CSV.8.8.020 Penalties

(a) The Agricultural Division may deny, revoke, or suspend any license if a Licensed Cultivator or Licensed Processor:

(1) Violates any provision of this ordinance; or

(2) Engages in fraud or deception of procurement or attempted procurement of a license under this ordinance; or

(3) Fails to comply with any order or directive of the Agricultural Division issued pursuant to this ordinance.

(b) The Agricultural Division may impose a civil penalty not to exceed five-thousand dollars ($5000) per violation on any person or entity who violates this ordinance or any lawful order of the Agricultural Division.

(c) No criminal penalties shall be authorized for violation of any provision of this ordinance, except as established in Section CSV.8.8.030(f) of this ordinance. This ordinance shall not impact any other provision of applicable Tribal law.

(d) The Agricultural Division shall not impose any penalty against a person alleged to have violated this ordinance until the Agricultural Division has notified the person of the charge in writing and has given the person an opportunity to seek review of the Agricultural Division's decision pursuant to Section CSV.8.4.030 of this ordinance.

(e) If a person's, or an entity's license is denied, suspended, revoked, or voluntarily relinquished for a violation of this ordinance, the Agricultural Division may deny a new application for registration for that person or entity for up to two years generally, or up to five years (in instances where 3 negligent violations occur within 5 years) after the effective date of the suspension, revocation, or relinquishment.

(f) The Agricultural Division is hereby authorized to enforce any penalty authorized under this ordinance in Tribal Court.

(g) A Licensed Producer or Licensed Processor, Hemp Business, or a person or entity that negligently violates this ordinance by cultivating or processing Hemp with a total Delta-9-THC concentration above 0.% on a dry weight basis shall not as a result of that violation be subject to any penalties, aside from reasonable fees for time and costs expended by the Agricultural Division and the corrective action plan set forth in CSV.8.8.030, but shall be subject to the requirements for disposal/destruction of any non-compliant Cannabis sativa L. as provided in this ordinance, provided however, a Licensed Cultivator or Licensed Processor that negligently violates this ordinance three (3) times in a 5-year period shall be ineligible for a license for a period of five (5) years beginning on the date of the third violation and the Agricultural Division shall report the Licensee to the U.S. Attorney General and the applicable Law Enforcement Agency.

(h) In addition to any other violations provided for in this ordinance, the following acts and omissions of any person or Licensee shall constitute violations subject to penalties authorized herein:

(1) Refusal or failure by a person or Licensee to fully cooperate and assist the Agricultural Division in carrying out the requirements of this ordinance; or

(2) Failure to provide information required by the Agricultural Division; or

(3) Anyone who intentionally and materially falsifies or provides false, misleading, or incorrect information or statements to the Agricultural Division. (such individuals or entities shall automatically be deemed ineligible to cultivate or process industrial hemp in accordance with this Ordinance and 7 CFR Part 990.6(f)); or

(4) Failure to submit required reports or pay fees.