Tribal Code - Hoopa Valley Tribe, California; Tribal Law Gateway; National Indian Law Library, Native American Rights Fund

Tribal Code - Hoopa Valley Tribe, California; Tribal Law Gateway; National Indian Law Library, Native American Rights Fund

Tribal Law Gateway | Hoopa Valley Tribe, California | Tribal Code

Hoopa Valley Tribe - Tribal Code

Table of Contents Updated: February 2017

The tribe makes their code available online. The links below will take you to the version of the code available on the tribe's website . Please contact the library if you need assistance.

Table of Contents

Title 1 - Judiciary

CHAPTER 1: AUTHORITY, ESTABLISHMENT

1.1.01 Authority

1.1.02 Establishment of the Tribal Court and Appellate Court

1.1.03 Establishment of the Judicial Committee

1.1.04 Jurisdiction

1.1.05 Concurrent Jurisdiction

1.1.06 Prior Inconsistent Codes and Ordinances Repealed

1.1.07 Amendment of Law and Order Code

1.1.08 C.F.R. No Longer Applicable

1.1.09 Codification

1.1.10 Court Evaluation

1.1.11 Court Training Session

CHAPTER 2: ELECTION, APPOINTMENT AND REMOVAL OF JUDGES

1.2.01 Number of Judges and Manner of Selection

1.2.02 Bonding

1.2.03 Term

1.2.04 Judges Pro-Tern

1.2.05 Non-attorney Judge's Clerk

1.2.06 Compensation

1.2.07 Eligibility

1.2.08 Screening by Election Board and Conduct of Elections

1.2.09 Conflict of Interest; Nepotism

1.2.10 Disqualification of Judge

1.2.11 Removal of Judges

1.2.12 Judicial Cooperation

1.2.13 Administrative Responsibilities

1.2.14 Oath of Office

1.2.15 Intertribal Agreements

CHAPTER 3: GENERAL COURT PROCEDURES

1.3.01 Sessions of Court

1.3.02 Acting Chief judge

1.3.03 Rules of Court - Procedures

1.3.04 Disqualification of Judge

1.3.05 Means to Carry Jurisdiction into Effect

1.3.06 Annual Budget

CHAPTER 4: COURT OF APPEALS

1.4.01 Court of Appeals

1.4.02 Appellate Panel

1.4.03 Appellate Court Chief Judge

1.4.04 Conflict of Interest

1.4.05 Decisions

CHAPTER 5: COURT PERSONNEL POLICIES

1.5.01 Tribal Personnel Policies Generally

1.5.02 Exempt Employees

1.5.03 Holidays

1.5.04 Court Hours

1.5.05 Implied Consent

CHAPTER 6: RELATIONS WITH COURT

1.6.01 BIA Employees

CERTIFICATION

Title 2 - Civil Actions

Chapter 1: General Provisions; Traditional Tribal Law General Provisions

2.0 Prior Enactments or Amendments, Effect

2.1.01 Procedure to Be Applied

2.1.02 Standard of Proof

2.1.03 Penalties for Perjury

2.1.04 Course of Proceedings

2.1.05 Traditional Tribal Law

Chapter 2 Parties; Joinder of Claims; Persons

2.2.01 The Capacity to Sue and Be Sued

2.2.02 Real Party in Interest

2.2.03 Joinder of Claims and Remedies

2.2.04 Joinder of Persons Needed for Just Adjudication (Necessary Party)

Chapter 3 Commencement of Action; Service of Process; Pleadings, Motions and Orders; Time Commencement of Action; Service of Process

2.3.01 Commencement of Action

2.3.02 Filing with the Court Defined

2.3.03 Summons

2.3.04 Service

2.3.05 Actions Initiated by the Hoopa Valley Tribe

2.3.06 Service of Subsequent Papers

Pleadings, Motions and Orders

2.3.07 Pleadings Allowed

2.3.08 Format and Contents

2.3.09 Pleading Special Matters

2.3.10 Discretion to Strike

2.3.11 Address; Signature Required

2.3.12 Complaint

2.3.13 Statute of Limitations

2.3.14 Answer

2.3.15 Counter Claim and Cross-Claim

2.3.16 Third Party Practice

2.3.17 Amended & Supplemental Pleadings

2.3.18 Motions and Other Papers

2.3.19 RESERVED

Time

2.3.20 Time

2.3.21 Response to Complaint

2.3.22 Response to a Motion

2.3.23 Notice of Hearings and Trials

2.3.24.1 The Court's Discretion

2.3.24.2 Ex Parte Application

Chapter 4: Motion Practice; Pretrial Proceedings; Discovery; Witnesses; Subpoenas

Motion Practice

2.4.01 Motion Defined

2.4.02 Service

2.4.03 Opposition

2.4.04 Motion for Summary Judgment

2.4.05 Motion Hearings Defined

2.4.06 Motion Hearing

Pretrial Proceedings; Disclosure

2.4.07 Pretrial Conference Hearings Defined

2.4.08 Pretrial Conference Hearing: Discovery Plan

2.4.09 Required Disclosures

Discovery

2.4.10 Discovery Defined

2.4.11 Methods to Discover Additional Matter

2.4.12 Timing and Sequence of Discovery

2.4.13 Depositions Upon Oral Examination

2.4.14 Depositions Upon Written Questions

2.4.15 Use of Depositions in Court Proceedings

2.4.16 Persons Before Whom Depositions May Be Taken

2.4.17 Stipulations Regarding Discovery Procedure

2.4.18 Interrogatories

2.4.19 Supplementation of Disclosures and Responses

2.4.20 Limits to Discovery

2.4.21 Production of Documents/Entry Upon Land for Inspection

2.4.22 Physical and Mental Examination

2.4.23 Request for Admission

2.4.24 Failure to Cooperate in Discovery: Sanctions

2.4.25 Enforcement Proceedings

Witnesses; Subpoenas

2.4.26 Compelling Witnesses to Appear

2.4.27 Subpoenas to Compel Appearance of Witnesses

2.4.28 Subpoenas

Chapter 5: Rules of Evidence Hearsay; Witnesses Testimony; Presenting Evidence; Rulings on Evidence

