# Tribal Code - Confederated Tribes of the Warm Springs Reservation; Tribal Law Gateway > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_warm_springs%3A0ab31622a9f74f72 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Tribal Code - Confederated Tribes of the Warm Springs Reservation; Tribal Law Gateway, National Indian Law Library (NILL) Tribal Law Gateway | Confederated Tribes of the Warm Springs Reservation of Oregon | Tribal Code Confederated Tribes of the Warm Springs Reservation of Oregon - Tribal Code Table of Contents Updated: July 2016 The tribe makes their code available online. The table of contents below describes the version of the code available on the tribe's website . Table of Contents TRIBAL COUNCIL AND GOVERNMENT Chapter 10. Budgets ARTICLE I. Preamble ARTICLE II. Appropriation Approved by Popular Referendum ARTICLE III. Appropriation by the Tribal Council Outside of the Budget ARTICLE IV. Annual Budget ARTICLE V. Supplemental Budget ARTICLE VI. Appropriation of Available Funds by the Tribal Council ARTICLE VII. Enterprise Funds ARTICLE VIII. Appropriation of Funds for Per Capita ARTICLE IX. Initiative and Referendum Chapter 20. Tribal Elections 1. Applicability of Ordinance. 2. Preparation of Voters List. 3. Petitions for Review. 4. Change of Registration. 5. New Registration. 6. Inspection of Voter List. 7. Definition of “Married” Person. 8. Election Boards. 9. Counting Board. 10. Eligibility for Membership to Election and Counting Boards 11.Duties of Election Boards. 12. Date, Place and Hours of Election and Disputes. 13. Notice of Election. 14. Preservation of Ballots. 15. Counting and Protection of Ballots and Posting Results. 16. Objections. 17. Absentee Ballots. 18. Mailing of Absentee Ballots. 19. Registration for Absentee Ballots. 20. Time of Elections. 21. District Meetings. 22. Chairman of District Meetings. 23. Secretary of District Meetings. 24. Eligibility to Participate in District Meetings. 25. Procedure at District Meetings. 26. Certification of Nominations. 27. Posting of Candidates. 28. Ballots. 29. Eligibility of Candidates. Chapter 30. Waiver of Sovereign Immunity 30.001 Legislative Intent and Findings. 30.002 Definitions. 30.003 Waiver of Sovereign Immunity. 30.004 Form of Waiver. 30.005 Filing with the Tribal Council, the Office of the Secretary-Treasurer, and the Agency Superintendent. 30.006 No Suit or Action Permitted Without a Waiver of Immunity. 30.007 Existing Waivers of Immunity. MANAGEMENT Chapter 105. Management Plan / Plan of Operation ARTICLE I. Preamble ARTICLE II. Purpose ARTICLE III. Authority ARTICLE IV. Tribal Government Organization of Roles 1. Policy and legislation. 2. Subordinate Organizations 3. Tribal Council Committees 4. Tribal Court 5. Executive and Operational Management 6. Authorities of the Secretary/Treasurer 7. Authorities of the Chief Operating Officer ARTICLE V. Tribal Policies ARTICLE VI. Responsibility ARTICLE VII. Tribal Goals and Strategies 1. Tribal Government Mission. 2. Tribal Government Goals and Strategies 3. Community Development Strategy 4. Organization Development Strategy ARTICLE VIII. Standards [Reserved] ARTICLE IX. Operating Policies 1. Administrative Rules. 2. Organization Structure 3. Employment 4. Compensation and Benefits 5. Fiscal Management 6. Audits 7. Bonding and Insurance 8. Professionalism in Operations 9. Legal Requirements 10. Reports 11. Fair and Equal Access to Services 12. Business Operations 13. Real Property Management 14. Public Relations 15. Intergovernmental Coordination 16. Legal Counsel 17. Contracts with Federal, State and Other Governments 18. Borrowing ARTICLE X. Implementation ARTICLE XI. Review and Amendment Chapter 110. Personnel [Withheld] VITAL STATISTICS Chapter 120. Enrollment 120.01 Legislative History and Explanatory Notes. 120.02 Short Title. 120.10 Definitions of Terms. 120.100 Tribal Council Duties 120.200 Enrollment Staff. 120.210 Enrollment Application. 120.300 Automatic Enrollment. 120.320 Burden of Proof. 120.400 Paternity/Illegitimate Children. 120.500 Adopted Children. 120.600 Review of Records. 120.700 Relinquishment. 120.800 Enrollment by Adoption. 120.830 Annulment of Enrollment. 120.850 Dual Membership Prohibited. 120.900 Appeal of Decision to Deny Enrollment. 120.950 Enrollment Committee. TRIBAL COURTS Chapter 200. Courts I. GENERAL 200.001 Establishment of Court 200.005 Scope and Application of Procedural Rules 200.007 Court Procedures 200.010 Definitions II. JURISDICTION 200.025 Civil Jurisdiction 200.030 Criminal Jurisdiction 200.050 Persons Not Subject to Criminal Jurisdiction of the Warm Springs Tribal Court 200.100 Civil Statute of Limitations 200.102 Criminal Statute of Limitations 200.105 When Action Deemed Begun and Jurisdiction Obtained III. SERVICE OF SUMMONS AND COMPLAINT 200.175 Issuance of Summons 200.180 Time for Response 200.185 Who May Serve Summons 200.190 Manner of Service 200.200 Service Methods 200.210 Service on Particular Defendants 200.215 Certificate of Service IV. JUDGES 200.250 Appointments 200.255 Eligibility 200.260 Compensation 200.265 Performance of Duties 200.270 Disqualifications 200.275 Judges Pro Tempore 200.280 Improper Influence V. JURIES 200.301 Jury Defined 200.302 Qualifications of Jurors 200.305 Excuse from Jury Duty 200.306 Fees of Jurors 200.307 Prohibited Acts VI. TRIALS 200.310 Criminal Jury Trials 200.315 Civil Trials VII. SELECTION OF JURORS 200.320 Juror Lists 200.325 Service 200.330 Selection of Panels VIII. TRIALS 200.335 Empaneling 200.340 Instructions 200.345 Notification of Jurors; Failure to Appear IX. APPEARANCES 200.350 General 200.355 Self-Representation 200.360 Admission to Practice 200.370 Competence 200.375 Conduct of Witness at Trial 200.380 Notice 200.385 Oaths 200.390 Fees X. JUDGMENT 200.500 Judgment Defined 200.502 Order for Payment 200.505 Default Judgment Before Trial 200.506 Default Judgment at Trial or Hearing 200.509 Modification of Judgment 200.510 Relief from Judgment 200.511 Negligence 200.512 Intentional Injury 200.513 Both Parties Negligent XI. ENFORCEMENT OF JUDGMENTS 200.515 Enforcement of Judgments for Other than Payment of Money 200.520 Enforcement of Judgments for Payment of Money, or Delivery of Real or Personal Property 200.522 Issuance of Order of Execution, Contents 200.525 Property Exempt from Execution 200.527 Property Exempt from Execution by All Persons Except the Confederated Tribes 200.530 Execution Procedure 200.532 Notice of Sale 200.534 Postponement of Sale 200.540 Garnishment XII. CONTEMPT OF COURT 200.600 Contempt Powers 200.605 Contempt in the Presence of the Court 200.610 Contempt Occurring Outside the Presence of the Court 200.615 Failure to Comply XIII. PERSONAL PROPERTY SECURITY PROCEEDINGS 200.700 Commencement of Proceedings 200.705 Contents of Petition 200.710 Parties 200.715 Custody of Property Pending the Completion of Proceedings Commenced Pursuant to WSTC 200.700 200.720 Notice of Proceedings 200.725 Posting of Security 200.730 Hearing 200.735 Appeal 200.740 Sale 200.745 Distribution of Sale Proceeds 200.750 Procedures Applicable to Disposition of Seized Contraband XIV. RESTITUTION PROCEEDINGS 200.800 Restitution Order 200.805 Factors Considered in Ordering Restitution 200.810 Effect of Restitution Order on Other Remedies of Recipient of Restitution XV. ENFORCEMENT OF TRIBAL INTEGRATED RESOURCES MANAGEMENT PLANS 200.820 Responsibility for Enforcement of Integrated Resource Management Plans 200.821 Inspection and Monitoring 200.822 Education and Voluntary Compliance 200.823 Issuance of Compliance Orders 200.824 Enforcement of Compliance Orders 200.825 Civil Penalties 200.826 Criminal Penalties 200.827 Exclusion 200.828 Seizure and Disposition of Security Chapter 201. Civil Procedures I. GENERAL 201.010 Definitions 201.015 Law Applicable in Civil Actions 201.020 Service of Off Reservation Process II. PLEADINGS 201.025 Commencement of Action 201.030 Answer to the Complaint 201.035 Liberal Construction 201.040 Pleading Errors 201.045 Counter Claims 201.050 Joinder of Claims 201.055 Joinder of Parties III. EVIDENCE 201.060 Rules of Evidence 201.063 Evidence of Damages IV. DISCOVERY 201.100 Discovery Methods 201.105 Scope of Discovery 201.110 Insurance Policies 201.115 Deposition 201.120 Order for examination V. FEES 201.200 Filing Fee 201.205 Withdrawal of Action 201.210 Payment of Fees VI. SMALL CLAIMS 201.250 Authority VII. TRIAL CONDUCT 201.300 Appearance 201.305 Procedure Chapter 202. Criminal Procedures I. CRIMINAL PROCEDURES 202.010 Definitions. II. PRELIMINARY PROCEEDINGS 202.100 Complaints 202.105 Statute of Limitations 202.110 Withdrawal of a Complaint 202.120 Arrests. 202.125 Private Person Arrests. 202.130 Arrest Warrants. 202.135 Non-Tribal Warrants. 202.140 Summons. 202.150 Search Warrants. 202.155 Execution of Warrants. 202.160 Validity of Warrants. 202.165 Search Without Warrant. 202.170 Disposing of Seized Property. III. ARRAIGNMENT 202.200 Purpose of Arraignment. 202.205 Conduct of Arraignment. 202.210 Not Guilty Pleas. 202.220 Guilty Pleas. 202.225 Court Refusal of Plea. 202.230 Sentence. 202.240 No Plea. 202.250 Disqualification Requests. 202.260 Guaranteed Rights. 202.270 Plea Bargain Agreements. 202.275 Plea Bargain Limits. 202.280 Accepting or Rejecting. 202.300 Bail and Bond. 202.305 Failure to Appear. 202.310 Double Bail. 202.320 No Bail. 202.325 No Bail Hearings. 202.330 Bail Amounts. 202.335 Detention Without Bail. 202.340 Bail on Appeal. IV. PRETRIAL 202.400 Pretrial Motions. 202.405 Presentation of Motion. 