDICIAL REVIEW OF ELECTION BOARD ORDER ON COMPLAINT OF ELECTION IRREGULARITY
Sec. 11-12-101. Jurisdiction.
Sec. 11-12-102. Procedure.
Sec. 11-12-103. Notice.
Sec. 11-12-104. Standard and Scope.
Sec. 11-12-105. Costs and Attorneys Fees.
Sec. 11-12-106. Waiver of Officer and Employee Immunity.
Article 13. ELECTION OFFENSES
Sec. 11-13-101. Offenses Defined.
Sec. 11-13-102. Penalties.
Article 14. ACCESS TO ELECTION BOARD RECORDS
Sec. 11-14-101. Inspection of Records.
Sec. 11-14-102. Confidential Records.
TITLE 12. RANGE CODE
History and Amendments
Sec. 12-1-101. Purpose
Sec. 12-1-102. Jurisdiction.
Sec. 12-1-103. Definitions.
Sec. 12-1-104. Grazing Capacity.
Sec. 12-1-105. Range Units.
Sec. 12-1-106. Grazing Permits.
Sec. 12-1-107. Permit Maps, Range Control Stipulations.
Sec. 12-1-108. Grazing Fees.
Sec. 12-1-109. Range Operation and Management.
Sec. 12-1-110. Range Improvements and Development.
Sec. 12-1-111. Violation and Enforcement.
Sec. 12-1-112. Short Title.
BIA Letter (December 12, 2014)
Resolution No. 2014-215 (November 4, 2014)
Amending Title 12, sections 105, 106, and 107
TITLE 13. WILDLIFE CONSERVATION CODE
Article 1. DEFINITIONS, ORGANIZATION, REGULATIONS
Sec. 13-1-101. General.
Sec. 13-1-102. Definitions.
Sec. 13-1-103. The Southern Ute Division of Wildlife Resource Management.
Sec. 13-1-104. The Southern Ute Natural Resources Enforcement Division.
Sec. 13-1-105. Conflict of Interest.
Sec. 13-1-106. Fish and Wildlife Regulations.
Sec. 13-1-107. Publication of Fish and Wildlife Regulations.
Sec. 13-1-108. Emergency Regulations.
Article 2. PERMIT REQUIREMENTS
Sec. 13-2-101. Hunting, Fishing and Trapping Permit Requirements for Tribal Members.
Sec. 13-2-102. Hunting, Fishing and Trapping Permit Requirements for Nonmembers of the Tribe.
Sec. 13-2-103. Hunter Safety Training Course.
Sec. 13-2-104. Sale of Permits and Tags.
Sec. 13-2-105. Denial Suspension and Revocation of Permit Privileges.
Sec. 13-2-106. Administrative Appeal.
Sec. 13-2-107. Judicial Review.
Article 3. OFFENSES
Sec. 13-3-101. Disobeying a Natural Resources Enforcement Officer.
Sec. 13-3-102. Failing to Provide Sex Identification of Carcass of Wildlife.
Sec. 13-3-103. Failing to Tag Wildlife Property.
Sec. 13-3-104. Failing to Wear Daylight or Fluorescent Orange Garments.
Sec. 13-3-105. Guiding or Outfitting Offenses.
Sec. 13-3-106. Hunting or Fishing Outside Legal Hours.
Sec. 13-3-107. Hunting, Fishing or Trapping During Closed Season.
Sec. 13-3-108. Hunting, Fishing or Trapping in a Closed Area.
Sec. 13-3-109. Hunting or Trapping on Private Property or Tribal Land Assignment Without Permission.
Sec. 13-3-110. Accessing a Stream for Fishing and Fishing Outside Designated Access and Fishing Easements.
Sec. 13-3-111. Hunting, Fishing or Trapping Without Required Permit or Tag.
Sec. 13-3-112. Harassing Wildlife.
Sec. 13-3-113. Making a False Statement In Obtaining a Permit.
Sec. 13-3-114. Altering A Permit.
Sec. 13-3-115. Permitting Unauthorized Non-Tribal Member on Reservation.
Sec. 13-3-116. Illegal Introduction or Export of Wildlife.
Sec. 13-3-117. Purchasing, Selling, Bartering, Trading or Exchanging Wildlife for Profit.
Sec. 13-3-118. Refusing to Allow Inspection.
Sec. 13-3-119. Failure to Stop at a Check Station.
Sec. 13-3-120. Spotlighting.
Sec. 13-3-121. Taking Wildlife Other Than By Methods Prescribed.
Sec. 13-3-122. Unlawful Taking or Possession of Wildlife.
Sec. 13-3-123. Using a Dog to Take Wildlife.
Sec. 13-3-124. Using a Permit or Tag Not Issued to a Party.
Sec. 13-3-125. Using a Motor Vehicle or Aircraft for the Purpose of Hunting.
Sec. 13-3-126. Shooting From a Motor Vehicle.
Sec. 13-3-127. Using Illegal Firearms or Ammunition.
Sec. 13-3-128. Using Nets, Trotlines or Traps.
Sec. 13-3-129. Baiting Wildlife.
Sec. 13-3-130. Using Wildlife as Bait.
Sec. 13-3-131. Wastage of Wildlife Meat.
Sec. 13-3-132. Wounding of Animals.
Sec. 13-3-133. Crossing a Closed Road.
Sec. 13-3-134. Driving Off Established Roads.
Sec. 13-3-135. Exceeding Bag or Possession Limits.
Sec. 13-3-136. Taking Undersized Fish.
Sec. 13-3-137. Use of Calling Devices.
Sec. 13-3-138. Shooting from the Road.
Sec. 13-3-139. Obtaining Permit When Already Revoked.
Sec. 13-3-140. Failure to Comply With a Permit.
Sec. 13-3-141. Hunting or Possessing a Firearm While Under the Influence of, or While Ability is Impaired by, Alcohol or Drugs.
Sec. 13-3-142. Impersonating a Law Enforcement Officer.
Sec. 13-3-143. Possessing a Loaded Firearm in a Motor Vehicle.
Sec. 13-3-144. Refusing to Allow Inspection of Chamber.
Sec. 13-3-145. Willful Destruction of Wildlife.
Sec. 13-3-146. Intentional Interference with Lawful Activities.
Sec. 13-3-147. Omnibus Provision.
Article 4. PENALTIES AND PROCEDURES
Sec. 13-4-101. Civil Penalties.
Sec. 13-4-102. Civil Penalty Assignment.
Sec. 13-4-103. Criminal Penalties.
Sec. 13-4-104. Statute of Limitations.
Article 5. EVIDENCE AND ADDITIONAL PENALTIES
Sec. 13-5-101. Possession of Presumptive Evidence.
Sec. 13-5-102. Additional Penalties.
Sec. 13-5-103. Seizure.
Sec. 13-5-104. Forfeiture.
Sec. 13-5-105. Disposal of Confiscated Items.
Article 6. SHORT TITLE
Sec. 13-6-101. Short Title.