2.5.01 Relevance

2.5.02 Personal Knowledge

2.5.03 Lay Opinion

2.5.04 Unfair Prejudice

2.5.05 Character Evidence

2.5.06 Proof of Character

2.5.07 Evidence of Habit

2.5.08 Subsequent Remedial Measures, Compromise, Offers, Liability Insurance

2.5.09 Inadmissibility of Pleas, Offers, and Related Statements

2.5.10 Authentication and Identification

2.5.11 Requirement of Original

Hearsay

2.5.12 Hearsay

Witnesses Testimony

2.5.13 Oath

2.5.14 Preliminary Questions

2.5.15 Limited Admissibility

2.5.16 Judicial Notice of Adjudicative Facts

2.5.17 Competency of Judge; Juror as Witness

Presenting Evidence

2.5.18 Mode and Order of Interrogation and Presentation

2.5.19 Calling and Interrogation of Witnesses

2.5.20 Writing Used to Refresh Memory

2.5.21 Prior Statements of Witnesses

2.5.22 Who May Impeach

2.5.23 Evidence of Character and Conduct of Witness

2.5.24 Impeachment by Evidence of Conviction of a Crime

Rulings on Evidence

2.5.25 Rulings on Evidence

Chapter 6 Appeals

2.6.01 Appellate Court Jurisdiction

2.6.02 Composition of the Hoopa Valley Tribal Court Appellate Panel

2.6.03 Notice of Appeal

2.6.04 Appellate Bond

2.6.05 Stay of Execution or Modification of Injunction

2.6.06 Record on Appeal

2.6.07 Transcript or Audio Recording of Court Proceedings or Administrative Hearing

2.6.08 Preparation of Written Transcripts

2.6.09 Briefs, Motions, and Other Papers Filed in the Appellate Case

2.6.10 Filing Requirements

2.6.11 Briefs

2.6.12 Appellant's Brief

2.6.13 Respondent's Brief

2.6.14 Reply Brief

2.6.15 Brief of an Amicus Curiae

2.6.16 Motions

2.6.17 Extending Time

2.6.18 Standard of Appellate Review

2.6.19 Voluntary Dismissal

2.6.20 Oral Argument

2.6.21 Entry of Judgment

2.6.22 Interest on Judgment

2.6.23 Substitution of Parties

2.6.24 Case Involving a Constitutional Question When the Hoopa Valley Tribe is Not a Party

2.6.25 Frivolous Appeal

2.6.26 Interest on Judgment

2.6.27 Attorney's Fees or Costs

Chapter 7 Miscellaneous

2.7.01 Savings Clause

2.7.02 Recording of Hoopa Valley Tribal Court Proceedings

CERTIFICATION

Title 3 - Rules of the Court

CHAPTER 1: GENERAL PROVISIONS

RULE 1 TITLE, EFFECTIVE DATE

RULE 2 APPLICABILITY

RULE 3 GOVERNING PRINCIPLES

RULE 4 SCOPE OF RULES

RULE 5 LOCATION OF COURT

CHAPTER 2: COURT ADMINISTRATION

RULE 6 TRIBAL COURT CLERK

RULE 7 DROP BOX FOR FILING DOCUMENTS

RULE 8 COURT RECORDS

RULE 9 PUBLIC ACCESS TO CASE LAW AND CODES

CHAPTER 3: TRIBAL BAR

RULE 10 TRIBAL BAR ADMISSION

RULE 11 RIGHT TO LEGAL REPRESENTATION

RULE 12 PERSONS PROHIBITED FROM REPRESENTING OTHERS

RULE 13 ADMISSION REQUIREMENTS

RULE 14 TRIBAL COURT BAR ROSTER

RULE 15 TRIBAL COURT BAR DISBARMENT

CHAPTER 4: DUTY OF ALL PERSONS APPEARING BEFORE COURT

RULE 16 SERVICE AND FILING QF NOTICE OF CHANGE OF ADDRESS

RULE 17 DUTY TO READ AND COMPLY WITH TRIBAL CODES

RULE 18 PROHIBITED EX PARTE COMMUNICATIONS

CHAPTER 5: PRELIMINARY PROVISIONS

RULE 19 SUBSTANTIVE LAW TO BE APPLIED

RULE 20 FEES

RULE 21 CONTINUING JURISDICTION

RULE 22 APPEARANCE

RULE 23 TELEPHONE APPEARANCE

RULE 24 COURT PROCEEDINGS: DEFINITIONS

CHAPTER 6: MOTIONS

RULE 25 FORM OF MOTIONS

RULE 26 EX PARTE MOTIONS

RULE 27 CONTENTS OF NOTICE AND DECLARATION REGARDING NOTICE FOR EX PARTE REQUESTS

RULE 28 SERVICE OF PAPERS IN EX PARTE MATTERS

RULE 29 APPLICATION FOR AN ORDER EXTENDING OR SHORTENING TIME

RULE 30 FORMAT OF DISCOVERY MOTIONS

RULE 31 SERVICE OF MOTION PAPERS ON NONPARTY DEPONENT

RULE 32 MOTION TO AMEND PLEADINGS

RULE 33 MOTIONS TO STRIKE

RULE 34 MOTION OR APPLICATION FOR CONTINUANCE OF TRIAL

RULE 35 MOTION TO DISMISS FOR DELAY IN PROSECUTION

RULE 36 MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION

RULE 37 WRITTEN OBJECTTIONS TO EVIDENCE IN SUMMARY JUDGMENT OR ADJUDICATION MOTIONS

RULE 38 DISMISSAL OF ACTIONS

CHAPTER 7 FAMILY LAW

RULE 39 BIFURCATION OF ISSUES

RULE 40 FAMILY COURT DUTIES RELATIVE TO DOMESTIC VIOLENCE CASES

CHAPTER 8: SETTLEMENT

RULE 41 OFFER OF JUDGMENT

RULE 42 INFORMAL DISPUTE RESOLUTION

RULE 43 STIPULATION FOR JUDGMENT

CHAPTER 9 TRIAL

RULE 44 TRIAL

RULE 45 CONSOLIDATION; SEPARATE TRIALS

RULE 46 TAKING OF TESTIMONY

RULE 47 COURT REPORTER, STENOGRAPHER; TAPE RECORDING, STENOGRAPHIC REPORT OR TRANSCRIPT AS EVIDENCE

RULE 48 PROOF OF OFFICIAL RECORD

RULE 49 DETERMINATION OF FOREIGN LAW

RULE 50 POST TRIAL BRIEFS

CHAPTER 10: JURIES

RULE 51 RIGHT TO JURY TRIAL

RULE 52 JURORS

RULE 53 JURY FEES

RULE 54 JURY OUESTIONS. ("VOIR DIRE")