202.410 Ruling on Motions. 202.415 Scope of Motions. 202.420 Discovery. 202.425 Defendant Requests. 202.430 Prosecutor Requests. 202.435 Sanctions. 202.440 Limits of Discovery. 202.445 Witnesses. V. TRIALS 202.500 Conduct of Trials. 202.505 Lateness. 202.510 Preliminary Motions. 202.520 Opening Statements. 202.525 Prosecution Case. 202.530 Defense Case. 202.540 Exhibits and Evidence. 202.550 Closing Arguments. 202.560 Objections. 202.570 Juries. 202.580 Verdicts. 202.585 Burden of Proof. 202.590 Appeal. VI. POST TRIAL SENTENCING 202.600 After Judgment. 202.610 Sentencing Powers. 202.615 Defendant Must Be Present. 202.620 Presentence Reports. 202.630 Labor for the Tribes. 202.635 Restitution. 202.640 Suspended Sentence. 202.645 Probation Violations. 202.650 Parole. 202.655 Parole Violations. Chapter 203. Appeals I. GENERAL 203.001 Constitution of the Court. 203.005 Decisions of the Court. 203.010 Definitions. II. JURISDICTION 203.015 Court of Appeals. 203.020 Criminal Jurisdiction. 203.025 Civil Jurisdiction. 203.030 Custody Jurisdiction. III. PROCEDURES 203.100 Filing of Notice. 203.105 Appellate Hearings. Chapter 204. Evidence I. EVIDENCE 204.010 Definitions. 204.100 Scope. 204.110 Burden of Presentation. 204.120 Admissibility. 204.130 Hearsay. 204.140 Exclusion of Evidence. 204.150 Judicial Notice. 204.160 Expert Opinion. 204.170 Suppression of Evidence. 204.180 Testimonial Evidence. 204.190 Depositions in Lieu of Testimony. 204.200 Investigations. Chapter 205. Tort Claims 205.001 Authorization for Suit 205.002 Limitations on Liability205.003 Preservation of Other Immunities and Defenses; Vicarious Liability; Volunteers 205.004 Limitations on Forum, Damages and Claims for Relief 205.005 Suits for Performance of Duties 205.006 Tort Claims Procedures Chapter 206. Real Property and Secured Transactions 206.001 Legislative History 206.010 Tribal Court Jurisdiction 206.015 Security Interests Created off the Warm Springs Reservation 206.020 One Action to Foreclose Mortgage Security Interest 206.030 Definitions 206.200 Purpose 206.205 Allottees 206.210 Creation of Mortgage Security Interests in on-Reservation Real Property 206.215 Priority of Liens 206.220 Recording of Leasehold or Allotment Mortgages 206.230 Leasehold or Allotment Mortgage Foreclosure Proceedings 206.240 Service of Process and Procedures 206.250 Cure of Default by Subordinate Lienholder 206.260 Power of the Tribal Court 206.270 Person Subject to Eviction 206.280 Procedures for Service of Notice 206.290 Procedure for Eviction 206.300 Notice of Sale of Real Property 206.310 Conduct of Sale 206.320 Return on Sale of Real Property 206.330 Title to Real Property 206.340 Tribal Right of First Refusal 206.350 Redemption of Real Property Sold at Foreclosure 206.360 Surpluses and Deficiencies from Sales 206.400 Trust Deeds are to be Considered Real Property Mortgages 206.410 Authority for Security; Power of Sale 206.420 Remedies upon Default of Trust Deed. 206.430 Additional Recordings Required. 206.440 Sale of Property under Advertisement and Sale Chapter 260. Class II and Class III Gaming Ordinance 260.1 Purpose 260.001(a) Agent of Service 260.2 Gaming Authorized 260.3 Ownership of Gaming 260.4 Use of Gaming Revenue 260.5 Audit 260.6 Protection of the Environment and Public Health and Safety 260.7 Licenses for Key Employees and Primary Management Officials 260.8 License Locations 260.9 Gaming Commission 260.10 Repeal PUBLIC SAFETY AND JUSTICE Chapter 300. Exclusion from Reservation I. GENERAL 300.001 Enacting Statements II. ORDINANCE 53 300.010 Definitions 300.015 Tribal Prosecutor 300.020 Licenses, Easements, Grants, and Rights-of-Way III. EXCLUSION OF NONRESIDENT NONMEMBERS 300.300 Policy With Regard to Exclusion of Nonresident Nonmembers 300.310 Exclusion of Nonresident Nonmembers 300.315 Evaluation of Grounds for Exclusion by The Tribal Court 300.320 Immediate Exclusion of Nonresident Nonmembers 300.325 Tribal Council or Superintendent Exclusion 300.330 Notice of Proposed Exclusion to Nonresident Nonmembers 300.340. Hearing on Exclusion of Nonresident Nonmembers Before Warm Springs Tribal Court 300.345 Appeals by Nonresident Nonmembers IV. EXCLUSION OF RESIDENT NONMEMBERS 300.400 Policy With Regard to Exclusion of Resident Nonmembers 300.410 Exclusion of Resident Nonmembers 300.415 Evaluation of Grounds for Exclusion by The Tribal Court 300.420 Immediate Exclusion of Resident Nonmembers 300.425 Tribal Council or Superintendent Exclusion of Resident Nonmembers 300.430 Notice of Proposed Exclusion to Resident Nonmember 300.440 Hearing on Exclusion of Resident Nonmembers Before Warm Springs Tribal Court 300.445 Appeals by Resident Nonmembers V. ENFORCEMENT 300.800 Proceedings for Enforcement of Orders of Exclusion 300.810 Entry of Persons onto Reservation for Exclusion Hearing VI. PENALTIES 300.900 Criminal Penalties 300.910 Civil Penalties 300.920 Seizure of Security Chapter 305. Crimes I. DEFINITIONS 305.1 Definitions 305.2 Attempt II. CRIMES AGAINST PERSONS 305.105 Abduction 305.110 Assault 305.115 Assault and Battery 305.135 Child Abuse 305.140 Child Abuse, Obligation to Report 305.145 Contributing to the Delinquency of a Minor 305.150 Extortion 305.155 Forgery 305.160 Fraud. 305.165 Negligent Wounding 305.170 Negotiating a Bad Check 305.175 Recklessly Endangering 305.180 Stalking 305.185 Harassment III. CRIMES AGAINST PROPERTY 305.205 Arson 305.210 Breaking and Entering 305.215 Embezzlement 305.220 Injury to Public Property 305.225 Malicious Mischief 305.230 Receiving Stolen Property 305.235 Theft 305.240 Trespass IV. SEX CRIMES 305.305 Adultery 305.310 Carnal Knowledge 305.315 Intentionally left blank 305.325 Intentionally left blank 305.330 Prostitution 305.335 Rape 305.340 Unnatural Sex Acts 305.345 Sexual Abuse 305.350 Transmission of Sexually Transmitted Disease V. CRIMES AGAINST PUBLIC PEACE AND ORDER 305.403 Aiding or Abetting an Offender or Concealing a Fugitive 305.409 Bribery, Failure to Report 305.412 Carrying Concealed Weapons 305.415 Carrying Weapons, When Prohibited 305.418 Child Neglect 305.421 Animal Fighting 305.424 Cruelty to Animals 305.427 Custodial Interference 305.430 Discharge of Weapons 305.433 Disorderly Conduct 305.434 Private Disorderly Conduct 305.436 Escape 305.439 Failure to Send Children to School 305.442 Failure to Support a Dependent Person 305.445 False Identification 305.448 False Imprisonment 305.451 Unlawful Gambling 305.452 Promotion of Unlawful Gambling 305.453 Cheating 305.454 Initiating a False Report 305.460 Littering 305.463 Maintaining a Public Nuisance 305.469 Obstructing Justice 305.472 Perjury 305.475 Refusing to Aid an Officer 305.478 Resisting Arrest 305.481 Riot, Unlawful Assembly 305.483 Assaulting a Law Enforcement or Service Animal 305.484 Throwing Away Lighted Material 305.487 Unlawful Meetings, Parades or Gatherings 305.490 Violation of an Approved Tribal Ordinance 305.493 Wounds, Reporting Required VI. DRUG RELATED CRIMES 305.501 Definitions for WSTC 305.501 to WSTC 305.570 305.505 Unlawful Manufacture of a Controlled Substance 305.510 Unlawful Use or Possession of a Controlled Substance 305.515 Unlawful Delivery of a Controlled Substance 305.520 Sale of Drug Paraphernalia 305.525 Possession of Drug Paraphernalia 305.530 Causing Another Person to Ingest a Controlled Substance 305.535 Delivery of a Counterfeit Controlled Substance 305.540 Permitting the Use, Manufacture, Sale, or Delivery of a Controlled Substance 305.545 Intoxication by Inhalation 305.550 Tampering with Drug Records 305.555 Falsifying Drug Test Results 305.560 Providing Drug Test Falsification Equipment 305.565 Furnishing a Controlled Substance to a Minor 305.570 Penalties for Drug Related Offenses VII. GANG ENFORCEMENT 305.601 Definitions for WSTC 305.601 to WSTC 305.615 305.605 Criminal Street Gang Activity; Enhancement of Penalties 305.610 Soliciting, or Recruiting Criminal Street Gang Membership. 305.615 Seizure of Profits, Proceeds, and Instrumentalities of Criminal Street Gang Activities or Recruitment; Forfeiture VIII. PENALTIES 305.705 Forfeiture 305.710 Restitution 305.715 Sentences and Fines 305.720 Violations by Non-Indians Chapter 306. Trespass 306.001 Legislative Intent and Findings 306.010 Definition 306.020 Trespass 306.030 Trespass with Intent to Commit a Crime 306.035 Infractions; Classes of Infractions 306.040 Persons not Subject to this Chapter 306.045 Authority to Issue Citation 306.047 Private Person may Commence Action 306.049 Appearance by Defendant 306.051 Hearing Date 306.053 Trial; Burden of Proof 306.055 Appeal 306.060 Seizure of Security 306.065 Removal from Reservation Chapter 307. Liquor Violations 307.010 Definitions 307.020 Prohibited Activity 307.030 Penalties Chapter 310. Traffic I. GENERAL 310.010 Definitions. For purposes of WSTC Chapter 310 and 311 the following definitions apply II. TRAFFIC OFFENSE PROCEDURES 310.100 Jurisdiction of Tribal Courts and State Courts 310.110 Venue for Traffic Offenses 310.115 Time to Bring Action 310.120 Authority of Police Officer to Arrest or Issue Citations 310.122 Uniform or Badge Required 310.130 Putting up Bail 310.140 Traffic Citation Requirements 310.150 Private Person May Commence Action 310.160 Appearance by Defendant 310.170 Effect of Statement In Explanation or Mitigation 310.180 Hearing Date; Action for Failure to Appear 310.190 Discretionary Hearing III. TRAFFIC INFRACTIONS 310.200 General 310.210 Classification of Traffic Infractions 310.220 Fines for Traffic Infractions 310.230 Trial; Burden of Proof 310.250 Appeal 310.260 Trial Judge’s Authority to Order Suspension of Driving Privileges 310.270 State of Oregon Authorized to Control Traffic Upon Highway 26 310.280 Promulgation of Rules by Justice Services Administrator and Chief Tribal Court Judge IV. RULES OF THE ROAD General Rules 310.300 Application of Speed Regulations and Traffic Signals to Emergency Vehicles 310.305 Application of Speed Regulations and Traffic Signals to Ambulances 310.310 Permitting Unlawful Operation of a Vehicle 310.315 Failing to Obey Police Officer 310.317 Operator’s License Required; Issuance of Tribal Driver’s License Traffic Signs, Signals and Markings 310.320 Obedience to Traffic Control Devices Required 310.325 When Interference with Official Traffic Control Device is Unlawful 310.326 Driving a Vehicle Without Owner’s Consent Driving on Right Side of Highway Overtaking and Passing; Use of Roadway 310.330 Duty to Drive on Right Side of Roadway 310.332 Slow Driver Duty to Drive on Right 310.334 Duty to Drive on Right on Two–Way Four–Lane Roadway 310.336 Slower Driver Duty to Yield. 