Schedule of Civil Penalties & Permit Denial, Suspension And/Or Revocation Points
Resolution No. 2002-215 (December 11, 2002)
Resolution No. 2007-78 (April 3, 2007)
TITLE 14. TRAFFIC CODE [2018, Not yet approved by BIA]
ARTICLE 1. GENERAL PROVISIONS
14-1-10 l. JURISDICTION
14-1-102. SHORTTITLE
14-1-103. SCOPE
14-1-104. MEANS OF EXERCISING JURISDICTION
ARTICLE 2. DEFINITIONS
14-2-101. DEFINITIONS
ARTICLE 3. APPLICABLE PROCEDURES
14-3-101. CRIMINAL OFFENSES BY INDIANS
14-3-102. CIVIL TRAFFIC INFRACTIONS BY ANY PERSON
14-3-103. CIVIL PENALTY ASSESSMENT CITED TO ANY PERSON
14-3-104. VIOLATIONS BY MINORS
(1) Criminal Traffic Offenses by Indian Minors
(2) Civil Penalty Assessments Issued to Minors
14-3-105. APPLICATION OF STATE LAW
14-3-106. BURDEN OF PROOF
ARTICLE 4. ALCOHOL AND DRUG DRIVING OFFENSES
14-4-101. DRIVING UNDER THE INFLUENCE, DRIVING WHILE ABILITY IMPAIRED, AND AGGRAVATED DRIVING UNDER THE INFLUENCE
(1) Driving Under the Influence (DUI)
(2) Driving While Ability Impaired (DWAI)
(3) Aggravated DUI
(4) Criminal Traffic Offense Sentencing and Administrative Proceedings
14-4-102. BLOOD ALCOHOL LEVEL INFERENCES
(1) Blood Alcohol Content (BAC)
(2) Percent by Weight of Alcohol Per Volume
(3) Inferences Rebuttable
14-4-103. CHEMICAL TESTS FOR ALCOHOL AND DRUGS
(1) Express Consent
(2) Alcohol Tests
(3) Drug Tests
14-4-104. EXPRESS CONSENT NOTICE
14-4-105. REFUSAL
(1) Failure to Cooperate
(2) Admissibility of Refusal
(3) Driving Privilege Revocation
14-4-106. ADMINISTRATION AND ADMISSIBILITY OF CHEMICAL TESTS
(1) Administration of Chemical Test
(2) Admissibility
14-4-107. DETOXIFICATION FACILITY
ARTICLE 5. DRIVING PRIVILEGE REVOCATIONS
14-5-101. PURPOSES
(1) Public Safety
(2) Due Process
14-5-102. GROUNDS FOR REVOCATION
(1) Drove with a BAC of 0.08 or More
(2) Refused a Test
14-5-103. REVOCATIONS INDEPENDENT OF CRIMINAL CHARGES
14-5-104. PERIODS OF REVOCATION
(1) DUI (BAC of 0.08 or more)
(2) BAC Underage (BAC in excess of 0.02)
(3) BAC Commercial Driver's License
(4) Refusals
(5) Multiple Restraints and Conditions on Driving Privileges
(6) Restricted and Probationary Licenses
14-5-105. ADMINISTRATION
14-5-106. ISSUING NOTICES OF REVOCATION AND TEMPORARY PERMITS BY PEACE OFFICERS
(J) Notices of Revocation
(2) Service of Notice
(3) Content of Notice
(4) Seizing Colorado Licenses
(5) Temporary Driving Permits Pending a Hearing Request
14-5-107. DOCUMENTATION
14-5-108. REQUEST FOR HEARING
(1) Time Frame for Request
(2) Request Received After the Seven Day Period
14-5-109. TEMPORARY PERMITS FOLLOWING A HEARING REQUEST
(1) Temporary Permits
(2) Temporary Permits for Delays
(3) Copies to SUPD
14-5-110. WHEN NO HEARING IS REQUESTED
14-5-111. SERVICE OF ORDERS OF REVOCATION AND RESCISSION
14-5-112. ADMINISTRATIVE HEARINGS
(1) Time
(2) Notice
(3) Presence at Hearing
(4) Hearing Recorded
(5) Records
14-5-113. HEARING PROCEDURES
(1) Evidence
(2) Hearing Officer's Authority at Hearing
14-5-114. DETERMINATION AT HEARING
(1) Basis for Determination
(2) Revocation for Excessive Blood Alcohol Determinations
(3) Refusal Determinations
14-5-115. FINAL ORDER FOLLOWING HEARING
14-5-116. JUDICIAL REVIEW OF HEARING OFFICER DETERMINATIONS
(1) Time
(2) Scope of Judicial Review
(3) Stay of Revocation Order
(4) Appellate Review of Tribal Court Decision
14-5-117. FORWARDING DRIVER'S LICENSES AND ORDERS TO THE STATE
(1) State Recognition of Tribal Revocations
(2) State Recognition of Tribal Court and Appellate Court Orders
14-5-118. RESTRICTED AND PROBATIONARY LICENSES GRANTED BY A STATE
(1) Applying for Restricted or Probationary Licenses
(2) Driving with a Restricted or Probationary License
14-5-119. NOTICE OF COMPLETION OF THE PERIOD OF REVOCATION
(1) Completion of Revocation
(2) Reinstatement of State Driving Privileges
ARTICLE 6. OTHER CRIMINAL TRAFFIC OFFENSES
14-6-101. VEHICULAR ASSAULT
14-6-102. VEHICULAR HOMICIDE
14-6-103. RECKLESS DRIVING
14-6-104. CARELESS DRIVING
14-6-105. CARELESS DRIVING RESULTING IN DEATH OR SERIOUS BODILY INJURY
14-6-106. ELUDING
14-6-107. FAILURE TO STOP FOR SCHOOL BUS
14-6-108. IMPEDING FIRE RESPONSE VEHICLES
14-6-109. THROWING OR DROPPING OBJECTS AT MOVING MOTOR VEHICLES
ARTICLE 7. LICENSING AND REGISTRATION
14-7-101. REQUIREMENT OF DRIVER'S LICENSE, INSTRUCTION PERMIT, OR RESERVATION DRIVING
PRIVILEGES
14-7-102. OPERATING A MOTOR VEHICLE IN VIOLATION OF LICENSE RESTRICTIONS
14-7-103. MANDATORY AND VOLUNTARY RESTRICTED LICENSES FOR ALCOHOL RELATED OFFENSES
14-7-104. UNLAWFUL USE OF LICENSE
14-7-105. UNLAWFUL USE OF MOTOR VEHICLE BY UNLICENSED DRIVER
14-7-106. DRIVING UNDER CANCELLATION, SUSPENSION, REVOCATION, OR DENIAL
14-7-107. DRIVING WITH A FICTITIOUS, FRAUDULENTLY OBTAINED OR FRAUDULENTLY ALTERED LICENSE
14-7-108. LICENSE PLATES REQUIRED
14-7-109. UNREOISTERED·MOTOR VEHICLES