RULE 55 JURY INSTRUCTION

RULE 56 OBJECTIONS TO JURY INSTRUCTIONS

RULE 57 JUROR'S DUTY TO NOT DISCUSS CASE DURING DELIBERATIONS

RULE 58 JURY OUESTIONS DURING DELIBERATIONS

RULE 59 OFFICER TO SAFEGUARD DELIBERATIONS

CHAPTER 11: VERDICTS; JUDGMENTS

RULE 60 JURY VERDICT

RULE 61 JUDGMENTS - - GENERALLY

RULE 62 JUDGMENT AS A MATTER OF LAW IN ACTION TRIED BY JURY; RENEWAL OF MOTION FOR JUDGMENT AFTER TRIAL; ALTERNATIVE MOTION FOR NEW TRIAL CONDITIONAL RULINGS

RULE 63 DEFAULT JUDGMENT

RULE 64 DECLARATORY JUDGMENTS

RULE 65 FINDINGS BY THE COURT: JUDGMENT IN PARTIAL FINDINGS

RULE 66 ENTRY OF JUDGMENT

RULE 67 JUDGMENT - COMPENSATION

RULE 68 PUNITIVE DAMAGES

RULE 69 COSTS OF CIVIL ACTIONS; AITORNEY'S FEES

RULE 70 PREJUDGMENT COSTS

RULE 71 CLAIMING ATTORNEY'S OR SPOKESPERSON'S FEES

RULE 73 INCLUSION OF INTEREST IN JUDGMENT

RULE 74 PAYMENT OF JUDGMENTS - - TRIBAL MEMBERS

RULE 75 JUDGMENTS AND DEFENDANT'S ESTATES

RULE 76 NEW TRIALS; AMENDMENTS OF JUDGMENT

RULE 77 RELIEF FROM JUDGMENT OR ORDER

RULE 78 HARMLESS ERROR

CHAPTER 12: ENFORCEMENT OF JUDGMENTS

RULE 79 AUTOMATIC STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

RULE 80 EXECUTION

RULE 81 ENFORCEMENT REMEDIES

RULE 82 JUDGMENT OF SPECIFIC ACTS

RULE 83 EXEMPTION FROM EXECUTION

RULE 84 PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES

CHAPTER 13: RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

RULE 85 AUTHORITY: PROOF REQUIRED: STANDARDS

RULE 86 FILING PROCEDURES

RULE 87 REVIEW BY COURT

RULE 88 PAYMENT OF JUDGMENT

CHAPTER 14: CONTEMPT OF COURT

RULE 89 CONTEMPT OF COURT

RULE 90 ACTS OR OMISSIONS CONSTITUTING CONTEMPT

RULE 91 CONTEMPT PROCEEDINGS

RULE 92 PENALTIES FOR CIVIL CONTEMPT

CHAPTER 15: APPEALS

RULE 93 APPELLATE FILINGS

RULE 94 STAY OF EXECUTION

RULE 95 APPELLATE HEARING

RULE 96 EVIDENCE

RULE 97 TAX APPEAL

CHAPTER 16: MISCELLANEOUS

RULE 98 NET SEIZURE

RULE 99 WORKER'S COMPENSATION FORMS

RULE 100 ISSUANCE OF ORDERS IN THE INTEREST OF SUBSTANTIAL JUSTICE

RULE 101 SAVINGS CLAUSE

Title 4a - Wellness Code

1. Short Title, Purpose, and Definitions

A. Short Title

B. Purpose

C. Definitions

2. Jurisdiction of the Court

3. Na:Tini-X'We'Na: XO'-XiNayi-Din Court Procedure

A. Non-Criminal Proceedings

B. Use in Other Proceedings

C. Rules of Procedure

4. Relations with other Agencies

A. Cooperation and Grants

B. Social Services

C. Contracts

D. Transfers from Other Courts

5.

Na:Tini-X'We'Na: XO'-XiNayi-Din Court Personnel

6. Rights of Parties in Na:Tini-X'We'Na: XO'-XiNayi-Din Court Proceedings

A. Right to be Informed of the Requirements of Participation

B. Right to Timely Clinical Assessment and the Development of an Individualized Treatment Plan

C. Right to Access Services Under Treatment Plan

D. Right to Case Management Services

7. Initiation of Proceedings

A. Admission

B. Investigation by Probation Officer

C. Legal Screening for Eligibility

D. Clinical Screening for Eligibility

E. Informal Adjustment Conference

F. Court-Ordered Participation

8. Initial Na:Tini-X'We'Na: XO'-XiNayi-Din Court Hearing

A. Purpose and Conduct of Na:Tini-X'We'Na: XO'-XiNayi-Din Court Admission Hearing

B. Review and Signing of Decrees

C. Persons Not Admitted to Na:Tini-X'We'Na: XO'-XiNayi-Din Court

D. Time Limitations on Na:Tini-X'We'Na: XO'-XiNayi-Din Court

Admission Hearing

E. Notice of Hearing

F. Drafting, Filing, and Contents of Na:Tini-X'We'Na: XO'-XiNayi-Din Consent Decree

G. Contents of Na:Tini-X'We'Na: XO'-XiNayi-Din Consent Decree

9. Sample Na:Tini-X'We'Na: XO'-XiNayi-Din Consent Decree

10. Na:Tini-X'We'Na: XO'-XiNayi-Din Treatment Plan

A. Clinical Assessment and Individualized Treatment Plan

B. Assessor's Duty to Timely Assess and Individualize Treatment Plan and Breach of Duty

C. Contents of Treatment Plan

D. Case Management

E. Judicial Supervision, Consistent Supervision, and Training

F. Na:Tini-X'We'Na: XO'-XiNayi-Din Court Incentives

G. Na:Tini-X'We'Na: XO'-XiNayi-Din Court Sanctions

11. Na:Tini-X'We'Na: XO'-XiNayi-Din Court Weekly Procedure

A.