310.338 Duty of Driver of Certain Vehicles to Drive to Right 310.340 Passing Vehicles Proceeding in Opposite Direction 310.342 Overtaking on Left 310.344 Overtaking on Right 310.346 Further Limitations on Driving on Left of Center of Roadway 310.348 No Passing Zone 310.350 One–Way Roadways 310.352 Driving on Roadways Laned for Traffic 310.354 Following Too Closely 310.356 Driving on Divided Highway 310.358 Careless Driving. 310.359 Carrying or Towing Person on Outside Part of Vehicle Right of Way 310.360 Right of Way at Uncontrolled Highway Intersection 310.362 Driver Turning Left 310.364 Stop Signs and Yield Signs 310.366 Right of Way at Merging Lanes of Arterial Highway 310.368 Vehicle Entering Roadway from Private Road, Alley or Place 310.370 Operation of Vehicles on Approach of Emergency Vehicle or Ambulance Pedestrians’ Rights and Duties 310.372 Pedestrian’s Right of Way in Crosswalk 310.374 Pedestrian Leaving Curb 310.376 Pedestrian’s Use of Sidewalk, Shoulder and Roadway Edge 310.378 Pedestrian Must Yield Right of Way 310.380 Pedestrian Soliciting Rides or Business 310.390 Pedestrian’s Right of Way on Sidewalks Turning and Moving; Signals on Stopping and Turning 310.392 Required Position and Method of Turning 310.394 U–Turns Prohibited. 310.396 Moving a Stopped, Standing or Parked Vehicle 310.398 Unlawful Turn, Change of Lane, Stop and Use of Signals 310.400 Signals by Hand and Arm or by Signal Lamps 310.402 Method of Giving Required Signals Special Stops Required 310.404 Overtaking and Passing School Bus and Certain Other Buses 310.406 Stopping Before Driving onto Sidewalk from Alley, Driveway or Building Speed Restrictions 310.408 Basic Speed Rule 310.410 Speeds Constituting Prima Facie Evidence of Violation 310.412 Special Speed Limits Set by the Oregon Transportation Commission 310.414 Arrest Without Warrant in Radar Cases 310.416 Impeding Traffic 310.418 Speed Races Prohibited on Public Ways Stopping, Standing and Parking 310.420 Stopping, Standing or Parking Outside Business or Residence Districts 310.422 Stopping, Standing or Parking Prohibited in Specific Places 310.424 Obstruction of Roadway by Wrecker or Tow Car 310.426 Police Officers Authorized to Move Vehicles 310.427 Unattended Motor Vehicle Miscellaneous Rules 310.428 Limitations on Backing 310.430 Obstruction of Driver’s View; Passengers Interfering with Driver; Passengers In Trailer 310.432 Opening and Closing Vehicle Door 310.434 Coasting Prohibited 310.436 Following Fire Apparatus Prohibited 310.438 Crossing Fire Hose 310.439 Littering 310.440 Tow Truck Operator to Remove Injurious Substance From Highway 310.441 Unlawful Obstruction or Blocking of Traffic 310.442 Obstructing Cross Traffic 310.443 Operation of Vehicle in Closed Area 310.444 Livestock on Highway; Duty of Caution; Yielding Right of Way to Livestock 310.445 Duty of Driver Striking Animal Alcoholic Liquor In Vehicles 310.446 “Motor Vehicle” Defined for Purpose of WSTC 310.446 to 310.452 310.448 Drinking Alcoholic Liquor in Vehicle on Highway Prohibited 310.450 Possessing Open Liquor Container in Vehicle on Highway Prohibited 310.452 Keeping Open Liquor Container in Vehicle on Highway Prohibited Unless Container is in Area Normally Unoccupied by Operator or Passengers V. TRAFFIC CRIMES 310.500 Identification of Traffic Crimes 310.505 Application of Traffic Crimes Upon Premises Open to the Public 310.510 Driving While Under the Influence of Intoxicants 310.515 Reckless Driving 310.520 Fleeing or Attempting to Elude a Police Officer 310.525 Driving While Suspended or Revoked or Beyond License Restriction 310.530 Penalties for Traffic Crimes VI. IMPLIED CONSENT LAW 310.550 Implied Consent to Chemical Tests 310.555 Police Report of Refusal 310.560 Evidence of Refusal Admissible 310.565 Suspension for Refusing Breath Test; Notice of Suspension 310.570 Hearing on Suspension Under WSTC 310.565 310.600 Seat Belts and Child Restraints Required Chapter 311. Motor Vehicle Equipment; Abandoned Vehicles; Accidents I. DEFINITIONS 311.010 Definitions II. GENERAL PROVISIONS 311.020 Unlawful to Drive Defectively or Unlawfully Equipped Vehicle; Police Permitted to Stop Vehicles and Make Inspections 311.022 Application of Equipment Rules to Implements of Husbandry 311.24 Officer Authorized to Remove Illegally Stopped Vehicle 311.25 Custody of Vehicle When Operator is Arrested 311.26 Other Removal of Vehicles 311.27 Tampering with or Damaging a Vehicle III. ABANDONED VEHICLES 311.030 Abandoning Vehicle Prohibited 311.032 Taking Abandoned or Disabled Vehicle into Custody 311.034 Notice to Owner 311.036 Owner Reclaiming Vehicle 311.038 Sale of Vehicle if not Reclaimed IV. EQUIPMENT ON VEHICLES Lights 311.040 When Lights are Required to be on; Application of Visibility and Height Provisions 311.042 Driving with Parking Lights Lighted Prohibited when Head Lights Required 311.044 Headlights Required 311.046 Taillights Required 311.048 Stop Lamps and Turn Signal Lamps Required; Exceptions 311.050 Rear Reflectors Required 311.052 Reflectors, Clearance and Marker Lamps, and Stop Lights on Various Vehicles 311.054 Color of Lamps and Reflectors 311.056 Mounting Reflectors and Clearance Lamps 311.058 Visibility of Reflectors, Lamps and Stop Lights 311.060 Lighting Required for a Combination of Vehicles 311.062 Lights Required on Parked Vehicles 311.064 Lights Required on Miscellaneous Vehicles 311.066 Warning Lights 311.067 Arrangement of Head Lamps and Other Lights 311.068 Distribution and Intensity of Head Lights When on Road and When Meeting Vehicle 311.070 Requirements when Single Distribution Used 311.072 Limitations on Lights at Front of Vehicles or Equipment 311.074 Spot, Auxiliary Driving, Fender and Back-up Lamps Permitted. Any motor vehicle may be equipped with 311.076 Use of Lamps in Accordance with Oregon Motor Vehicles Division Rule Miscellaneous Equipment 311.078 Brakes Required 311.080 Specifications for Hydraulic Brake Fluid 311.082 Horns and Other Sound Equipment 311.084 Exhaust System Required; Noise Emission Standards 311.086 Rearview Mirror 2 311.088 Obstruction of Windows Prohibited; Windshield Wiper Required 311.090 Light or Flag at End of Load 311.092 Flares and Similar Warnings for Trucks and Buses 311.094 Slow-moving Vehicle Emblem; Division Regulation of Design, Mounting 311.096 Fenders, Flaps, Covers or Splash Aprons Required for Certain Vehicles 311.098 Size and Construction Requirements for Fenders and Covers 311.100 Fenders Not Required on Certain Pre-1935 Vehicles 311.102 Binders on Log Loads Minimum Clearance 311.104 Minimum Clearance from Roadway for Passenger Motor Vehicles V. BICYCLES 311.108 Parent or Guardian Prohibited from Permitting Child to Violate Bicycle Equipment Laws 311.110 Lamps and Other Equipment on Bicycles VI. MOTOR SCOOTERS 311.112 Motor Scooters VII. SNOWMOBILES 311.114 Snowmobiles: Prohibited Acts VIII. ACCIDENTS 311.200 Duties of Drivers and Witnesses at Accidents 311.202 Driver’s Duties When He Collides With Unattended Vehicle or Other Property 311.204 Accident Reports Required IX. RESTRICTIONS ON USE OF HIGHWAYS; WEIGHTS AND SIZES OF VEHICLES 311.300 Application of Size and Weight Provisions; Fees; Violators Liable for Damages 311.301 Notwithstanding the provisions of WSTC 310.160(2)(b) non-Indians violating the provisions of WSTC 311.300 to 311.442 may be cited into Tribal Court in the discretion of the citing officer 311.302 Restrictions on Width, Height and Length of Vehicles; Exemptions 311.303 Additional Restrictions During Certain Seasons and Weather Conditions 311.304 Maximum Axle, Wheel and Gross Weights for Vehicles. Except as authorized by the terms of permits issued pursuant to WSTC 311.322 311.306 Restrictions on Number of Vehicles in a Combination; Coupling Devices 311.308 Sifting or Leaking Loads; Permit for Food Processing By-Products 311.310 Sleds Prohibited Except With Permit 311.312 Dragging Object on Highway Prohibited. 