ARTICLE 8. BICYCLES, ANIMALS, SNOWMOBILES, AND OFF-HIGHWAY VEHICLES
14-8-101. BICYCLES ON HIGHWAYS
14-8-102. RIDING, LEADING OR DRIVING ANIMALS ON HIGHWAY
14-8-103. SNOWMOBILE OPERATION
14-8-104. OFF-HIGHWAY VEHICLE OPERATION
14-8-105. SEIZURE/CIVIL FORFEITURE OF SNOWMOBILES AND OFF-HIGHWAY VEHICLES
ARTICLE 9. PEDESTRIANS
14-9-101. WALKING ALONG AND UPON HIGHWAYS
14-9-102. PEDESTRIANS IN ROADWAY
ARTICLE 10. EQUIPMENT & SIGNAGE
14-10-101. UNSAFE MOTOR VEHICLES AND EQUIPMENT
14-10-102. INSPECTION OF MOTOR VEHICLES
14-10-103. HEADLIGHTS AND TAILLIGHTS USE AND OPERATION
(1) Headlights
(2) Headlight Illumination
(3) Tail Lights
(4) Tail Light Location and Use
(5) License Plate Light
14-10-104. WINDOWS - UNOBSTRUCTED VIEW
14-10-105. FAILURE TO WEAR SAFETY BELT
14-10-106. FAILURE TO USE CHILD RESTRAINT SYSTEM
14-10-107. TRANSPORTING EXPLOSIVE AND HAZARDOUS CARGO
14-10-108. DRIVING SLOW-MOVING MOTOR VEHICLES ON HIGHWAY
14-10-109. SIGNAGE & EQUIPMENT FOR SCHOOL BUS
ARTICLE 11. YIELDING RIGHT-OF-WAY
14-11-101. FAILURE TO YIELD RIGHT-OF-WAY AT INTERSECTIONS
14-11-102. FAILURE TO YIELD R.!GHT-OF-WAYWHILE MAKING LEFT TURNS
14-11-103. FAILURE TO OBEY STOP SIGNS OR LIGHTS
14-11-104. FAILURE TO YIELD RIGHT-OF-WAY REQUIRED BY YIELD SIGNS
14-11-105. FAILURE TO YIELD RIGHT-OF-WAY AT ENTRY FROM OFF·ROAD
14-11-106. FAILURE TO YIELD RIGHT-OF-WAY TO EMERGENCY VEHICLES
14-11-107. APPROACHING STATIONARY EMERGENCY VEHICLE OR STATIONARY TOWING CARRIER VEHICLE
(1) Use Caution When Approaching Stationary Emergency Vehicles or Stationary Towing Carrier Vehicles
14-11·108. FAILURE TO YIELD RIGHT-OF-WAY IN HIGHWAY WORK AREA
14-11-109. FAILURE TO YJELD RIGHT-OF-WAYTO PEDESTRIANS
ARTICLE 12. TURNING, STOPPING, AND BACKING
14-12-101. UNLAWFUL TURNING
14-12-102. UNLAWFUL U-TURNS
14-12-103. TURN SIGNALS
14-12-104. LIMITATIONS ON BACKING
ARTICLE 13. DRIVING AND PASSING
14-13-101. DRIVING ON THE RIGHT
14-13-102. PASSING ON THE LEFT
14-13-103. PASSING ON THE RIGHT
14-13-104. PASSING BICYCLES
14-13-105. FAILURE TO OBEY ONE-WAY TRAFFIC RESTRICTION
14-13-106. FOLLOWING Too CLOSELY
ARTICLE 14. SPEED REGULATIONS
14-14-101. SPEEDING
14-14-102. FAILURE TO DRIVE AT MINIMUM SPEEDS
14-14-103. SPEED CONTESTS
14-14-104. ROADS WITH UNPOSTED SPEED LIMITS
ARTICLE 15. STANDING OR PARKING
14-15-101. UNSAFE MOVING OF A PARKED MOTOR VEHICLE
14-15-102. PARKING OR STANDING ON ROADWAYS
14-15-103. PARKING, STOPPING, OR STANDING
14-15-104. ABANDONED MOTOR VEHICLE
14-15-105. REMOVING MOTOR VEHICLES
14-15-106. UNLAWFUL PARKING IN DESIGNATED HANDICAPPED SPACE
14-15-107. OPENING MOTOR VEHICLE DOORS
14-15-108. TRIBAL ELDER PARKING
(1) Marked Spaces
(2) Authorized Users
(3) Space Use
ARTICLE 16. MOTORCYCLES AND OFF-HIGHWAY VEHICLES
14-16-101. RIGHTS AND DUTIES OF PERSONS OPERATING MOTORCYCLES AND 0FF·HIGHWAY VEHICLES
14-16-102. FAILURE TO WEAR PROTECTIVE EYEWEAR AND HELMETS
14-16-103. OPERATING MOTORCYCLES ON ROADWAYS LANED FOR TRAFFIC
14-16-104. ATTACHING MOTORCYCLES OR OFF·HIGHWA Y VEHICLES TO OTHER MOTOR VEHICLES
ARTICLE 17. MISCELLANEOUS PROVISIONS
14-17-101. LITTERING OR DEPOSITING DESTRUCTIVE OR INJURIOUS MATERIAL
14-17-102. FAILURE TO COVER LOADS
14-17-103. PASSENGERS
14-17-104. SIGNALS, SIGNS, MARKINGS
14-17-105. EMERGENCY VEHICLE EXEMPTION
14-17-106. FAILURE OR REFUSAL TO COMPLY WITH PEACE OFFICER
ARTICLE 18. BREAKDOWNS AND ACCIDENTS
14-18-101. DUTY TO MARK BREAKDOWNS AND STOPS
14-18-102. EMERGENCY LIGHTING EQUIPMENT FOR CERTAIN TRUCKS AND PASSENGER BUSES
14-18-103. FAILURE TO REMAIN AT ACCIDENT SCENES INVOLVING DEATH OR PERSONAL INJURY
14-18-104. FAILURE TO REPORT ACCIDENTS RESULTING IN PROPERTY DAMAGE, INJURY, OR DEATH
14-18-105. FAILURE TO REPORT ACCIDENTS WITH UNATTENDED MOTOR VEHICLES OR PROPERTY
14-18-106. ACCIDENTS WITH FIXTURES OR OFFICIAL TRAFFIC CONTROL DEVICES
ARTICLE 19. MANDATORY INSURANCE
14-19-101. INSURANCE REQUIRED TO OPERATE A MOTOR VEHICLE
ARTICLE 20. PENALTIES
14-20-101. CIVIL ASSESSMENT FEES
14-20-102. CRIMINAL TRAFFIC OFFENSE PENALTIES
14-20-103. REPORTS OF VIOLATIONS
14-20-104. OTHER REMEDIES
Schedule of civil penalites for violations of the civil traffic infractions of the Southern Ute Indian Tribe Traffic Code (July 31, 2018)
Schedule of criminal penalites for criminal-offense violations of the Southern Ute Indian Tribe Traffic Code (July 31, 2018)
SUIT Tribal Member (only) OHV Designated Roads
Administrative Appeals and Hearings Office
Rules for Public Access to Driver's License Revocation Records (September 10, 2020)
1. Rules; Authority and Applicability.
2. Scope of Rules.
3. Records.
4. Procedure for Records Requests.
5. Denial of Requests.
6. No Cause of Action; Sovereign Immunity.
TITLE 15. ENFORCEMENT OF SECURED TRANSACTIONS
History and Amendments
Article 1. FORECLOSURE OF SECURED OBLIGATIONS.