Weekly Staffing Conference

B. Weekly Na:Tini-X'We'Na: XO'-XiNayi-Din Court Status Hearing

C. Weekly Random Alcohol and/or Drug Testing

D. Weekly Pre-Hearing and/or For Cause Drug Testing

12. Revocation or Admission to Na:Tini-X'We'Na: XO'-XiNayi-Din Court

A. Hearing to Revoke Admission Na:Tini-X'We'Na: XO'-XiNayi-Din Court

B. Notice of Hearings

C. Content of the Summons

D. Service of the Summons

13. Successful Completion of Na:Tini-X'We'Na: XO'-XiNayi-Din Court Program

A. Na:Tini-X'We'Na: XO'-XiNayi-Din Court

Graduation

B. Contents of Na:Tini-X'We'Na: XO'-XiNayi-Din Court Order of Successful Completion

14. Na:Tini-X'We'Na: XO'-XiNayi-Din Court Records

15. Bi-Annual Na:Tini-X'We'Na: XO'-XiNayi-Din Court Review

Certification

Title 5 - Exclusion

Section I: Exclusion from the

Hoopa Valley Indian Reservation

Section II: Rules of Exclusion Procedure

Section III: Appeal Allowed to Hoopa Valley Tribal Court

Section IV: Violation of Order a Criminal Offense

Section V: Application for Revocation or Amendment of Order

Section VI: Subject Matter Jurisdiction

Certification

Title 6 - Legislative Procedure

6.0 Short Title

6.1

Purpose

6.2 Proposed Action

6.3 Referral by Tribal Council; Drafting

6.4 Department and Staff Action

6.5 Council Modifications and Amendments

6.6 Hearing Notification

6.7 Hearing

6.8 Council Review of Public Comment

6.9 Final Council Action

6.10 Emergency Action

6.10.1 Enactment of Emergency Regulation

6.10.2 Emergency Regulation Limitations

6.10.3 Emergency Regulation Expiration Date

6.11 Public Notice

6.12 Judicial Review by the Tribal Court

6.13 Roberts Rules of Order

6.14 Severability

Certification

Title 7 - Travel Expense

7.0 Short Title

7.1 Purpose

7.2 Applicability

7.3 Definitions

7.4 Travel for Official Tribal Business

7.5 Travel and Expense Authority

7.5.1 Local Travel

7.5.2 In-Region Travel

7.5.3 Out of Region and Extended Travel

7.6 Travel Arrangements and Record Keeping

7.7 Per Diem Rate

7.8 Tribal Credit Cards

7.9 Mileage Rates

7.10 Emergency Travel and Expense Regulations

7.10.1 Emergency Travel Approval

7.10.2 Emergency Expense Approval

7.11 Travel and Credit Card Liquidation

7.11.1 Travel Expense Liquidation

7.11.2 Credit Card Liquidation

7.12 Mandatory Filing of Complaint

7.12.1 Unreported or Unliquidated Expenses

7.12.2 Expenses Disapproved by Council

7.12.3 Sovereign Immunity Not a Defense; Council Immunity Preserved

7.12 Tribal Court Authority

7.13 Severability

Certification

Title 8 - Conflict Interest

Section

1. Purpose

Section 2. Definitions

Section 3. Effective Date

Section 4. Committee Appointments

Section 5. Board Appointments

Section 6. Employment of Tribal Council Members Prohibited

Section 7. Employees as Board and Committee Members

Section 8. Prohibition of Conflicts by Council, Committee or Board Members

Section 9. Disqualification for Nepotism

Section 10. Nepotism Pertaining to Service on Boards and Committees

Section 11. Severability

Section 12. Sovereign Immunity Preserved

Certification

Title 9 - Enrollment

SECTION 1. PURPOSE

SECTION 2. DEFINITIONS

SECTION 3. MEMBERSHIP IN THE HOOPA VALLEY TRIBE

SECTION 4. ENROLLMENT ELIGIBILITY; EVIDENCE

SECTION 5. DETERMINATION OF INDIAN BLOOD

SECTION 6. DISENROLLMENT

SECTION 7. ENROLLMENT PROCEDURE

SECTION 8. HEARINGS, REMANDS AND APPEALS

SECTION 9. ENROLLMENT COMITTEE

SECTION

10.EFFECTIVE DATE; AMENDMENT

Title 10 - Land Assignment and Lease Ordinance

10.0 Short Title

10.1. Purpose

10.2. Tribal Land Policy

10.3 Definitions

10.4 Tribal Land Management Department

10.4.0 Establishment of Land Management Department

10.4.1 Powers of Land Management Department

10.4.1.1 Powers of the Land Management Department

10.4.1.2 Develop and Enforce Regulations

10.4.1.3 Relations with other Entities

10.4.1.4 Transferring Leases into Assignments

10.4.1.5 Maintenance of Records

10.5 Land Consolidation Plan, Trust Status Transfers

10.5.1 Land Consolidation Plan

10.5.2 Transfers of Trust and Fee Status

10.6 Reserved, Implied Rights of the Hoopa Valley Tribe

10.6.1 Reserved, Implied Rights

10.6.2 Off-Sets

10.7 Council Residential Assignments - General Provisions

10.7.0 Purpose

10.7.1 Terms and Conditions of Assignments

10.7.1.1 Size of Assignments

10.7.1.2 Maintenance of Property

10.7.1.3 Numerous Assignments Null and Void

10.7.1.4 Residential Assignments Supersedes Grazing Assignments

10.7.1.5 Tribal Credit Delinquent Loans

10.7.1.6 Subject to Applicable Laws

10.7.1.7 No Assignment or Unsurveyed Areas

10.7.1.8 Conservation Practices

10.7.1.9 Riparian Set-Backs

10.7.1.10 Minimum Boundary Set-Backs

10.7.2 Reservations from Assignment

10.7.2.1 No Vested Rights or Title in Property

10.7.2.2 Mineral and Resources Reserved

10.7.2.3 Reserved Rights of Way, Easements

10.7.2.4 Use for Merchantable Timber

10.7.2.5 Limitation of Acreage

10.7.3

Designated Beneficiary

10.7.3.1

Designated Beneficiary

10.7.3.2 Designated Minor

10.7.3.3 No Designated Beneficiary

10.7.3.4 Designated Minor Reaching Eligible Age

10.7.4 Exchange of Assignment

10.7.5 Voluntary Relinquishment

10.7.6 Removal of Unmerchantable Timber

10.7.7 No Assignment of Interest