311.314 Pneumatic Tires, When Required 311.316 Metal Objects on Tires Permitted; Conditions 311.318 Authority to Permit Operation of Vehicles of Excess Weight or Length over Certain Highways 311.320 Permit for Operation of Certain Noncomplying Vehicles 311.322 Permit for Operation of Non-complying Vehicle Generally; Conditions for Issuance; Cancellation of Permit 311.324 Carrying Permit in Vehicle 311.326 Weighing of Vehicles on Highway; Detention of Vehicle Until Its Load Complies with Statutes or Permit; Tolerances 311.328 Methods of Determining Gross Weights 311.329 Carrying Dog or Child on External Part of Motor Vehicle 311.330 Designation of Streets, Roads or Highways as Truck Routes 311.332 Truck Route Designation to be by Order, Resolution or Ordinance; Erecting Appropriate Signs; When Prohibitions are Effective; Violation Prohibited 311.338 Penalties Generally 311.340 Penalties for Violating Weight Provisions 311.442 Driver or Chauffeur May be Exonerated From Overloading Violation if in Good Faith Chapter 312. Tribal Boating I. GENERAL PROVISIONS 312.010 Definitions II. BOATING OFFENSE PROCEDURES 312.100 Jurisdiction of Tribal Courts and State Courts 312.105 Venue for Boating Offenses 312.110 Authority of Police Officer to Arrest or Issue Citations 312.115 Uniform or Badge Required 312.120 Seizure of Equipment 312.125 Putting up Bail 312.130 Boating Citation Requirements 312.135 Appearance by Defendant 312.140 Effect of Statement In Explanation or Mitigation 312.145 Hearing Date; Action for Failure to Appear 312.150 Discretionary Hearing 312.155 Hearing; Burden of Proof 312.160 Appeal 312.165 Promulgation of Rules by the Chief Tribal Court Judge III. PENALTIES 312.200 Boating Infractions – General 312.205 Classification of Boating Infractions 312.210 Fines for Boating Infractions 312.215 Boating Crimes 312.220 Trial Judge’s Authority to Order Suspension of Boating Privileges IV. OBEYING POLICE 312.300 Failing to Obey Police Officer; Penalty 312.305 Fleeing or Attempting to Elude Police Officer; Penalty V. EQUIPMENT REQUIREMENTS 312.400 Operating Improperly Equipped Boat Prohibited 312.405 Personal Flotation Devices; Rules 312.410 Fire Extinguishers 312.415 Lights 312.420 Sound Signaling Devices 312.425 Carburetors 312.430 Ventilation Systems 312.435 Muffling Devices VI. BOATING OPERATIONS 312.500 Operating Boat in Violation of Chapter Prohibited 312.505 Operation of Motorboat by Person 12 to 15 Years of Age 312.510 Operation of Motorboat by Person 16 Years of Age or Older 312.515 Exemption From Requirement to Obtain Boating Safety Certificate 312.520 Boating Safety Certificate Required to Operate Motorboat 312.525 Unsafe Operation 312.530 Reckless Operation; Speed 312.535 Operating Boat While Under Influence of Intoxicating Liquor or Controlled Substance 312.540 Liability of Owner for Negligent Operation of Boat 312.545 Operator to Maintain Lookout 312.550 Navigation Rules 312.555 Boating Lanes; Swim Areas 312.560 Overloading 312.565 Riding on Bow, Gunwale or Transom 312.570 Waterskiing, Surfboarding and Similar Activities 312.575 Mooring to Buoys and Beacons; Defacing or Destroying Navigational Markers 312.580 Police Officer Authority to Require Operator to Remedy Especially Hazardous Condition 312.585 Person Required to Remedy Especially Hazardous Condition VII. ACCIDENTS 312.600 Duties of Operators and Witnesses at Accidents 312.605 Accident Report Required; Rules 312.610 Form of Report 312.615 Confidential Nature of Report 312.620 Report of Accident Resulting in Death or Disappearance; Duties of Passengers VIII. BOATING UNDER INFLUENCE OF INTOXICANTS 312.700 Implied Consent to Chemical Tests for Intoxicants; Refusal to Submit; Consequences 312.705 Chemical Evidence of Use of Intoxicants 312.710 Implied Consent to Field Sobriety Tests for Intoxicants; Refusal to Submit 312.715 Evidence of Refusal to Submit to Test in Legal Proceeding 312.720 Police Report of Refusal 312.725 Suspension for Refusing Breath Test; Notice of Suspension IX. ABANDONED BOATS 312.800 Abandoning Boat Prohibited 312.805 Taking Abandoned or Disabled Boat into Custody 312.810 Notice to Owner 312.815 Owner Reclaiming Boat 312.820 Sale of Boat if not Reclaimed X. NON-TRIBAL MEMBER ACCESS TO WATERS WITHIN THE EXTERNAL BOUNDARIES OF THE WARM SPRINGS RESERVATION 312.900 Reservation Waters Closed to Non-Tribal Members 21 312.905 Waters Within the External Boundaries of the Warm Springs Reservation Open to Non-Tribal Members, Subject to Applicable Regulations Chapter 320. Probate I. GENERAL 320.010 Definitions. As used in this Chapter, except where the context otherwise requires II. JURISDICTION OF TRIBAL COURT 320.20 Jurisdiction of Tribal Court 320.21 Control of Funeral Arrangements III. INTESTATE SUCCESSION AND WILLS 320.30 Wills 320.31 Intestate Succession 320.32 Escheat 320.33 Effect of Adoption 320.34 Effect of Feloniously Taking Life of Another IV. INITIATION OF PROBATE 320.40 Duty to Present Will for Probate 320.41 Proving and Admitting Will 320.42 Initiating Administration of Estate 320.43 Appointment, Qualifications and Duties of Administrator 320.44 Appointment and Duties of Appraiser 320.45 Summary Probate of Exempt Estates 320.46 Homestead Exemption 320.47 Claims Against the Estate 320.48 Sale of Property 320.49 Annual Accounting 320.50 Settlement of Final Account, Determination of Heirship 320.51 Closing Estate 320.52 Reopening Closed Estate 320.53 Notice of Action Chapter 330. Emergency Detention of Mentally Ill Persons I. GENERAL 330.010 Definitions II. EMERGENCY DETENTION PROCEDURES 330.020 Application for Emergency Detention Order 330.030 Emergency Detention Order 330.40 Emergency Detention In Tribal Facility Chapter 331. Domestic Relations I. GENERAL 331.010 Definitions II. MARRIAGE 331.100 Tribal Custom Marriages and Divorces Legalized 331.105 Future Indian Custom Marriages 331.110 Marriage Contract, Age and Parties 331.115 Prohibited Marriages 331.120 Voidable Marriages 331.125 Marriage License 331.130 When Consent of Parents Necessary 331.135 Persons Who May Solemnize Marriages 331.140 Records 331.145 Certification of Marriage to be Given to Parties 331.150 Form of Solemnization – Witnesses 331.155 Certificate of Marriage to be Filed with Agency and Tribe 331.160 Marriages Consummated in Other Jurisdictions III. DIVORCE AND ANNULMENT 331.200 Divorce Jurisdiction 331.205 Residence Requirements 331.210 Waiting Period 331.215 Grounds for Divorce 331.220 Filing Fee 331.225 Records 331.230 Remarriage 331.235 Provisions Court May Make by Order after Commencement of Action and Before Decree 331.240 Provisions of Decree 331.245 Domestic Relations Referee 331.250 Counseling for Reconciliation 331.255 Appeal 331.260 Setting Aside or Modifying Judgment IV. GUARDIANS 331.300 Guardians V. ADOPTION 331.400 Who May Be Adopted 331.405 Adoption Petition 331.410 Consent to Adoption 331.415 Failure to Appear 331.420 Adoption Hearing 331.425 Appeal from Judgment of Adoption 331.430 Effect of Judgment of Adoption 331.435 Adoption of Tribal Members by Non-Members VI. CHANGE OF NAME 331.500 Change of Name VII. FILIATION PROCEEDINGS 331.600 Legislative History and Explanatory Notes 331.605 Jurisdiction 331.610 Definition 331.615 Initiation of Proceedings 331.620 Tribal Court Proceedings VIII. PARENT AND CHILD RELATIONSHIP 331.700 Duty of Support 331.710 Petition for Support 331.720 Jurisdiction of Support Proceedings IX. ABUSE PREVENTION LAW 331.800 Short Title 331.805 Definitions for WSTC 331.800 to 331.820 331.810 Petition to Tribal Court for Relief 331.815 Scope of Relief; Bond or Filing Fee Not Required 331.820 Enforcement of Restraining Orders; Contempt Hearings; Bail X. TRIBAL ELDER AND ADULT PROTECTION CODE 331.900 Title 331.905 Policy 331.910 Purpose 331.915 Nature of Code 331.920 Definitions 331.930 Duty to Report Abuse, Harassment, or Neglect of an Elder 331.935 Confidentiality of Elder Abuse Reporting Party 331.940 Elder Protection Order 331.950 Enforcement Chapter 340. Fishing Code 340.010 General 340.100 Definitions 340.200 Fishing – On-Reservation 340.210 On-Reservation Fishing by Members 340.220 On-Reservation Fishing By Non-Members 340.300 Fishing Off-Reservation 340.310 Off-Reservation Fishing by Members 340.320 Off-Reservation Fishing By Non-Members 340.400 Prior Ordinances Repealed 340.700 Penalties 340.800 Columbia River Inter-Tribal Code Chapter 341. Sherars Bridge Management I. GENERAL 341.001 Legislative History 341.010 Definitions II. FISHING REGULATIONS 341.110 Non-Indian Fishing. 341.120 Establishment of Sherars Bridge Fish Committee 341.130 Fish Committee Regulations 341.140 Enforcement of Regulations 341.150 Authority of Tribal Council III. MANAGEMENT PLAN IV. RULES AND REGULATIONS 341.400 Applicability of Regulation 341.402 Compliance with Regulations, Federal Law, and State Law 341.403 Promulgation of Rules and Procedures 341.405 Issuance of Citations 341.410 Removal of Persons and Equipment 341.415 Violation by Indians 341.420 Interference with Tribal Official 341.422 Night Occupancy 341.424 Motorized Vehicles 341.426 Rafters and Boaters and Persons Using Other Floating Devices 341.428 Pets 341.430 Fires 341.432 Camping Fees 341.433 Maximum Camping Day Length 341.434 Designated Campsites 341.435 Vacating Time and Quiet Hours 341.436 Environmental Damage 341.438 Archaeological Protection 341.440 Vandalism 341.442 Sanitation 341.444 Nuisances 341.446 Fireworks 341.448 Public Address Systems and Metal Detectors 341.450 Blocking Traffic 341.452 Interference with Access 341.454 Violent Conduct 341.456 Alcoholic Beverages 341.460 Hunting and Firearms 341.462 Signs and Concessions 341.464 Waste in River Chapter 345. Livestock Control in Populated Areas 345.010 Definitions 345.020 Areas Closed To Livestock 345.030 Responsibility and Liability of Owners 345.040 Seizure and Disposition of Livestock at Large; Procedures 345.050 Procedure When Livestock Not Seized. 