Sec. 15-1-101. Self-Help Remedies Eliminated.
Sec. 15-1-102. One Action to Foreclose Security Interest.
Sec. 15-1-103. Action to Foreclose Interest in Personal Property.
Sec. 15-1-104. Action to Foreclose Mortgage.
Sec. 15-1-105. Sale of Property - Notice.
Sec. 15-1-106. Conduct of Sale.
Sec. 15-1-107. Return on Sale.
Sec. 15-1-108. Title to Real Property.
Sec. 15-1-109. Redemption.
Sec. 15-1-110. Surpluses and Deficiencies from Sales.
Article 2. ACTIONS TO RECOVER POSSESSION OF REAL PROPERTY.
Sec. 15-2-101. Self-Help Remedies Forbidden.
Sec. 15-2-102. Definitions.
Sec. 15-2-103. Notices - How Served.
Sec. 15-2-104. Actions to Regain Possession.
Sec. 15-2-105. Judgment.
Article 3. SHORT TITLE.
Sec. 15-3-101. Short Title.
Article 4. RECOGNITION AND FORECLOSURE OF STATE TAX LIENS.
Sec. 15-4-101. Enactment and Title.
Sec. 15-4-102. Purposes.
Sec. 15-4-103. Duration.
Sec. 15-4-104. Findings.
Sec. 15-4-105. State Tax Liens on Tribally-Owned Interests.
Sec. 15-4-106. State Tax Liens on Interests Owned by Indians.
Sec. 15-4-107. State Tax Liens on Non-Indian Owned Interests on Non-Indian Fee Lands.
Sec. 15-4-108. State Tax Liens on Non-Indian Owned Property Derived from or Associated with Activities Occurring on Tribal Land.
Sec. 15-4-109. State Tax Liens on Tribal or Indian-Owned Interests.
Sec. 15-4-110. Action to Recognize.
Sec. 15-4-111. An Action to Foreclose or Execute.
TITLE 16. CLASS III GAMING CODE
BIA Approval Letter (October 26, 2018)
NIGC Approval Letter (October 22, 2018)
Resolution No. 2018-17 (July 10, 2018)
TITLE 16. CLASS III GAMING CODE
Article 1. GENERAL PROVISIONS.
Sec. 16-1-101. Short Title.
Sec. 16-1-102. Legislative Declaration.
Sec. 16-1-103. Definitions.
Sec. 16-1-104. Construction.
Sec. 16-1-105. Authorized Gaming.
Sec. 16-1-106. Ownership of Gaming.
Sec. 16-1-107. Gaming Authorization.
Sec. 16-1-108. Enforcement.
Sec. 16-1-109. Severability.
Sec. 16-1-110. Effective Date.
Sec. 16-1-111. Repeal.
Article 2. DIVISION OF GAMING.
Sec. 16-2-101. Division of Gaming - Creation.
Sec. 16-2-102. Function of Division.
Sec. 16-2-103. Director - Qualifications - Powers and Duties.
Sec. 16-2-104. Investigator Qualifications.
Sec. 16-2-105. Investigators - Peace Officers.
Sec. 16-2-106. Division of Gaming - Access to Records.
Article 3. SOUTHERN UTE INDIAN TRIBAL GAMING COMMISSION.
Sec. 16-3-101. Gaming Commission - Appointment and Terms.
Sec. 16-3-102. Commissioner Terms.
Sec. 16-3-103. Commission Member Qualifications.
Sec. 16-3-104. Removal.
Sec. 16-3-105. Powers and Duties.
Sec. 16-3-106. Delegation.
Sec. 16-3-107. Commission Meetings.
Sec. 16-3-108. Communications - Privileged and Confidential.
Article 4. CONFLICT OF INTEREST.
Sec. 16-4-101. Conflict of Interest.
Sec. 16-4-102. Financial Interest Restrictions.
Sec. 16-4-103. Persons Prohibited from Interest in Gaming.
Article 5. LICENSING.
Sec. 16-5-101. Licenses.
Sec. 16-5-102. Gaming License Term.
Sec. 16-5-103. Gaming-Related Consultant License Term.
Sec. 16-5-105. Key Licensee - Determination of Status.
Sec. 16-5-106. Temporary Licenses.
Sec. 16-5-106. Conditional Gaming Licenses.
Sec. 16-5-107. Qualifications for Licensure.
Sec. 16-5-108. Good Moral Character Considerations.
Sec. 16-5-109. Licenses - Revocable - Nontransferable.
Sec. 16-5-110. Gaming Facility - Floor Plan.
Sec. 16-5-111. Gaming Facilities - Health and Safety Standards.
Sec. 16-5-112. Gaming License Disqualification Criteria.
Sec. 16-5-113. Deferred Prosecution, Judgment or Sentence.
Sec. 16-5-114. Applicants and Licensees - Providing Information.
Sec. 16-5-115. Gaming-Related Consultant License Applications and Investigations for Licensure.
Sec. 16-5-116. License Fees.
Sec. 16-5-117. Application - Authorization for Background Investigation - Waiver of Confidentiality.
Sec. 16-5-118. Waiver of Liability - Disclosures or Publications.
Sec. 16-5-119. Confidentiality of Records.
Sec. 16-5-120. Renewal of Licenses.
Sec. 16-5-121. Duplicate Licenses.
Sec. 16-5-122. Reapplication.
Sec. 16-5-123. Appeal of Final Action of Commission.
Article 6. GAMING LICENSE APPLICATIONS, INVESTIGATIONS AND LICENSURE
Sec. 16-6-101. Qualifications for Licensure.
Sec. 16-6-102. Gaming License Applications.
Sec. 16-6-103. Gaming Background Investigations and Licensing.
Sec. 16-6-104. Fees.
Sec. 16-6-105. Regulation of Ownership Interests.
Sec. 16-6-106. Untrue Statements.
Sec. 16-6-107. Withdrawal of Application.
Sec. 16-6-108. Recommendation and to the Commission.
Sec. 16-6-109. Approval.
Article 7. RIGHTS AND DUTIES OF OPERATOR LICENSEES AND PRIMARY MANAGEMENT OFFICIALS
Sec. 16-7-101. Responsibility of Operator Licensee or Primary Management Official.
Sec. 16-7-102. Job Descriptions - List of Personnel.
Sec. 16-7-103. Information to be Furnished by Licensee.
Sec. 16-7-104. Inspections.
Sec. 16-7-105. Duty to Maintain Records.
Sec. 16-7-106. Key Licensee on Premises.