10.7.7.1 Rent, Assignment, Lease, Sublease, Transfer - Prohibited

10.7.7.2 Collateral, Pledges, Etc. - Prohibited

10.7.8 Responsibilities of Assignee

10.7.8.1

Fulfilling Terms of Assignment

10.7.8.2 Subject to Applicable Laws

10.7.9 Eligibility for Assignment

10.7.10 Application for Assignment

10.7.10.1 Written Application

10.7.10.2 Land Department Processing

10.7.11 Document Priority, Assignment Preference

10.7.11.1

Priority for Processing Applications

10.7.11.2 Preference for Granting Assignments

10.7.11.3 Preference to Applicants Without Land

10.7.12 Improvements on Assignments

10.7.12.1

Use of Property Within 12 Months

10.7.12.2 Inheritance of Improvements

10.7.12.3 Improvement - Relinquishment, Cancellation, Etc.

10.7.12.4 Extension of Removal Time

10.7.13 Removal of Slash and Debris

10.7.14 Property Survey, Fence Construction

10.7.14.1 Survey Requirements

10.7.14.2 Fence Requirements

10.7.15 Land Approval Package

10.7.16 Deposit of Revenues

10.7.17 Procedures - Use of Improvements as Security

10.7.18 Assignments Assigned for HUD and Credit Program Purposes

10.7.18.1 Assignment Administration - Credit Program, Housing Authority

10.7.19 Tribal and Personal Reserves

10.7.19.1 Reserves, Restrictions, Limited Areas and Access

10.7.19.2 Reserves and Restricted Areas

10.8 Tribal Land Assignments

10.8.1

Not Reinstatement or Issuance of Assignments

10.8.2 No Authorization for Claims

10.8.3 Limited Application

10.8.4 Tribal Court Delegation

10.8.5 Tribal Land Assignments

10.9 Gazing and Agriculture Assignments

10.9.0 Purpose

10.9.1 Grazing Assignments

10.9.1.1

Grazing Assignment Definition

10.9.1.2 Eligibility

10.9.1.3 Application, Consideration

10.9.1.4 Number of Grazing Assignments

10.9.1.5 Grazing Capacity

10.9.1.6 Fences, Maintenance

10.9.1.7 Fees

10.9.1.8 Waiver of Bonds

10.9.1.9 Residential Lease Supersedes Grazing Assignments

10.9.2 Agricultural Assignment

10.9.2.1 Agricultural Assignments Definitions

10.9.2.2 Eligibility

10.9.2.3 Waiver of Bonds

10.9.2.4 Duration and Renewal of Assignments

10.9.2.5 Fees

10.9.2.6 Annual Reports

10.10 Commercial Assignments

10.10.0 Purpose

10.10.1 Commercial Assignments Definition

10.10.2 Eligibility

10.10.3 Commercial Assignment Fees

10.10.4 Factors for Considering Commercial Assignments

10.10.5 Resource Related Assignments

10.11 Land Acquisition and Exchange

10.11.0 Purpose

10.11.1.1 Establishment of Land Acquisition Reserve Fund

10.11.1.2 Withdrawals From Land Acquisition Reserve Fund

10.11.1.3 Land Acquisition Procedure

10.11.1.4 Use of Acquired Land

10.11.1.5 Non-Member Acquisition and Intergovernmental Agreements

10.11.2 Land Exchanges

10.11.2.1 Exchanges Involving Fee Property

10.11.2.2 Exchanges for Assignment Land

10.11.2.3 Land Exchange Outside Reservation Boundaries

10.12 Water Rights

10.12.1 Purpose

10.12.2 Interpretation of Federal, State and Other Laws

10.12.3 Authority of Tribal Court

10.12.4 Appointment of AD Hoc Water Committee

10.13 Enforcement Provisions

10.13.0 Enforcement Policy

10.13.1 Relinquishment, Notice of Cancellation

10.13.2 Department Hearing, Appeal

10.13.3 Tribal Court Jurisdiction

10.13.4 Appointment of Ad Hoc Water Committee

10.13 Enforcement Provisions

10.13.0 Enforcement Policy

10.13.1 Relinquishment, Notice of Cancellation

10.13.2 Department Hearing, Appeal

10.13.3 Tribal Court Jurisdiction

10.13.4 Tribal Court Review

10.13.5 Removal of Personal Property

10.13.6 Probationary Period

10.13.7 Assignment Cancellation

10.13.7.1 Cancellation for Cause

10.13.8 Enforcement - Land Assignment Ordinance

10.13.9 Notice of Other Violations

10.13.10 Tribal Court Actions

10.13.11 Violations and Penalties

10.13.12 Other Penalties

10.14 Construction

10.15 Severability

Title 11 - Election Ordinance

SECTION 1. AUTHORITY

ARTICLE VI, SECTION 3. ELECTION BOARD

ARTICLE VI, SECTION 4. ELECTION ORDINANCE

SECTION 2. PURPOSE

SECTION 3. DEFINITIONS

SECTION 4. ELECTION OFFICIALS

4-A. ELECTION OFFICIAL DUTIES

4-B. INTERNAL PROCEDURE OF ELECTION BOARD

SECTION 5. VOTER REGISTRATION AND VOTING LISTS

5-A. REGISTRARS

5-B. REGISTRATION RECORDS

5-C. How TO REGISTER AS A VOTER

5-D. VOTER REGISTRATION

5-E. CANCELLATION OF REGISTRATION

5-F. REGISTRATION PERIOD

5-G. PREPARATION AND POSTING LIST OF REGISTERED VOTERS 5

SECTION 6. PRIMARY AND GENERAL ELECTION DAYS

SECTION 7. TYPES OF ELECTIONS

7-A. ELECTION OF TRIBAL COUNCIL MEMBERS

7-B. FILLING VACANCIES ON THE TRIBAL COUNCIL (OTHER THAN REGULARL Y OCCURRING VACANCIES) 7-C. PRIMARY ELECTION

7-D. GENERAL ELECTION

7-E. RECALL ELECTION

7-F. REFERENDUM ELECTION

7-G. CONSTITUTIONAL AMENDMENT

7-H. ELECTION BOARD MEMBERS

7-I. ELECTED JUDICIAL OFFICERS

SECTION 8. PETITIONS

8-A. PETITION FORMAT

8-B. FILING OF PETITIONS

8 -C. ACTION ON PETITIONS

SECTION 9. VOTER QUALIFICATION

9-A. QUALIFIED VOTER

9-B. ABSENTEE VOTER

SECTION 1O. BALLOTS

10-A. FORM OF BALLOTS

10-B. NUMBER OF BALLOTS

10-C. DELIVERY AND RECEIPT OF BALLOTS

SECTION 11. ABSENTEE VOTING

11-A. BASIS FOR PROVIDING ABSENTEE BALLOTS

11-B. NOTIFICATION

11-C. PROPER ADDRESS

11-D. MANNER OF REQUESTING AND ISSUING ABSENTEE BALLOTS

11-E. EXECUTION AND RETURN OF ABSENTEE BALLOTS BY MAIL.