345.060 Municipal Branch Manager and Chief Tribal Judge to Promulgate Regulations Chapter 350. Hunting and Trapping Code 350.010 General 350.100 Definitions 350.200 Hunting – On–Reservation 350.210 On–Reservation Hunting by Members 350.220 On–Reservation Hunting – Non–Members 350.500 Hunting Off–Reservation 350.510 Off–Reservation Hunting by Members 350.520 Off–Reservation Ceremonial Hunting 350.600 Prior Ordinances Repealed 350.700 Penalties Chapter 355. Fire and Safety [Withheld] Chapter 360. Juveniles I. GENERAL 360.105 Objective 360.110 Definitions 360.115 Jurisdiction 360.120 Juvenile Prosecutor 360.125 Representation 360.130 Hearings 360.135 Commitment 360.140 Statute of Limitations II. DELINQUENT JUVENILES 360.200 Procedure for Delinquency Cases 360.205 Petition that Juvenile is Delinquent Juvenile 360.210 Informal Resolution of Delinquency Cases 360.215 Disposition for Delinquency Cases 360.220 Remand to Tribal Court III. JUVENILES IN NEED OF SUPERVISION 360.300 Juvenile in Need of Supervision 360.305 Curfew 360.310 Juvenile in Possession of Alcohol or Tobacco 360.315 Firearms 360.320 Procedure for Supervision Cases 360.325 Petition that Juvenile is Juvenile in Need of Supervision 360.330 Informal Resolution of Supervision Cases 360.335 Disposition for Supervision Cases IV. NEGLECTED OR ABUSED JUVENILES 360.400 Procedure for Dependency Cases 360.405 Petition that Juvenile is Neglected or Abused Juvenile 360.410 Jurisdictional Hearing for Dependency Cases 360.415 Ward of the Juvenile Court 360.420 Disposition for Dependency Cases 360.425 Commitment of Ward to Custody of Children’s Protective Services 360.430 Placement for Dependency Cases 360.435 Permanent Custody 360.440 Off-Reservation Enforcement 360.445 Title IV-E Funding Agreements V. INDIAN CHILD WELFARE ACT PROCEEDINGS 360.500 Applicability of Indian Child Welfare Act 360.505 Receipt of Notice 360.510 Investigation and Pre-Transfer Report 360.515 Transfer or Intervention 360.520 Acceptance of Transfer 360.525 State Court Record 360.530 Transfer Hearing VI. EMANCIPATION 360.600 Decree 360.605 Effect of Decree VII. MISCELLANEOUS 360.700 Traffic Offenses 360.705 Compulsory School Attendance 360.710 Support Obligation 360.715 Juvenile Records Chapter 361. Competency Hearings [Withheld] Chapter 362. Conservators and Guardians 362.001 Legislative History and Explanatory Notes 362.010 Definitions 362.100 Jurisdiction 362.110 Inapplicable to Juvenile Dependency Cases 362.200 Commencement of Proceedings 362.210 Persons Entitled to File Petitions 362.220 Contents of Petition 362.230 Notice of Proceedings 362.300 Preference in Appointing Conservator and/or Guardian 362.310 Hearings; Notice 362.320 Emergency Orders 362.325 Appointment of Spokesperson for Proposed Ward 362.330 Home Evaluations, Physical and Mental Examinations 362.340 Findings; Appointment 362.350 Effect of Accepting Appointment as Conservator and/or Guardian 362.360 Termination or Removal of Conservatorship and/or Guardianship 362.365 Resignation of Conservator or Guardian 362.370 General Powers of Guardians 362.380 General Powers of Conservators 362.385 Powers of Conservator Pursuant to Tribal Court Order 362.390 Reports to the Tribal Court 362.400 Bonds 362.900 Penalties Chapter 363. Detoxification Procedures 363.001 Legislative History and Intent 363.050 Custody of Intoxicated Persons 363.100 Lodging and Jail 363.150 Transportation to Treatment Facility Chapter 375. Workers' Compensation I. GENERAL PROVISIONS 375.105 Establishment of Plan 375.110 Declaration of Policy 375.115 Compensation As Exclusive Remedy 375.120 Intentional Injuries 375.125 Scope 375.130 Administration 375.135 Definitions II. COVERAGE 375.200 Persons Covered 375.205 Persons Not Covered 375.210 Workers with Preexisting Medical Conditions 375.215 Specific Medical Conditions 375.220 Workers Injured During Lunch or Scheduled Break 375.225 Workers Awarded Compensation Through Other Compensatory Schemes 375.230 Payment of Awards After Death 375.235 Entitlements for Incarcerated Workers III. COMPENSATION AND MEDICAL BENEFITS 375.300 Death 375.305 Permanent Total Disability 375.310 Death During Permanent Total Disability 375.315 Offsetting Permanent Total Disability Benefits Against Social Security Benefits 375.320 Temporary Total Disability 375.325 “Average Weekly Wage” Defined 375.330 Temporary Partial Disability 375.335 Permanent Partial Disability 375.340 Permanent Partial Disability, Method of Payment; Effect of Prior Receipt of Temporary Disability Payments 375.345 Continuance of Permanent Partial Disability Payments to Survivors; Effect of Death Prior to Final Disposition; Burial Allowance 375.350 Compensation For Additional Accident 375.355 Cohabitants and Children Entitled To Compensation 375.360 Payments Direction To Beneficiary or Custodian 375.365 Accelerating Award Payments with Approval of the Workers’ Compensation Committee 375.370 Compensation Not Assignable, Nor to Pass By Operation of Law and Is Exempt From Process 375.375 Medical Services and Supplies IV. CLAIMS PROCEDURES 375.400 Notice of Accident; Notification of Worker’s Rights 375.405 Claims of Injured Workers to be Acted Upon Promptly 375.410 Worker’s Application for Compensation; Physician to Aid With; Procedures-for Medical Treatment 375.415 Occupational Diseases: Compensation and Benefits 375.420 Statutes of Limitation 375.425 Burden of Proof 375.430 Presumptions 375.435 Proof of Dependency 375.440 Compromise and Release 375.445 Claim Closure 375.450 Sending Notice, Orders, Warrants to Injured Workers 375.455 Recovery of Payments Made Due to Error, Mistake, Erroneous Adjudication, Fraud, etc. 375.460 Medical Examination: Refusal to Submit; Travel Expenses 375.465 Medical Evaluations 375.470 Testimony of Physicians Not Privileged 375.475 Claim Files and Records Confidential 375.480 Actions Against Third Persons: Election by the Injured Person, or Beneficiary, Authorized; Lien by Employer V. PROTESTS AND APPEALS 375.500 Protests 375.505 Appeals 375.510 Attorney’s Fees: When Paid by the Fund; Limitations VI. FUNDING 375.600 Classification of Tribal Entities for Funding Purposes 375.605 Funding for Group A Tribal Entities 375.610 Funding for Group B Entities 375.615 Annual and Quarterly Reports Chapter 376. Victim Rights I. GENERAL 376.001 Objective 376.005 Definitions 376.010 Victim Rights 376.015 Implementation of Rights and Duties 376.020 Inability to Exercise Rights 376.025 Notice II. INFORMATION AND NOTICE REQUIRE-MENTS 376.100 Information Provided to Victim by Law Enforcement. 376.105 Notice of Terms and Conditions of Release 376.110 Pretrial Notice 376.115 Notice of Criminal Proceedings 376.120 Notice of Conviction, Acquittal, or Dismissal 376.125 Notice of Post-Conviction Review and Appellate Proceedings 376.130 Notice of Escape 376.135 Notice of Prisoner’s Status 376.140 Notice of Probation/Parole Modification, Termination, or Revocation III. VICTIM’S RIGHT TO PARTICIPATE 376.200 Form of Participation 376.205 Victim Impact Statement 376.210 Victim Conference with Prosecutor and Victim Advocate 376.215 Plea Negotiation Proceedings 376.220 Sentencing 376.225 Probation/Parole Modification, Revocation Disposition, or Termination Proceedings IV. MISCELLANEOUS 376.300 Return of Victim’s Property 376.305 Privileged Information Exception for Communications between Victim Advocate and Victim 376.310 Minimizing Victim’s Contacts 376.315 Victim’s Right to Refuse an Interview 376.320 Victim’s Right to Privacy 376.325 Standing to Invoke Rights Chapter 380. Sex Offender Registration and Notification I. GENERAL 380.001 Purpose 380.002 Creation of Sex Offender Registry 380.003 Creation of Public Sex Offender Registry Website II. TERMINOLOGY AND COVERED OFFENSES 380.010 Definitions 380.015 Covered Offenses III. TIERING OF OFFENSES 380.100 Tier 1 Offenses 380.105 Tier 2 Offenses 380.110 Tier 3 Offenses 380.115 Frequency and Duration 380.120 Requirements for In-Person Appearances IV. REQUIRED INFORMATION 380.200 General Requirements 380.205 Criminal History 380.210 Date of Birth 380.215 DNA Sample 380.220 Driver’s Licenses, Identification Cards, Passports, and Immigration Documents 380.225 Employment Information 380.230 Finger and Palm Prints 380.235 Internet Identifiers 380.240 Name 380.245 Phone Numbers 380.250 Picture 380.255 Physical Description 380.260 Professional Licensing Information 380.265 Residence Address 380.270 School 380.275 Social Security Number 380.280 Temporary Lodging 380.285 Offense Information 380.290 Vehicle Information 380.295 International Travel V. REGISTRATION 380.300 When Registration with the Tribe is Required 380.305 Initial Registration 380.310 Retroactive Registration 380.315 Keeping Registration Current 380.320 Failure to Appear for Registration and Absconding VI. PUBLIC SEX OFFENDER REGISTRY WEBSITE 380.400 Website 380.405 Required and Prohibited Information 380.410 Community Notification VII. IMMUNITY 380.500 No Waiver of Immunity 380.505 Good Faith VIII. CRIMES AND CIVIL SANCTIONS 380.600 Criminal Penalties 380.605 Civil Penalties 380.610 Hindrance of Sex Offender Registration Chapter 390. SB 412 Implementation I. GENERAL 390.001 Objective 390.010 Definitions II.IMPLEMENTATION OF SB 412 REQUIREMENTS 390.100 Insurance 390.105 DPSST Requirements 390.110 Deadly Physical Force Plan 390.115 Retention of SB 412 Records 390.120 Public Inspection of SB 412 Records 390.125 Biological Evidence 390.130 Tort Claims against Slate Certified Tribal Officers 390.135 Pretrial Discovery Policy 390.140 WSPD Policies and Procedures III. SB 412 TORT CLAIMS AGAINST CRITFC 390.200 CRITFC Officers 390.205 Authorization for Suit 390.210 