Sec. 16-7-107. Display of Facility License.
Sec. 16-7-108. Chip Reserves.
Sec. 16-7-109. Payment of Winners - Reserves.
Sec. 16-7-110. Publication of Payoffs.
Sec. 16-7-111. Taxes and Fees.
Sec. 16-7-112. Player Rules.
Sec. 16-7-113. Advertising.
Sec. 16-7-114. Rules of Conduct.
Sec. 16-7-115. Procedure Upon Dissolution.
Sec. 16-7-116. Transfers of Interest.
Sec. 16-7-117. Termination of Employment of Licensees.
Sec. 16-7-118. Post-Termination Matters.
Sec. 16-7-119. Revocation or Expiration of License.
Sec. 16-7-120. License Denial by Foreign Jurisdiction.
Article 8. RIGHTS AND DUTIES OF LICENSEES
Sec. 16-8-101. Responsibility of Licensees.
Sec. 16-8-102. Discovery of Violations.
Sec. 16-8-103. Licensee Notification Requirements.
Sec. 16-8-104. Licensee Identification.
Sec. 16-8-105. Person Suspected of Violating Code - Limitations on Liability - Posting of Notice.
Sec. 16-8-106. Intoxicated Persons.
Sec. 16-8-107. Patron Disputes.
Sec. 16-8-108. Patron Violations.
Article 9. PROCEDURES FOR DISCIPLINARY ACTIONS.
Sec. 16-9-101. Grounds for Disciplinary Action.
Sec. 16-9-102. Initiation of Disciplinary Proceedings.
Sec. 16-9-103. Assurance of Voluntary Compliance.
Sec. 16-9-104. Final Action by Commission.
Sec. 16-0-105. Penalties.
Sec. 16-9-106. Summary Suspension.
Sec. 16-9-107. Notice of Summary Suspension.
Sec. 16-9-108. Disciplinary Proceeding Notice Required.
Article 10. PROCEDURES FOR HEARINGS.
Sec. 16-10-101. Request for Hearing.
Sec. 16-10-102. Notice of Hearing.
Sec. 16-10-103. Summoning of Licensee.
Sec. 16-10-104. Conduct of Hearing.
Sec. 16-10-105. Decisions of the Commission.
Sec. 16-10-106. Judicial Review.
Sec. 16-10-107. Service on the Commission.
Article 11. GAMING FUND.
Sec. 16-11-101. Gaming Fund.
Article 12. PROHIBITED ACTIVITIES.
Sec. 16-12-101. Fraudulent Acts.
Sec. 16-12-102. Collusion.
Sec. 16-12-103. False Statements - Misleading Information - Falsification of Records.
Sec. 16-12-104. Underage Participants.
Sec. 16-12-105. Underage Persons Conducting Gaming.
Sec. 16-12-106. Licensees - Requirements and Restrictions.
Sec. 16-12-107. Extension of Credit Prohibited.
Sec. 16-12-108. Maximum Amount of Bets.
Sec. 16-12-109. Failure to Pay Winners.
Sec. 16-12-110. Exchange - Redemption of Chips.
Sec. 16-12-111. Tips.
Sec. 16-12-112. Cheating.
Sec. 16-12-113. Use or Possession of Device for Calculating Probabilities.
Sec. 16-12-114. Use of Counterfeit or Unapproved Chips, Gaming Coupons or Unlawful Tender.
Sec. 16-12-115. Possession of Unlawful Devices, Equipment, Products or Materials.
Sec. 16-12-116. Unathorized Cards or Chips.
Sec. 16-12-117. Unlawful Manufacture, Sale, Marking, Altering, or Modification of Gaming Devices or Associated Equipment - Unlawful Instruction.
Sec. 16-12-118. Excluded Persons.
Sec. 16-12-119. Failure to Display Licenses and Required Notices.
Sec. 16-12-120. Prohibitions on Giving Items of Value.
Sec. 16-12-121. Seizure of Evidence.
Sec. 16-12-122. Disposition of Seized Property or Evidence.
Article 13. EXCLUDED PERSONS.
Sec. 16-13-101. Legislative Declaration.
Sec. 16-13-102. Factors Considered.
Sec. 16-13-103. Procedure.
Sec. 16-13-104. Sanctions.
Article 14. ACCOUNTING.
Sec. 16-14-101. Definitions.
Sec. 16-14-102. Accounting and Financial Records.
Sec. 16-14-103. AGP Computations.
Sec. 16-14-104. Internal Control Minimum Procedures.
Sec. 16-14-105. ICMP Revisions.
Sec. 16-14-106. Variances.
Sec. 16-14-107. Audits.
Sec. 16-14-108. Failure to Comply.
Sec. 16-14-109. Examination Procedures.
Sec. 16-14-110. Records Retention - Noncompliance.
Sec. 16-14-111. Records of Ownership - Corporation.
Sec. 16-14-112. Partnership, Limited Liability Company, or Association Records.
Sec. 16-14-113. Sole Proprietor Records.
Sec. 16-14-114. Handling of Cash.
Sec. 16-14-115. Procedure for Accepting Checks.
Sec. 16-14-116. Minimum Bankroll Requirements.
Sec. 16-14-117. Promotional Items.
Sec. 16-14-118. Match Play Coupons.
Sec. 16-14-119. Free Play Items.
Sec. 16-14-120. Reporting and Paying Gaming Taxes and Fees.
Sec. 16-14-121. Financial Statements.
Sec. 16-14-122. Audited Financial Statements.
Article 15. GAMING DEVICES AND EQUIPMENT.
Sec. 16-15-101. Slot Machines - Shipping.
Sec. 16-15-102. Security and Audit Specifications.
Sec. 16-15-103. Defective Gaming Devices or Equipment..
Sec. 16-15-104. Testing, Inspection and Approval.
Sec. 16-15-105. Slot Machine Minimum Payback.
Sec. 16-15-106. Device and Equipment Approval.
Sec. 16-15-107. Approval of Chips and Gaming Coupons.
Sec. 16-15-108. Specifications for Chips.
Sec. 16-15-109. Other Gaming Devices.
Article 16. SURVEILLANCE REQUIREMENTS.
Sec. 16-16-101. Video Camera Capabilities.
Sec. 16-16-102. Video Camera Requirements.
Sec. 16-16-103. System Recording Requirements.
Sec. 16-16-104. Preservation of Video Recordings.
Article 17. CHIPS AND GAMING COUPONS.
Sec. 16-17-101. Forms of Wagers.
Sec. 16-17-102. Sale of Chips; Redemption of Chips and Gaming Coupons.
Sec. 16-17-103. Use of Chips and Gaming Coupons..
Sec. 16-17-104. Redemption.
Sec. 16-17-105. Use of Other Facility's Chips.
Sec. 16-17-106. Redemption and Disposal of Discontinued Chips and Gaming Coupons. .
Sec. 16-17-107. Disposition Reports and Records.