SECTION 12. ELECTION SEQUENCE OF EVENTS

SECTION 13. VOTING HOURS ON ELECTION DAY

13-A. ELECTIONEERING AND LOITERING

SECTION 14. POLL OFFICIALS

14-A. ALTERNATES FOR POLLING OFFICIALS

14-B. DUTIES OF POLL OFFICIALS AND VOTERS

SECTION 15. HANDLING OF SPECIAL CIRCUMSTANCES

I5-A. SPOILED BALLOT

I5-B. WRITE-IN VOTES

15-C. CHALLENGED BALLOTS

SECTION 16. CANVAS OF ELECTION RESULTS

I6-A. POLL WATCHERS

16-B. COUNTING THE BALLOTS

I6-C. COUNTING CHALLENGED BALLOTS

I6-D. PREPARATION FOR COUNTING ABSENTEE BALLOTS

I6-E. IMPROPERLY MARKED BALLOTS

16-F. PRIMARY ELECTION

I6-G. GENERAL ELECTION

I6-H. TIE VOTES INVOLVING ISSUES, REFERENDUM, RECALL OR CONSTITUTIONAL AMENDMENTS

16-I. ANNOUNCEMENT OF RESULTS

SECTION 17. CONTEST OF ELECTION RESULTS

I7-A. PRIMARY, GENERAL AND ALL OTHER ELECTIONS - GROUNDS FOR CONTEST

I7-B. RECOUNT CONTEST

17-C. OFFICIAL CERTIFICATION OF ELECTION RESULTS

SECTION 18. INSTALLATION OF SUCCESSFUL CANDIDATES

18-A. NOTIFICATION AND INSTALLATION

18-B. OATH OF OFFICE - TRIBAL COUNCIL

18-C. OATH OF OFFICE - ELECTION BOARD

SECTION 19. ELECTION RECORDS

SECTION 20. ELECTION BOARD BUDGET

SECTION 21. AMENDMENTS

SECTION 22. RATIFICATION OF ELECTION ORDINANCE

SECTION 23. CONSTITUTIONAL CONFLICT

Title 12 - Improper Conduct

Title 13 - TERO

13.0 Short Title

13.1 Effect on Prior Enactments

13.1.1 Repeal

13.1.2 Certification of Indian Firms

13.1.3 Fair Operating Standards and Dispute Resolution Procedures

for Reservation Timber Sales Preserved Pending Approval of Administrative Rules

13.2 Definitions

13.3 Establishment of TERO Commission and Office

13.3.1 Establishment and Purpose of Commission

13.3.2 General Powers of the Commission

13.3.3 Composition of the Commission

13.3.4 Powers of the TERO Director

13.4

Indian Employment Preference Policy and Procedures

13.4.1 Applicability

13.4.2 Covered Positions

13.4.3 Qualified Indians; Employment Criteria

13.4.4 Eligible Indians

13.4.5 Notice of Employee Rights

13.4.6 Employer Retaliation Prohibited

13.5 Establishment of TERO Tax and Fees

13.6 Special Requirements for Contractors and Subcontractors

13.6.1 Certification by Commission

13.6.2 Indian Preference Plan

13.6.3 Failure to Submit Indian Preference Plan

13.6.4 Amendments to Plan

13.6.5 Bid Shopping Prohibited

13.7 Job Categories

13.7.1 Identification of Regular, Permanent Easements

13.7.2 Lay-Offs

13.7.3 Existing Contracts, Employers

13.7.4 Reporting Requirements

13.8 Implementation

13.8.1 Numerical Hiring Goals

13.8.2 Training Programs

13.8.8 Issue Permits

13.9 Enforcement By TERO Commission

13.9.1 Investigation, Monitoring

13.9.2 Issue Notices of Non-Compliance and Compliance Orders

13.9.3 Citations, Subpoenas, and Penalties

13.9.4 Hearings

13.9.5 File and Defend Cases in Tribal Court

13.10 Tribal Court

13.11 Legal Representation

13.12 Principles of Construction; Severability; Sovereign Immunity Preserved

13.13 Effect of Amendments on Prior TERO Legislation and Pending Cases

Certification

Title 14a - Domestic Relations Code

Chapter 1. General Provisions

14A.1.10

Title

14A.1.20 Authority

14A.1.30 Purpose and Scope

14A.1.40 Construction

14A.1.50 Definitions

14A.1.60 Sovereign Immunity Preserved

14A.1.70 Inconsistent Provisions of Other Law

14A.1.80 Severability

Chapter 2. Marriage

14A.2.10 Persons Who May Marry

14A.2.20 Prohibited Marriages

14A.2.30 Who May Perform Marriage Ceremonies

14A.2.40 Marriage Ceremony

14A.2.50 Marriage Licenses, Affidavits and Certificates

14A.2.60 Voidable Marriages

14A.2.70 Existing Marriages

Chapter 3. Dissolution of Marriage, Legal Separation and Declaration of Invalidity of Marriage

14A.3.10 Civil Procedure to Govern - Designation of Proceedings

14A.3.20 Pleadings - Contents - Defense - Joinder of Parties

14A.3.30 Informal Dispute Resolution

14A.3.40 Temporary Order or Preliminary Injunction - Effect

14A.3.50 Separation Agreement - Effect

14A.3.60 Decree of Legal Separation - Findings Necessary

14A.3.70 Dissolution of Marriage - Findings Necessary

14A.3.80 Declaration of Invalidity of Marriage - Findings Necessary

14A.3.90 Irretrievable Breakdown of the Marriage - Finding

14A.3.100 Disposition of Property

14A.3.110 Modification and Termination of Property Disposition

14A.3.120 Spousal Maintenance - Computation Factors

14A.3.130 Payment of Spousal Maintenance - Records

14A.3.140 Modification and Termination of Spousal Maintenance

14A.3.150 Costs and Expenses

14A.3.160 Decree - Finality - Restoration of Former Name

14A.3.170. Independence of Provisions of Decree or Temporary Order

Chapter 4. Parenting Plans and Visitation

14A.4.10 Policy - Best Interests of Child

14A.4.20 Civil Procedure of Govern - Designation of Proceedings

14A.4.30 Petition for Parenting Plan

14A.4.40 Parenting Plan

14A.4.50 Temporary or Interim Parenting Plan

14A.4.60 Visitation Rights - Person Other Than Parent

14A.4.70 Modification of Parenting Plan or Visitation

14A.4.80 Representation of Child by Counsel - Fees

Chapter 5. SEC

14A.5.10 Parties to the Action; No Notice of Action; Designation of Proceedings

14A.5.20 Petition for Non Parental Custody

14A.5.30 Child's Preference

14A.5.40 Possible Outcomes In Nonparental Custody Actions; Circumstances in Which Nonparental Custody Will be Granted; Court Ordered Drug Testing; Mediation