Limitations on Forum, Damages, and Claims for Relief 390.215 Tort Claim Procedures PHYSICAL FACILITIES AND NATURAL RESOURCES Chapter 400. Housing I. WARM SPRINGS HOUSING POLICY 400.1 Legislative History 400.2 Housing Policies II. GENERAL 400.010 Definitions III. WARM SPRINGS TRIBAL AUTHORITY 400.015 Establishment of Warm Springs Tribal Authority 400.017 Declaration of Need. 400.020 Purpose 400.022 Board of Commissioners 400.24 Powers 400.25 Obligations 400.26 Annual Report 400.28 Conflict of Interest 400.29 Compliance with Federal Laws 400.30 Related Codes 400.31 Fidelity Bond 400.32 Nonprofitability of Projects 400.034 Tax Exempt Status 400.036 Property Exempt From Judicial Process 400.038 Cooperation of Tribes in Connection with Projects 400.040 Approval by Secretary of the Interior 400.045 Approval of Tribal Council Required IV. TRIBAL HOUSING DEPARTMENT 400.050 Purpose 400.052 Organization – Executive Director and Staff 400.054 Powers 400.056 Compensation 400.058 Depository 400.060 Records, Reports and Audits 400.062 Public Safety V. TRIBAL WELFARE DEPARTMENT 400.070 Authority 400.072 Operation VI. AMENDMENT OF HOUSING CODE AND PROMULGATION OF REGULATIONS 400.090 Housing Code Amendment 400.095 Promulgation of Regulations VII. SELECTION OF TENANTS AND PROCESSING OF APPLICATIONS 400.105 Non-Discrimination 400.110 Low-Income Housing Eligibility 400.115 Other Housing Eligibility 400.120 Application Procedure 400.125 Occupancy Standards 400.130 Selection Criteria 400.132 Grievances Procedures VIII. ASSIGNMENT OF HOUSING AND MOBILE HOME COURT LOTS 400.135 General 400.140 Regular Placements 400.145 Dire Emergency Need 400.150 Priority Placement IX. ESTABLISHMENT AND REVIEW OF RENTAL RATES 400.200 General 400.210 Establishment of Rents 400.215 Review of Rental Rates X. CONDITIONS OF OCCUPANCY 400.300 Rental Agreement 400.302 Warm Springs Tribal Court Jurisdiction 400.305 Deposits 400.310 Damages, Repair and Maintenance 400.315 Management, Damage and Repair 400.320 Utilities 400.325 Insurance 400.330 Sub-Leasing 400.335 Visitors 400.340 Grievance Procedure 400.345 Inspections 400.350 Collection of Rents XI. TERMINATION OF TENANCY AND EVICTION 400.400 Termination of Tenancy 400.405 Eviction 400.410 Remedies not Exclusive XII. HOME PURCHASE AND CONSTRUCTION 400.505 Lease Option 400.510 Site Lease 400.515 HUD Mutual Help Home Ownership Program XIII. BUILDING CODE AND BUILDING PERMITS 400.600 Building Code 400.605 Building Permits Chapter 401. Wild and Scenic Rivers 401.001 Legislative History and Findings 401.010 Definitions 402.100 River Protection Standards 401.110 Designation of River Protected Areas 401.112 Scope of Off-Reservation Rights Protected 401.115 River Protection Area Boundary Designations 401.120 Forest Management Within River Protection Areas 401.130 Range Management Within River Protection Areas 401.140 Allotments Located Within River Protection Areas 401.145 Responsibility for Administration of River Protected Areas 401.150 Coordination with Federal and State River Planning Efforts Chapter 410. Comprehensive Plan [Withheld] Chapter 411. Zoning and Land Use 411.001 Legislative History and Purpose 411.005 Territorial Applicability 411.015 Existing Nonconforming Uses 411.20 Compliance with Chapter II. ESTABLISHMENT OF ZONES 411.100 Primary Zones 411.110 Overlaying Zones 411.115 Location of Zones 411.120 Official Zoning Map 411.125 Adoption of Initial Official Zoning Map 411.130 Amendment of Official Zoning Map 411.135 Zoning Boundaries III. ZONE USES AND STANDARDS 411.200 Forest Lands 411.205 Range Lands Zones 411.210 Agricultural Land Zones 411.215 Wilderness Land Zones 411.220 Community Area Zones 411.225 Recreation/Scenic Zones 411.230 Rural Housing Zones 411.235 Fish and Wildlife Zones 411.240 Water Zones 411.245 Traditional, Cultural and Historical Zones 411.250 Mineral and Energy Resource Zones 411.255 Site Plans and Energy Conservation Guidelines IV. APPLICATION AND PERMITTING PROCESS 411.300 Permits Required 411.305 Land Use Office 411.310 Uniform Application Process 411.315 Tribal Council Review of Land Use Status V. COMMUNITY, SUBDIVISION AND HOME SITE DEVELOPMENT 411.400 Community, Subdivision and Home Site Development Policy 411.405 Community, Subdivision and Rural Residential Development Areas VI. ENFORCEMENT 411.900 Remedies Available for Enforcement of Land Use Code 411.905 Private Party Remedies 411.910 Persons Responsible for Enforcement 411.915 Land Assignment Compliance 411.990 Definitions Chapter 412. Reservation Sign Regulation [Withheld] Chapter 420. Utilities [Withheld] Chapter 430. Water [Withheld] Chapter 431. Warm Springs Water and Sewer System Act 431.001 PURPOSE 431.010 DEFINITIONS 431.100 OWNERSHIP & RESPONSIBILITY FOR WATER & SEWER MAINS 431.110 UNAUTHORIZED USE & INTERFERENCE WITH TRIBAL PROPERTY 431.120 REPAIR OF MAINS 431.130 ACCESS TO PREMISES 431.140 MAINTENANCE OF SERVICE LINES 431.150 DAMAGES, NO CLAIMS FOR 431.160 NOTICE ON VACATING OF PREMISES 431.170 EMERGENCY AND OCCASIONAL SERVICE 431.180 LIMITATIONS ON USE OF WATER 431.190 NEW SERVICE 431.195 NEW SERVICE – INDIAN HEALTH SERVICE 431.200 BILLING 431.210 ESTABLISHMENT AND COMPUTATION OF WATER SUPPLY & SEWER DISPOSAL RATES 431.220 INSTALLATION OF METERS 431.230 UNSAFE CUSTOMER FACILITIES 431.240 FIRE PROTECTION SERVICE 431.300 USE OF PUBLIC SEWERS REQUIRED 431.310 PRIVATE SEWAGE DISPOSAL 431.320 HAULED WASTEWATER 431.330 BUILDING SEWERS AND CONNECTIONS 431.340 USE OF THE PUBLIC SEWERS 431.350 INFILTRATION AND INFLOW 431.360 PROTECTION FROM DAMAGE 431.370 POWERS AND AUTHORITY OF INSPECTORS 431.380 ENFORCEMENT AND PENALTIES 431.390 CHANGES TO RULES AND REGULATIONS Chapter 432. Water Quality Standards, Beneficial Uses and Treatment Criteria 432.001 Legislative History 432.005 Territory Covered 432.010 Applicability and Administration 432.015 Definitions 432.020 General Considerations Applicable to the Entire Reservation 432.025 Beneficial Water Uses to be Protected in Deschutes, Clackamas, and Santiam River Basins on the Reservation 432.100 Water Quality Standards not to be Exceeded in Deschutes, Clackamas, and Santiam River Basins on the Reservation 432.110 Site Specific Criteria and Criteria based on Natural Condition 432.120 Variances from Water Quality Standards 432.200 Minimum Design Criteria for Treatment and Control of Wastes for the Deschutes, Clackamas, and Santiam River Basins on the Reservation 432.300 Biological Criteria 432.400 Nuisance Phytoplankton Growth 432.500 Special Policies and Guidelines for waters of the Clackamas and North Santiam River basins on the Reservation: Chapter 433. Implementing provisions for tribal water quality standards, beneficial uses and treatment criteria [Withheld] Chapter 440. Highway and Streets [Withheld] Chapter 441. Flood Damage Prevention 441.100 Establishment of Plan 441.110 Statement of Purpose 441.200 Definitions 441.300 General Provisions 441.310 Lands to Which This Ordinance Applies 441.320 Basis for Establishing the Areas of Flood Hazard 441.330 Enforcement Provisions 441.400 Administration 441.410 Establishment of Building Permit 441.420 Designation of Responsible Official 441.430 Duties of the Responsible Official 441.500 Provisions for Flood Hazard Reduction 441.510 General Standards 441.520 Specific Standards 441.530 Floodways 441.540 Encroachments 441.600 Appeals Chapter 450. Forest Management [Withheld] Chapter 451. Woodcutting / Wood Cutting 451.001 Legislative History and Purpose 451.010 Definitions 451.100 Permits Required 451.110 Transportation of Wood Products on Reservation 451.120 Types of Permits 451.125 Cost of Paid Permit 451.130 Persons Eligible for Permits 451.140 Approval, Authority for Permits 451.150 Contents of Permit 451.155 Compliance with Conditions of Permit 451.160 Permits Are Non–Transferrable 451.165 Revocation of Permit 451.200 Enforcement Responsibility 451.210 Display of Permit 451.215 Confiscation of Products 451.220 Permittees to Carry Permit 451.225 Hearings for Civil Infractions 451.300 Penalties 451.310 Seizure of Security 451.320 Removal from Reservation 451.500 Privilege Tax Chapter 460. Range and Livestock Ordinance I. GENERAL 460.001 Legislative History and Purpose 460.10 Definitions. The following definitions shall apply in this Chapter 460.11 Scope of Chapter 460.12 McQuinn Strip Leases II. ESTABLISHMENT OF GRAZING AREAS, GRAZING AUTHORIZATIONS, GRAZING GROUPS AND GRAZING PLANS 460.100 Establishment of Grazing Areas 460.102 Establishment of Grazing Groups 460.103 Grazing Group Membership 460.104 Organization of Grazing Group 460.105 Grazing Plan 460.106 Grazing Authorizations 460.107 Contents of Grazing Authorizations 460.127 Grazing Fees 460.140 Grazing Appeals Board 460.145 Grazing Appeals Board Procedure 460.147 Nature of Disputes Considered 460.150 Ridebosses 460.160 Individually–Owned Lands, Assignments and Leases Enclosed by Fence III. ANIMAL HEALTH, BRAND INSPECTION, BREEDING ANIMAL QUALITY AND DISEASE CONTROL 460.200 Enforcement Responsibility 460.205 Certificates of Health 460.210 Identification of Livestock and Bull Quality 460.215 Brands 460.220 Riding Permits 460.225 Control of Diseased Livestock IV. LIVESTOCK TRESPASS, MISBRANDING, AND OTHER OFFENSES 460.300 Livestock Trespass 460.305 Misbranding. 460.315 Livestock Slaughter. 