CLASS II GAMING CODE
I. Purpose.
II. Gaming Authorized.
III. Ownership of Gaming.
IV. Use of Gaming Revenue
V. Audit.
VI. Protection of the Environment and Public Health and Safety.
VII. Licenses fo rKey Employees and Primary Management Officials.
VIII. License Locations.
IX. Repeal.
TITLE XVI. Liquor Code
Article I. GENERAL PROVISIONS.
Sec. 1. Legislative Declaration.
Sec. 2. Definitions.
Sec. 3. Licensing Authority of Southern Ute Tribal Council.
Sec. 4. Duties of Inspectors and Police Officers.
Sec. 5. Exemptions.
Sec. 6. Jurisdiction.
Article II. RETAIL SALES OF ALCOHOLIC BEVERAGES
Sec. 1. Licensing - General Provisions.
Sec. 2. Application to Tribal Council for License.
Sec. 3. Public Notice - Posting and Publication.
Sec. 4. Results of Investigation - Decision of Authorities.
Sec. 5. Persons Prohibited as Licensees.
Sec. 6. Refusal of License.
Sec. 7. Judicial Review.
Sec. 8. Records - Inspection.
Sec. 9. Suspension and Revocation.
Sec. 10. Classes of License.
Sec. 11. License Fees.
Sec. 12. Unlawful Acts.
Sec. 13. Unlawful Financial Assistance.
Sec. 14. Violations and Penalty.
Article III. RETAIL SALES OF FERMENTED MALT BEVERAGES.
Sec. 1. Licensing - General Provisions.
Sec. 2. License - Applications - Hearings - Fees.
Sec. 3. Qualification and Conditions for License.
Sec. 4. Suspension and Revocation - Fines.
Sec. 5. Unlawful Acts.
Sec. 6. Federal Mandate - Effect on Law.
Sec. 7. Unlawful Financial Interest.
Sec. 8. Violation - Penalty.
Sec. 9. Lawful Acts.
Sec. 10. Judicial Review.
Article IV. SPECIAL EVENT LICENSE
Sec. 1. Special Event Licenses Authorized.
Sec. 2. Qualifications of Organizations for Licenses.
Sec. 3. Grounds for Issuance of Special Event Licenses.
Sec. 4. Fees for Special Event Licenses.
Sec. 5. Restrictions Related to Special Event Licenses.
Sec. 6. Ground for Denial of Special Event Licenses.
Sec. 7. Applications for Special Event Licenses.
Sec. 8. Exemptions.
BIA Letter (12/12/14)
Resolution No. 2014-215 (November 4, 2014)
Amending Title 16, Liquor Code, Article 2 section 7 and Article 3 section 10
TITLE 17. EMPLOYMENT RIGHTS CODE (TERO)
Article 1. GENERAL PROVISIONS AND PURPOSE
Sec. 17-1-101. Title.
Sec. 17-1-102. Purpose.
Sec. 17-1-103. Definitions.
Article 2. TRIBAL EMPLOYMENT RIGHTS OFFICE
Sec. 17-2-101. Establishment.
Sec. 17-2-102. Functions.
Sec. 17-2-103. Director.
Article 3. TRIBAL EMPLOYMENT RIGHTS COMMISSION
Sec. 17-3-101. Establishment of Commission.
Sec. 17-3-102. Term of Appointment of Commissioners.
Sec. 17-3-103. Removal.
Sec. 17-3-104. Powers of the Commission.
Article 4. INDIAN PREFERENCE IN EMPLOYMENT
Sec. 17-4-101. Preference Policy.
Sec. 17-4-102. Hiring.
Sec. 17-4-103. Promotions.
Sec. 17-4-104. Lay-Offs.
Sec. 17-4-105. Training.
Sec. 17-4-106. Priority of Employment Preference.
Sec. 17-4-107. Collective Bargaining Agreements.
Article 5. PREFERENCE IN CONTRACTING AND SUBCONTRACTING
Sec. 17-5-101. Contract Preference Policy.
Sec. 17-5-102. Determination of Technical Qualifications.
Sec. 17-5-103. Priority of Contract Preference.
Sec. 17-5-104. Applicability.
Article 6. CERTIFICATION OF INDIAN OWNED BUSINESSES
Sec. 17-6-101. Ownership.
Sec. 17-6-102. Management Control.
Sec. 17-6-103. Integrity of Structure.
Sec. 17-6-104. Types of Certification.
Sec. 17-6-105. Certification Procedures.
Sec. 17-6-106. Hearings
Sec. 17-6-107. Suspension or Revocation of Certification.
Article 7. REPORTING REQUIREMENTS
Sec. 17-7-101. Covered Employers.
Sec. 17-7-102. Indian Owned Businesses.
Article 8. EMPLOYMENT RIGHTS FEE
Sec. 17-8-101. Establishment of Fee.
Article 9. COMPLAINTS
Sec. 17-9-101. Complaints by TERO.
Sec. 17-9-102. Complaint by Individual.
Sec. 17-9-103. Time Limitation.
Article 10. HEARINGS AND APPEALS
Sec. 17-10-101. Notice.
Resolution No. 2006-37 (February 14, 2006)
Resolution No. 98-141 (September 9, 1998)
TITLE 18. ANIMAL CONTROL CODE
Article 1. GENERAL PROVISIONS
Sec. 18-1-101. Purpose of Code.
Sec. 18-1-102. Definitions.
Sec. 18-1-103. Authority and Duties of the Animal Control Section.
Article 2. PET ANIMALS
Sec. 18-2-101. Rabies Vaccination.
Sec. 18-2-102. Dog License.
Sec. 18-2-103. Commercial License.
Sec. 18-2-104. Revocation of Commercial License.
Sec. 18-2-105. Liability of Owner.
Sec. 18-2-106. Impoundment.
Sec. 18-2-107. Disposition of Impounded Pet Animals.
Sec. 18-2-108. Impoundment Fees.
Article 3. LIVESTOCK
Sec. 18-3-101. Fence Maintenance.
Sec. 18-3-102. Livestock Trespass.
Sec. 18-3-103. Recovery for Trespass.
Sec. 18-3-104. Liability of Person Taking Livestock Into Custody.
Sec. 18-3-105. Notice/Impoundment.
Sec. 18-3-106. Impoundment Fee.
Sec. 18-3-107. Branding.
Sec. 18-3-108. Presumption of Ownership.
Sec. 18-3-109. Disposition of Impounded Livestock.
Article 4. MISCELLANEOUS
Sec. 18-4-101. Unwanted Animals.
Sec. 18-4-102. Injured Animals.
Sec. 18-4-103. Transportation of Livestock into Reservation.
Article 5. OFFENSES
Sec. 18-5-101. Branding.
Sec. 18-5-102. Breaking Fences.
Sec. 18-5-103. Cruelty to Pet Animals and Livestock.
Sec. 18-5-104. Diseased Pet Animals and Livestock.
Sec. 18-5-105. Dog License.
Sec. 18-5-106. Pet Animals in Heat.
Sec. 18-5-107. Grazing on Roads and in Municipalities.