14A.5.50 Child Support Orders

14A.5.60 Contents, Effect, and Duration of Nonparental Custody Decree

14A.5.70 Motion for Modification

14A.5.80 No Authorization of Court Ordered Social Services

Chapter 6. Parent and Child

14A.6.10 "Parent and Child Relationship" Defined

14A.6.20 Relationship Not Dependent on Marriage

14A.6.30 How Parent and Child Relationship Established

14A.6.40 Presumption of Paternity

14A.6.50 Artificial Insemination

14A.6.60 Determination of Father and Child Relationship - Who May Bring Action - When Action May be Brought

14A.6.70 Jurisdiction

14A.6.80 Parties

14A.6.90 DNA Tests

14A.6.100 Evidence Relating to Paternity

14A.6.110 Civil Action - Testimony - Evidence - Jury

14A.6.120 Judgment or Order Determining Parent and Child Relationship Support Judgment and Orders - Custody

14A.6.130 Support Orders - Time Limit, Exception

14A.6.140 Temporary Support - Temporary Restraining Order Preliminary Injunction - Support Debts, Notice

14A.6.150 Costs

14A.6.160 Enforcement of Judgments or Orders

14A.6.170 Modification of Judgment or Order - Continuing Jurisdiction

14A.6.180 Action to Determine Mother and Child Relationship

14A.6.190 Hearing or Trials to be in Closed Court - Records Confidential

Chapter 7. Child Support

14A.7.10 Introduction - Child Support

14A.7.20 Authority to Establish a Child Support Schedule

14A.7.30 General Standards for the Application and Use of the Child Support Schedule

14A.7.40 Child Support Schedule and Calculations

14A.7.50 Guidelines for Deviation from Support Obligation

14A.7.60 In-Kind Services and Resources

14A.7.70 Modification and Termination of Provisions for Child Support

14A.7.80 Collection of Past Due Support

14A.7.90 Payment of Support - Records

14A.7.100 Assignments

Appendix I - Child Support Schedule

Chapter 8. Recognition of Foreign Spousal Support, child Support and Child Custody Orders

14A.8.10 Foreign Spousal Support and Child Support Order - Defined

14A.8.20 Foreign Spousal Support and Child Support Orders - When Recognized

14A.8.30 Procedure for Recognition and Enforcement of Foreign Spousal Support and Child Support Orders

14A.8.40 Purpose and Scope

14A.8.50 Application

14A.8.60 Registration of Child Custody Determinations

Title 14c - Elder Dependent Adult Protection Code

Chapter 1. General Provisions

14C.1.01 Title

14C.1.02 Authority

14C.1.03 Purpose

14C.1.04 Construction

14C.1.05 Inconsistent Provisions of Other Law

14C.1.06 Severability

14C.1.07 Criminal Penalties

14C.1.08 Definitions

Chapter 2. Reports of Suspected Elder or Dependent Adult Abuse or Neglect

14C.2.01 Mandated Reporting Agency

14C.2.02 Mandated Reporters

14C.2.03 Content of Reports

Chapter 3. Powers and Duties of Adult Protective Services Workers

14C.3.01 Protective Services Agency

14C.3.02 Public Guardian

14C.3.03 Power and Duties of Adult Protective Services Workers

14C.3.04 Voluntary Services

Chapter 4. Investigation of Reports or Elder or Dependant Adult Abuse or Neglect

14C.4.01 Timeliness of Investigation

14C.4.02 Agencies Responsible for Investigation

14C.4.03 Investigation Procedures

14C.4.04 Possible Outcomes of Investigation

Chapter 5. Emergency Placement of Endangered Adults

14C.5.01 Legislative Intent

14C.5.02 Authority to Take into Protective Custody

14C.5.03 Appropriate Temporary Residence

14C.5.04 Appropriate Temporary Protective Services

14C.5.05 Protective Order Under Title

Chapter 6 Filing Emergency Adult Protection Petition

14C.6.01 Authorization for Petition by the Division of Human Services

14C.6.02 Timeline for Filing Emergency Petition

14C.6.03 Notice of Emergency Hearing

14C.6.04 Contents of the Petition

14C.6.05 Hearing

14C.6.06 Outcome of Emergency Protection Hearing

14C.6.07 Emergency Services Protective Order

Chapter 7. Adult Protective Services Order

14C.7.01 Petition in Non-Emergency Cases

14C.7.02 Timing of Hearing

14C.7.03 Adult Protective Services Order

14C.7.04 Review and Extensions of Adult Protective Orders

Chapter 8. Fiduciary Obligations of Guardians or Conservators

14C.8.01 Fiduciary Obligations

14C.8.02 Explanation of Fiduciary Obligations

Title 14d - Protective Order Code

Chapter 1. General Provisions

14D.1.01 Title

14D.1.02 Authority

14D.1.03 Purpose

14D.1.04 Construction

14D.1.05 Inconsistent Provisions of other Law

14D.1.06 Severability

14D.1.07 Criminal Penalties

14D.1.08 Definitions

Chapter 2. Procedures Applicable to Chapters 1-6 of this Code

14D.2.01 Who May Petition the Court for a Protective Order

14D.2.02 Duty of Court Personnel to Provide Forms

14D.2.03 Contents of the Petition

14D.2.04 Emergency Orders for Protection

14D.2.05 Hearing on Petition

14D.2.06 [Withheld]