460.320 Removal of Livestock 460.325 Livestock Transfer 460.327 Use of False Official Documents and Bills of Sale 460.330 Seizure of Livestock V. RIDES AND ROUNDUPS 460.400 Application and Approval of Rides and Roundups 460.410 Notice of Ride or Roundup 460.420 Compliance with Order of Person in Charge 460.430 Firearms and Vehicles 460.440 Non–Tribal Member Participation VI. PENALTIES 460.900 Civil Penalties 460.910 Criminal Penalties 460.920 Seizure of Security Chapter 470. Wildlife Management [Withheld] Chapter 475. Hydroelectric Licensing and Regulation Ordinance (Ordinance 78 Adopted March 11, 1998) I. GENERAL 475.001 Declaration of Purpose 475.005 Reservation Purposes 475.010 Definitions 475.015 Territory 475.20 Jurisdiction II. HYDROELECTRIC PROJECT LICENSING 475.21 Responsible Tribal Official 475.025 Tribal Intervention in FERC Proceeding 475.030 Tribal Consultation Process 475.035 Clean Water Act §401 Certification 475.040 United States Trust Responsibility 475.050 Establishment of Section 4(e) Conditions for Protection of the Reservation 475.055 Establishment of Section 10(e) Compensation 475.060 Tribal Participation in §10(j) Process 475.065 Tribal Participation in Development of § 18 Fishway Prescriptions 475.070 Reservation Land Use Regulation 475.075 Applicable Plans for the Comprehensive Development of Waterways 475.080 Taxation of Hydroelectric Facilities and Energy 475.085 Regulation of Boating, Fishing, and other Activities in Tribal Waters 475.090 Resolution of Disputes 475.100 Separability of Provisions Chapter 480. Land [Withheld] Chapter 490. Protection and Management of Archaeological, Historical and Cultural Resources 490.001 Tribal Policy and Legislative Intent 490.10 Definitions II. PROTECTION RULES AND REGULATIONS 490.100 Prohibited Conduct 490.105 Criminal Penalties 490.110 Civil Penalties 490.115 Civil Damages 490.120 Forfeiture of Contraband 490.125 Seizure of Security 490.130 Removal from Reservation III. ARCHAEOLOGICAL, HISTORICAL AND CULTURAL STUDIES 490.200 Tribal Council Permission Required 490.205 Violation of Permit Terms IV. PROTECTION OF TREATY RIGHTS OUTSIDE THE WARM SPRINGS RESERVATION 490.300 Treaty Terms, Tribal Policy and Legislative Intent 490.310 Tribal Policy with Regard to Management Activities Outside the Warm Springs Reservation 490.320 Reports of Significant Activity Outside the Warm Springs Reservation 490.330 Exercise of Treaty Rights Outside the Warm Springs Reservation 490.340 Revocation of Privilege to Exercise Treaty Right Outside the Warm Springs Reservation 490.350 Access to Sites for the Exercise of Treaty Rights V. AMERICAN INDIAN RELIGIOUS FREEDOM ACT 490.400 Tribal Policy and Legislative Intent 490.410 Protection of Indian Religious Freedom 490.420 Protection of Sacred Sites and Recovery of Sacred Materials 490.430 Access to Sacred Sites VI. PROTECTION OF CULTURAL MATERIALS 490.500 Tribal Policy and Legislative Intent 490.510 Designation of Tribal Cultural Materials 490.520 Prohibited Acts VII. OREGON ACT FOR PROTECTION OF INDIAN GRAVES 490.600 Tribal Policy and Legislative Intent 490.610 Procedures for Obtaining Consent VIII. TRIBAL PURCHASE OF ARTIFACTS 490.700 Purchase of Artifacts By the Middle Oregon Indian Historical Society IX. OREGON LAND CONSERVATION AND DEVELOPMENT COMMISSION GOAL 5 IMPLEMENTATION 490.800 Tribal Policy and Legislative Intent 490.820 Tribal Council Designation of Significant Historical, Cultural and Archaeological Sites 490.830 Tribal/State Coordination 490.840 Expedited Procedures for Sites in Developing Areas HUMAN SERVICES Chapter 500. Health Care [Withheld] Chapter 510. Education [Withheld] Chapter 520. Warm Springs Tribal Members Retirement Income Security 520.001 Tribal Council Policy and Enacting Provisions 520.010 Definitions 520.100 Minimum Plan Contents 520.110 Prohibited Plan Provisions 520.120 Transfer of Employees to Tribal Pension Plan 520.130 Nonapplication to Tribal Council Benefits Plan 520.140 Effective Date 520.150 Savings Provision Chapter 530. Funeral Grants Chapter 540. Warm Springs Supplemental Income Program 540.001 Enacting Statements 540.010 Title 540.020 Definitions 540.030 Purpose 540.040 Eligibility For Supplemental Benefits 540.050 Payment Amount2 540.060 Method of Payment 540.070 Notification of Social Security Administration 540.080 Disputes as to Eligibility 540.090 Effective Date ENTERPRISES Chapter 600. General [Withheld] Chapter 605. Enterprise Charter - Warm Springs Casino and Resort Enterprise [Withheld] Chapter 606. Enterprise Charter - Kah-Nee-Ta Resort [Withheld] Chapter 607. Enterprise Charter - Warm Springs Indian Head Casino [Withheld] Chapter 610. Warm Springs Economic Development Corporation [Withheld] Chapter 620. Warm Springs Power and Water Enterprise (WSPWE) Plan of Operation [Withheld] Chapter 625. Warm Springs Construction Enterprise (WSCE) Plan of Operation [Withheld] Chapter 630. Warm Springs Tectonite Cement (WSTC) Plan of Operation [Withheld] COMMERCIAL LAW Chapter 700. Business Privilege Tax 700.001 Legislative Intent and Findings 700.010 Definitions. Wherever in this Chapter, unless a different meaning clearly appears 700.020 Privilege Tax 700.030 Privilege Tax For Other Business 700.040 Privilege Tax Required For Each Different Business Activity 700.050 Persons Exempt from this Chapter 4 700.060 Period for Which Privilege is Operative; Revocation; Refunds 700.070 Impositions of License Conditions by The Confederated Tribes 4 700.080 Enforcement of Tax Payments 700.090 Use of Tax Revenues 700.100 Tribal Tax Commission 700.110 Savings Clause Chapter 701. Limited Liability Companies I. GENERAL PROVISIONS 701.002 Filing Requirements 701.004 Filing Fee 701.006 Effective Date of Document 701.008 Forms 701.020 Formation 701.022 Articles of Organization 701.024 Organization 701.026 Operating Agreements II. PURPOSES AND POWERS 701.030 Purposes 701.032 General Powers III. OFFICE AND AGENT 701.040 Registered Office and Registered Agent 701.042 Service on Limited Liability Company IV. MEMBERS 701.050 Membership 701.051 License Fee 701.052 Management by Members 701.054 Agency Power of Members 701.056 Voting 701.058 Duties and Standard of Conduct 701.060 Limitation of Liability and Indemnification 701.062 Liability of Members V. FINANCES 701.070 Contributions 701.072 Liability for Contributions 701.074 Allocation of Profits and Losses VI. DISTRIBUTIONS AND WITHDRAWAL 701.080 Allocation of Interim Distributions 701.082 Voluntary Withdrawal of Member Prohibited; Exceptions 701.084 Expulsion of Member 701.086 Distribution Upon Withdrawal or Expulsion 701.088 Distribution in Kind 701.090 Right to Distribution 701.092 Limitations on Distribution 701.094 Liability for Wrongful Distribution VII. ASSIGNMENT OF MEMBER’S INTEREST 701.100 Nature of Membership Interest 701.102 Admission of Members 701.104 Assignment of Membership Interest; Effective Date of Assignment 701.106 Right of Assignee of Membership Interest to Become a Member 701.108 Deceased or Incompetent Members Who Are Individuals; Dissolved or Terminated Members Who Are Legal Entities VIII. AMENDMENT OF ARTICLES OF ORGANIZATION AND OPERATING AGREEMENT 701.110 Operating Agreement 701.112 Amendment to Articles of Organization 701.114 Amendment by Members 701.116 Merger IX. DISSOLUTION 701.120 Dissolution 701.122 Distribution of Assets Upon Dissolution 701.124 Agency Power of Members After Dissolution 701.126 Articles of Dissolution 701.128 Effect of Dissolution; Winding Up 701.130 Enforcement of Claims Against Dissolved Limited Liability Company 701.140 Grounds for Administrative Dissolution 701.142 Procedure; Effect of Administrative Dissolution 701.150 Hearings Officer 701.152 Grounds for Judicial Dissolution 701.154 Procedure for Judicial Dissolution 701.156 Decree of Dissolution X. RECORDS AND REPORTS 701.160 Limited Liability Company Records 701.162 Court-Ordered Inspection 701.164 Certain Expense Reports to Members XI. MISCELLANEOUS 701.170 Partnership Treatment 701.172 Preservation of Exemptions and Immunities 701.174 Regulations 701.176 Tribal Courts 701.178 Definitions Chapter 702. Non-Profit Corporations I. GENERAL PROVISIONS 702.002 Filing requirements 702.004 Filing fee 702.006 Effective date of document 702.008 Forms 702.020 Private foundations II. INCORPORATION 702.030 Incorporators 702.032 Articles of incorporation 702.034 Incorporation 702.036 Organization of corporation 702.038 Bylaws III. PURPOSES AND POWERS 702.040 Purposes 702.042 General powers IV. OFFICE AND AGENT 702.050 Registered office and registered agent 702.052 Service on the corporation V. MEMBERS AND MEMBERSHIPS 702.060 Tribal membership 702.070 Differences in rights and obligations of members 702.072 Member’s liability to third parties 702.074 Creditor’s action against member 702.080 Resignation 702.082 Termination, expulsion or suspension 702.090 Derivative suits VI. MEMBERSHIP MEETINGS AND VOTING 702.110 Annual and regular meetings 702.112 Special meeting 702.114 Court-ordered meeting 702.115 Action without meeting 702.116 Notice of meeting 702.117 Waiver of notice 702.118 Record date 702.119 Action by written ballot 702.120 Members’ list for meeting 702.122 Voting entitlement of members 704.123 Proxies 702.124 Adjournment 702.125 Corporation’s acceptance of votes 702.126 Quorum requirements 702.127 Voting requirements 702.128 Cumulative voting for directors 702.129 Other methods of electing directors 702.130 Voting agreements VII. DIRECTORS AND OFFICERS 702.140 Requirement for and duties of board 702.141 Number of directors 702.142 Election, designation and appointment of directors 702.143 Terms of directors generally 702.144 Resignation of directors 702.145 Removal of directors elected by members or directors 702.146 Removal of directors by judicial