Sec. 18-5-108. Guard Dogs.
Sec. 18-5-109. Interference with a Tribal Officer.
Sec. 18-5-110. Commercial License.
Sec. 18-5-111. Limit on Number of Dogs and Cats.
Sec. 18-5-112. Livestock Moving on Highways.
Sec. 18-5-113. Nuisance Pet Animals.
Sec. 18-5-114. Provoking Animals to Fight.
Sec. 18-5-115. Rabies Vaccination.
Sec. 18-5-116. Running at Large (Dogs)
Sec. 18-5-117. Running at Large (Livestock)
Sec. 18-5-118. Stealing Stud or Bull Services.
Sec. 18-5-119. Vicious Dogs.
Article 6. PENALTIES
Sec. 18-6-101. Penalties and Fines.
Sec. 18-6-102. Penalty Not Exclusive.
Sec. 18-6-103. Penalty Assessment.
Resolution No. 2007-283 (November 27, 2007)
Animal Control Penalty Assessment and Fine Schedule
TITLE 19. CODE OF ETHICS
Article 1. GENERAL PROVISIONS
Sec. 19-1-101. Title.
Sec. 19-1-102. Purpose.
Sec. 19-1-103. General Policy.
Sec. 19-1-104. Definitions.
Article 2. STANDARDS OF CONDUCT
Sec. 19-2-101. Abuse of Authority.
Sec. 19-2-102. Abstention from Official Action.
Sec. 19-2-103. Bad Faith.
Sec. 19-2-104. Conduct while on Official Business.
Sec. 19-2-105. Confidential Information.
Sec. 19-2-106. Conflict of lnterest.
Sec. 19-2-107. Duty to Report Violations..
Sec. 19-2-108. False Claims.
Sec. 19-2-109. Gifts, Loans, Favors and Other Benefits.
Sec. 19-2-110. Impeding Governmental Efficiency.
Sec. 19-2-111. Intimidation.
Sec. 19-2-112. Misuse of Funds and Property.
Sec. 19-2-113. Misuse of Staff.
Sec. 19-2-114. Nepotism.
Sec. 19-2-115. Political and Campaign Activity.
Sec. 19-2-116. Preferential Treatment.
Sec. 19-2-117. Private Gain.
Sec. 19-2-118. Public Service in a Non-Tribal Appointed or Elected Office.
Sec. 19-2-119. Retaliation.
Sec. 19-2-120. Sexual Harassment.
Sec. 19-2-121. Solicitation.
Sec. 19-2-122. Unauthorized Compensation.
Article 3. ETHICS COMMITTEE
Sec. 19-3-101. Establishment.
Sec. 19-3-102. Purposes.
Sec. 19-3-103. Membership.
Sec. 19-3-104. Qualifications for Commission Members.
Sec. 19-3-105. Removal.
Sec. 19-3-106. Disqualification of Commission Members.
Sec. 19-3-107. Powers.
Sec. 19-3-108. Duties and Responsibilities.
Sec. 19-3-109. Amendments.
Sec. 19-3-110. Hearings.
Article 4. ETHICS OFFICE
Sec. 19-4-101. Establishment.
Sec. 19-4-102. Responsibilities.
Sec. 19-4-103. Personnel and Organization.
Sec. 19-4-104. Duties of the Director.
Article 5. COMPLAINT AND INVESTIGATIVE PROCEDURES
Sec. 19-5-101. Filing of Complaints.
Sec. 19-5-102. Contents of Complaints.
Sec. 19-5-103. Limitations Period.
Sec. 19-5-104. Procedure Upon Receipt of Complaint.
Sec. 19-5-105. Investigation Process.
Sec. 19-5-106. Report to the Ethics Commission.
Sec. 19-5-107. Resolution of Complaint Without the Necessity of Hearing.
Article 6. ADMINISTRATIVE HEARING PROCEDURES.
Sec. 19-6-101. General.
Sec. 19-6-102. Ex Parte Communication with Commission Members.
Sec. 19-6-103. Notice of Hearing.
Sec. 19-6-104. Subpoenas..
Sec. 19-6-105. Exchange of Witness Lists and Exhibits/ Preliminary Matters.
Sec. 19-6-106. Representation.
Sec. 19-6-107. Conduct of Hearings.
Sec. 19-6-108. Decisions of the Commission.
Sec. 19-6-109. Dismissal of Complaints.
Sec. 19-6-110. Default.
Sec. 19-6-111. Appeal to Tribal Court.
Article 7. PENALTIES
Sec. 19-7-101. Penalties.
BIA Letter (June 15, 2017)
Resolution No. 2017-41 (March 21, 2017)
TITLE 20. CORONER CODE
Sec. 20-1-101. Title.
Sec. 20-1-102. Purpose.
Sec. 20-1-103. Establishment.
Sec. 20-1-104. Jurisdiction.
Sec. 20-1-105. Coroner - Appointment.
Sec. 20-1-106. Deputy Coroner.
Sec. 20-1-107. Qualifications.
Sec. 20-1-108. Duties.
Resolution No. 97-165 (October 21, 1997)
Resolution No. 98-41 (March 31, 1998)
TITLE 21. SEVERANCE TAX CODE
Article 1. GENERAL PROVISIONS.
Sec. 21-1-101. Purposes of Code.
Sec. 21-1-102. Definitions.
Article 2. TAX AND LIABILITY
Sec. 21-2-101. Oil and Gas Tax Imposed.
Sec. 21-2-102. Liability of Tax.
Sec. 21-2-103. Rate of Tax.
Sec. 21-2-104. Exemptions from Tax.
Sec. 21-2-105. Payments By Whom Generally.
Sec. 21-2-106. Records Retention and Limitations on Actions.
Sec. 21-2-107. Measurement. (Sec. 21-2-107(2) amended by Resolution No. 2013-231, December 16, 2013)
Sec. 21-2-108. Value.
Sec. 21-2-109. Reports and Payment.
Sec. 21-2-110. Refunds.
Sec. 21-2-111. Interest on Late Payment and Penalties for Noncompliance.
Sec. 21-2-112. Payment Under Protest.
Sec. 21-2-113. Confidentiality.
Sec. 21-2-114. Bonds and Other Security for Taxes.
Sec. 21-2-115. Rules and Regulations.
Sec. 21-2-116. Audits and Records Requests.
Sec. 21-2-117. Additional Remedies for Noncompliance.
Sec. 21-2-118. Consent to Suit.
Sec. 21-2-119. Severance Tax Fund.
Sec. 21-2-120. Reports by the CFO.
Sec. 21-2-121. Severability and Liberal Construction.
Sec. 21-2-122. Effective Date.
BIA Letter (December 12, 2014)
Resolution No. 2014-215 (November 4, 2014)
Amending Title 21, Article 1 section 102 and Article 2 section 112
BIA Letter (2/24/14)
Resolution No. 2013-231 (December 16, 2013)
Attachment 1 - Amendment to Section 21-2-107(2)
Resolution No. 89-87 (August 15, 1989)
Ordinance No. 89-01 (August 15, 1989)
TITLE 21. PROFESSIONAL BOXING CODE
Article 1. GENERAL PROVISIONS.