proceeding 702.148 Vacancy on board 702.149 Compensation of directors 702.150 Call and notice of meetings 702.152 Quorum and voting 702.154 Committees 702.160 General standards for directors 702.162 Director conflict of interest 702.164 Liability for unlawful distributions 702.168 Liability of qualified directors 702.170 Required officers 702.172 Duties and authority of officers 702.174 Standards of conduct for officers 702.176 Resignation and removal of officers 702.180 Authority to indemnify 702.182 Mandatory indemnification 702.184 Court-ordered indemnification 702.186 Determination and authorization of indemnification 702.187 Indemnification of officers, employees and agents 702.188 Insurance VIII. AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS 702.190 Authority 702.192 Amendment by directors 702.194 Amendment by board of directors and members 702.196 Class voting by members on amendments 702.197 Articles of amendment 702.198 Restated articles of incorporation 702.199 Amendment pursuant to court order 702.200 Amendment by directors 702.202 Amendment by directors and members 702.204 Approval by third persons IX. SALE OF ASSETS 702.210 Sale of assets in regular course of activities; mortgage of assets 702.212 Sale of assets other than in regular course of activities X. DISTRIBUTIONS 702.220 Prohibited distributions 702.222 Authorized distributions XI. DISSOLUTION 702.230 Dissolution by incorporators 702.232 Dissolution by directors, members and third persons 702.234 Articles of dissolution 702.235 Revocation of dissolution 702.236 Effect of dissolution 702.237 Known claims against dissolved corporation 702.238 Unknown claims against dissolved corporation 702.240 Grounds for administrative dissolution 702.242 Procedure for and effect of administrative dissolution 702.250 Hearings officer 702.252 Grounds for judicial dissolution 702.254 Decree of dissolution XII. RECORDS AND REPORTS 702.260 Corporate records 702.262 Inspection of records by members 702.264 Court-ordered inspection XIII. MISCELLANEOUS 702.270 Preservation of exemptions and immunities 702.272 Regulations 702.274 Warm Springs Tribal Court 702.276 Definitions. As used in this chapter Chapter 710. Credit Code Chapter 720. Sales I. GENERAL 1 720.110 Scope 720.120 Remedies to be Liberally Administered 720.130 Definitions II. FORMATION OF CONTRACT 720.200 Formation in General 720.210 Written Contract Required in Certain Cases (Statute of Frauds) 720.220 Parol or Extrinsic Evidence of Contract Terms 720.230 Offer and Acceptance in Formation of Contract 720.240 Additional Terms in Acceptance 720.250 Firm Offers 720.260 Course of Performance 720.270 Modification and Rescission 720.280 Delegation of Duty – Assignment of Rights III. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT 720.300 General Obligation of Parties 720.310 Unconscionable Contract or Clause 720.320 Open Price Term 720.330 Warranty of Title and Against Infringement – Buyer’s Obligation Against Infringement 250.340 Express Warranties by Affirmation, Promise, Description, Sample 250.350 Implied Warranty – Merchantability – Usage of Trade 720.360 Implied Warranty – Fitness for Particular Purpose 720.370 Exclusion or Modification of Warranties 720.380 Cattle, Hogs and Sheep – No Implied Warranty as to Disease 720.390 Third-Party Beneficiaries of Warranties Express or Implied 720.395 Sale by Auction IV. PERFORMANCE 720.400 Passing of Title – Reservation for Security 720.410 Insurable Interest in Goods – Manner of Identification of Goods 720.420 Cure by Seller of Improper Tender or Delivery – Replacement 720.430 Risk of Loss in the Absence of Breach 720.440 Effect of Breach on Risk of Loss 720.450 Buyer’s Right to Inspection of Goods 720.460 Preserving Evidence of Goods in Dispute V. BREACH, REPUDIATION, AND EXCUSE 720.500 Buyer’s Rights on Improper Delivery 720.510 Manner and Effect of Rightful Rejection 720.520 Buyer’s Options as to Salvage of Rightfully Rejected Goods 720.540 What Constitutes Acceptance of Goods 720.550 Effect of Acceptance – Notice of Breach – Burden of Establishing Breach After Acceptance – Notice of Claim or Litigation to Person Answerable Over 720.560 Revocation of Acceptance in Whole or in Part 720.570 Anticipatory Repudiation 720.580 Retraction of Anticipatory Repudiation 720.590 Casualty to Identified Goods 720.595 Substituted Performance VI. SELLERS REMEDIES 720.600 Seller’s Remedies on Discovery of Buyer’s Insolvency 720.610 Seller’s Remedies in General 720.620 Seller’s Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods 720.630 Seller’s Stoppage of Delivery in Transit or Otherwise 720.640 Seller’s Resale Including Contract for Resale 720.650 Seller’s Damages for Nonacceptance or Repudiation 720.660 Action for the Price 720.670 Seller’s Incidental Damages VII. BUYER’S REMEDIES 720.700 Buyer’s Remedies in General – Buyer’s Security Interest in Rejected Goods 720.710 “Cover” – Buyer’s Procurement of Substitute Goods 720.720 Buyer’s Damages for Nondelivery or Repudiation 720.730 Buyer’s Damages for Breach in Regard to Accepted Goods 720.740 Buyer’s Incidental and Consequential Damages 720.750 Buyer’s Right to Specific Performance or Replevin 720.760 Deduction of Damages from the Price VIII. GENERAL PROVISIONS AS TO REMEDIES 720.800 Liquidation or Limitation of Damages – Deposits 720.810 Contractual Modification or Limitation of Remedy 720.820 Effect of “Cancellation” or “Rescission” on Claims for Prior Breach 720.830 Remedies for Fraud 720.840 Who Can Sue Third Parties for Injury to Goods 720.850 Proof of Market Price; Time and Place 720.860 Admissibility of Market Quotations 720.870 Statute of Limitations in Contracts for Sale Chapter 721. Leases of Goods I. GENERAL PROVISIONS 721.110 Short Title 721.120 Legislative History 721.130 Scope 721.140 Definitions – Index of Definitions 721.150 Leases Subject to Other Statutes 721.160 Choice of Applicable Law and Judicial Forum 721.170 Unconscionability II. FORMATION AND CONSTRUCTION OF LEASE CONTRACT 721.200 Formation in General 721.210 Written Contract Required in Certain Cases (Statute of Frauds) 721.220 Final Written Expression: Parol or Extrinsic Evidence 721.230 Offer and Acceptance in Formation of Lease Contract 721.240 Firm Offers 721.250 Course of Performance or Practical Construction 721.260 Modification and Rescission III. EFFECT OF LEASE CONTRACT AND OBLIGATIONS OF PARTIES 721.300 Enforceability of Lease Contract 721.310 Identification 721.320 Insurance and Proceeds 721.330 Risk of Loss 721.340 Casualty to Identified Goods 721.350 Express Warranties 721.355 Warranty Against Interference 721.360 Implied Warranty of Merchantability 721.365 Implied Warranty of Fitness for Particular Purpose 721.370 Exclusion or Modification of Warranties 721.375 Cumulation and Conflict of Warranties Express or Implied 721.380 Third Party Beneficiaries of Express and Implied Warranties 721.385 Assignment of Party’s Interest Under Lease Contract or of Lessor’s Residual Interest in Goods; Delegation of Performance IV. REPUDIATION, SUBSTITUTED PERFORMANCE AND EXCUSE 721.400 Anticipatory Repudiation 721.410 Retraction of Anticipatory Repudiation 721.420 Substituted Performance 721.430 Excused Performance 721.440 Procedure on Excused Performance V. DEFAULT IN GENERAL 721.500 Default Procedure 721.510 Notice After Default 721.520 Modification or Impairment of Rights and Remedies 721.530 Liquidation of Damages 721.540 Cancellation and Termination and Effect of Cancellation, Termination, Rescission, or Fraud on Rights and Remedies 721.550 Statute of Limitations VI. DEFAULT BY LESSOR 721.600 Lessee’s Remedies 721.605 Lessee’s Rights on Improper Delivery – Rightful Rejection 721.610 Installment Lease Contracts: Rejection and Default 721.615 Merchant Lessee’s Duties as to Rightfully Rejected Goods 721.620 Lessee’s Duties as to Rightfully Rejected Goods 721.625 Cure by Lessor of Improper Delivery – Replacement 721.630 Acceptance of Goods 721.635 Effect of Acceptance of Goods – Notice of Default – Burden of Establishing Default After Acceptance – Notice of Claim or Litigation to Person Answerable Over 721.640 Revocation of Acceptance of Goods 721.645 Cover – Substitute Goods 721.650 Lessee’s Damages for Nondelivery, Repudiation, Default and Breach of Warranty in Regard to Accepted Goods 721.655 Lessee’s Incidental and Consequential Damages 721.660 Lessee’s Right to Specific Performance or Replevin 721.665 Lessee’s Right to Goods on Lessor’s Insolvency VII. DEFAULT BY LESSEE 721.700 Lessor’s Rights 721.710 Lessor’s Right to Identify Goods to Lease Contract 721.720 Lessor’s Right to Possession of Goods 721.730 Lessor’s Rights to Dispose of Goods 721.740 Lessor’s Damages for Nonacceptance or Repudiation 721.750 Lessor’s Action for a Rent 721.760 Lessor’s Incidental Damages 721.770 Lessor’s Right to Recover for Damage to Residual Interest Chapter 725. Liquor and Alcohol [Withheld] Chapter 726. Tobacco [Withheld] Chapter 727. Motor Vehicle Fuels [Withheld] Chapter 730. Tribal Bond Ordinance [Withheld] Chapter 731. Personal Property Secured Transactions and Statutory Liens [Withheld] Chapter 740. Consumer Credit, Usury [Withheld] Chapter 741. Consumer Sales Practices [Withheld] Chapter 742. Motor Vehicle Sales [Withheld] Chapter 743. Marijuana Cultivation, Processing and Sale [Withheld] [Table of Contents created by NILL in July 2016, based on code available on tribe's website.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_warm_springs%3A0ab31622a9f74f72. Public record. Not legal advice.