Sec. 21-1-101. Legislative Declaration.
Sec. 21-1-102. Interpretation; Sovereign Immunity; Severability.
Sec. 21-1-103. Definitions.
Article 2. PROFESSIONAL BOXING COMMISSION
Sec. 21-2-101. Creation.
Sec. 21-2-102. Membership.
Sec. 21-2-103. Term.
Sec. 21-2-104. Conflict of Interest.
Sec. 21-2-105. Supervision by Commission of Another Tribe or State.
Sec. 21-2-106. Powers and Duties of the Commission.
Sec. 21-2-107. Executive Director.
Sec. 21-2-108. Jurisdiction.
Sec. 21-2-109. Prohibition of Prize Fights.
Sec. 21-2-110. Licensing.
Sec. 21-2-111. Disciplinary Action.
Sec. 21-2-112. Hearings.
Sec. 21-2-113. Contracts.
Sec. 21-2-114. Insurance.
Sec. 21-2-115. Advance against Purse.
Sec. 21-2-116. Withholding of Purse.
Sec. 21-2-117. Weigh-ins.
Sec. 21-2-118. Length of Professional Boxing Event or Contest.
Sec. 21-2-119. Health and Safety Standards.
Sec. 21-2-120. Registration.
Sec. 21-2-121. Prohibited Substances.
Sec. 21-2-122. Suspension in Another Jurisdiction.
Sec. 21-2-124. Reporting.
Sec. 21-2-125. Fees.
Sec. 21-2-126. Accounting.
Article 3. VIOLATIONS; PENALTIES; JUDICIAL REVIEW
Sec. 21-3-101. Violations.
Sec. 21-3-102. Penalties.
Sec. 21-3-103. Judicial Review.
Resolution No. 2001-188 (October 4, 2001)
TITLE 22. EXCAVATION CODE
BIA Letter (March 4, 2004)
Resolution No. 2004-48 (February 23, 2004)
Title 22. EXCAVATION CODE
Sec. 22-1-101. Purpose.
Sec. 22-1-102. Definitions.
Sec. 22-1-103. Duties of Excavators.
Sec. 22-1-104. Notice of Excavation.
Sec. 22-1-105. Emergency Excavation.
Sec. 22-1-106. Marking of Underground Facilities.
Sec. 22-1-107. Liability for Damage to Underground Facilities.
Sec. 22-1-108. Severability.
Sec. 22-1-109. Prior Inconsistent Laws Repealed.
Title 23. SEX OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION CODE
23-1-101 Purpose & General Responsibilities
23-1-102 Creation of Registries
23-1-103 Definitions
23-1-104 Registerable Offenses
23-1-105 Tiered Offenses
23-1-106 Registration
23-1-107 General Requirements
23-1-108 Frequency, Duration, & Reduction of Registration
23-1-109 Immunity
23-1-110 Violations
23-1-111 Sanctions
BIA Letter (August 19, 2013) [MISSING]
Resolution No. 2013-167 (August 13, 2013) [MISSING]
Title 24. WORKERS' COMPENSATION CODE
Article 1. GENERAL PROVISIONS
24-1-101. Purpose.
24-1-102. Scope.
24-1-103. Exclusive Remedy
24-1-104. Definitions.
24-1-105. Acknowledgement of Ordinance.
24-1-106. Claim Files and Records Confidential.
24-1-107. Severability.
24-1-108. Effective Date.
24-1-109. Sovereign Immunity.
Article II. CLAIM PROCEDURES
24-2-101. Reporting Obligations.
24-2-102. Statute of Limitations.
24-2-103. Administrator's Initial Review and Decision.
24-2-104. Determining Benefits - Allowable Benefits.
24-2-105. Claim Management.
24-2-106. Claim Closure - Maximum Medical Improvement of Mutual Agreement
Article III. DISPUTE RESOLUTION
24-3-101. Request for Reconsideration.
24-3-102. Request for Hearing.
24-3-103. Hearing
24-3-103. Benefits Continue During Dispute Resolution.
BIA Letter (August 4, 2014)
Resolution No. 2014-26 (February 11, 2014)
Title 25. SOLAR POWER GENERATION AND DISTRIBUTION CODE
Article I - FINDINGS, PURPOSES, AND DEFINITIONS
25-1-101. Findings
25-1-102. Purposes
25-1-103. Definitions
Article 2-GENERAL PROVISIONS
25-2-101. Solar Power Facilities
25-2-102. Limitation on Tribal Customer Sources of Solar Energy
25-2-103. Tribal Access to Distribution Facilities and Services
25-2-104. Oversight and Management
Article III - ADDITIONAL PROVISIONS
25-3-101. Severability
25-3-102. Effective Date
25-3-103. Sovereign Immunity
25-3-104. Reserved Powers
BIA Letter (August 4, 2014)
Resolution No. 2015-85 (May 12, 2015)
Title 28. EXPUNGEMENT CODE (3/14/2017)
28-1-101. Legislative declaration
28-1-102. Definitions
28-1-103. Expungement procedure
28-1-104. Eligibility to expunge Southern Ute criminal records of offenses without
convictions
28-1-105. Eligibility to expunge Southern Ute criminal records of offenses with convictions
28-1-106. Contents of petition
28-1-107. Service of petition
28-1-108. Objections, responses, and setting
28-1-109. Hearing
28-1-110. Effects of expungement order
28-1-111. Distribution of expungement order and prohibition on further disclosure of
expungements
Ordinance No. 17 - Land Code
1. Authority
2. Definition
3. Purpose
4. Agricultural or Business Leases
5. Assignment of Tribal Land
A. Eligibility
B. Size of Assignments
C. Term of Assignment
D. Assignment Fees
E. Improvements - Building and Personal Proerty
F. Other Responsibilities of the Assignee
G. Special REquirements
H. Leasing of Assignment for Farm or Pasture Purposes
I. Death of an Assignee
J. Transfer of Assignments from One Person to Another
K. Revcation by Mutual Agreement
L. Retention of Homesite in Event of Relinquishment
M. Termination for Cause
N. Cancellation for Cause
6. Land Use Exchange
7. Land Title Conveyance by Exchange
Certificate of Adoption - Resolution No. 2434-A (April 16, 1963)
Resolution No. 81-110 [MISSING]
Resolution No. 85-57 [MISSING]
Ordinance No. 2000-01 (August 17, 2000) - Enrollment Ordinance
BIA Letter 9/24/2010
Rule Regarding Correction of Blood Degree
Ordinance No. 26 (September 12, 1972) and Ordinance No. 87-03 (June 30, 1987) - Sales Tax Ordinance
Ordinance No. 86-01 (November 5, 1985) - Regulation of Oil and Gas Development Activities
POLICY FOR DISTRIBUTION OF TRIBAL CODES
Resolution No. 90-50 (April 3, 1990)
Resolution No. 2005-33 (February 8, 2005)