14D.2.07 Content of Protective Orders

14D.2.08 Restitution

14D.2.09 Court Administration Costs

14D.2.10 Duration of Protective Orders

14D.2.11 Priority of Service of Protective Orders

14D.2.12 Modification or Extension of Protective Orders

Chapter 3. Community Council

14D.3.01 Purpose

14D.3.02 Referral to the Community Council

14D.3.03 Community Council Members

Chapter 4. Civil Harassment Orders

14D.4.01 Filing Fee

14D.4.02 [Withheld]

14D.4.03 Service

14D.4.04 Relief Available in Protective Order

14D.4.05 Modification or Dismissal of Protective Orders

Chapter 5. Domestic Violence Protection Orders

14D.5.01 Purpose

14D.5.02 Definitions

14D.5.03 Notice of Rights of Victims and Remedies and Services Available -- Required Information to be Provided by K'Ima:W Medical Center

14D.5.04 Duties of Court to Provide Notice as to Services to Petitioner

14D.5.05 Filing Fee

14D.5.06 Service

14D.5.07 Emergency Orders for Protection

14D.5.08 Hearing

14D.5.09 Remedies Available in an Order for Protection after Noticed Hearing

14D.5.10 Notice to Parties

14D.5.11 Prohibition on Mutual Protective Orders

14D.5.12 Modification or Dismissal of Orders for Protection

14D.5.13 Enforcement and Penalties for Violation

14D.5.14 Full Faith & Credit

14D.5.15 Information Disclosure Requirements for those who Commit Domestic Violence

14D.5.16 Rights of Victims of Domestic Violence

14D.5.17Policy and Procedure Requirement for First Disclosure Agencies

14D.5.18 Domestic Violence Response Team

14D.5.19 Domestic Violence Leave Act

Chapter 6. Tribal Elder and Dependant Adult Protective Orders

14D.6.01 Definitions

14D.6.02 Petition by the Division of Human Services

14D.6.03 Emergency Services Protective Order

14D.6.04 Protective Order After Hearing

Chapter 7. Injunctions

14D.7.01 When Injunction May be Granted

14D.7.02 Contents of the Petition

14D.7.03 Contents of the Response

14D.7.04 Preliminary Injunction

14D.7.05 Hearing on Petition

Title 15 - Conservation

15.0 Short Title

15.1 Purpose

15.2 Prior Ordinances and Policies Repealed

15.3 Hoopa Valley Indian Reservation Closed

15.4 Establishment of Permit System

15.4.1 Permit System

15.4.1 Membership Identification Cards

15.4.3 Special Wood and Gravel Permits Required

15.4.4 Tribal Employees

15.5 Permits Required

15.6 Persons Not Known to be Hoopa Members

15.7 Types of Permits

15.7.1 Personal Use Permits

15.7.2 Fee Permits

15.8 Limitations of Authorization

15.8.1 Activities of Tribal Government

15.8.2 Permits Not Exemption from Laws

15.8.3 Sensitive Resources

15.9 Application Process - Issuing Agent - Recordkeeping

15.9.1 Issuing Agent

15.9.2 Evaluation by Issuing Agent

15.9.3 Evaluation, Issuance, Denial of Permit

15.10 Factors for Issuing Permits

15.11 Off-Reservation Transport

15.12 Invalidation of Permit

15.13 Suspension, Revisions and Termination of Permit

15.14 Seizure/Confiscation of Property

15.14.1 Seizure of Resources

15.14.2 Confiscation of Property

15.15 Enforcement

15.15.1 Tribal Police/Court Jurisdiction

15.15.2 Issuance of Citations

15.15.3 Exclusive Tribal Court Jurisdiction

15.15.4 Penalties/Disposal of Private Property

15.16 Appeals of Administrative Action

15.17 Severability

15.18 Waiver of Sovereign Immunity

Certification

Title 16 - Fishing Ordinance

Section 1. Title

Section 2. Findings and Purpose

Section 3. Relation to Other Tribal Laws

Section 4. Definitions

Section 5. Jurisdiction

Section 6. Eligible Fisherman

Section 7. Tribal Biological Personnel

Section 8. Identification

Section 9. Fishing Equipment and Other Gear

Section 10. Prohibited and Restricted Fishing Gear

Section 11. Annual, Seasonal and Emergency Regulations

Section 12. Appeals - Repealed

Section 12. Amendments

Section 13. Tribal Court

Section 13 - Enforcement

(a) Tribal Court

(b) Citations

Section 14 - Penalties

Title 17 - Closed Range

17.0 Short Title

17.1 Findings and Purpose

17.2 Definitions

17.3 Open Grazing, Free Roaming of Livestock Prohibited

17.4 Establishment of Animal Control Fund

17.5 Enforcement

17.5.1 Seizure by Tribal Police

17.5.2 Authority to Enter Into Contracts

17.6 Emergency Destruction of Livestock

17.7 Impoundment

17.8 Notice of Seizure; Citation

17.9 Unclaimed Animals

17.10 Retrieval of Impounded Livestock; Bail

17.10.1 Claim by Owner; Proof of Ownership

17.10.2 Posting Bail; Transportation

17.11 Hearing in Tribal Court

17.12 Penalties; Assessments

17.13 Forfeiture and Sale

17.13.1 Unclaimed Livestock; Ineligible Persons

17.13.2 Funds from Sales

17.14 Exclusive Tribal Court Jurisdiction

17.15 Private and Tribal Cause of Action

17.16 Principles of Construction; Sovereign Immunity Preserved

17.16.1 Limitations of Application

17.16.2 Movement of Livestock

17.16.3 Severability

17.16.4 Sovereign Immunity Preserved

Certification

Title 18 - Chairman's

Title 19 - Budget

Section

1. Purpose

Section 2. Establishment of Fiscal Year Revenues

2.1 Identification of Tribal Revenues

2.2 Identification of Grants, Contracts, Miscellaneous Funds

2.3 Tribal Reserve Funds

Section 3. Establishment of Budget Authority

3.1 Establishment by Tribal Resolution

3.2 Permanent Fiscal Year Budget Package

3.3 Funds, Contracts, Grants not Identified

Section 4. Development of Tribal Budget

4.1 Chairman's Budget Recommendations

4.2 Tribal Council Review/Adoption of Proposed Budget

Section 5. Adoption of Tribal Budget

5.1 Changes to the Proposed Budget

5.2 Final Budget Preparation

Section 6. Assignment of Authority and Responsibility

6.1 Authority and Responsibility of the Council

6.2 Authority and Responsibility of the Chairman

6.3 Authority and Responsibility of the Chief Fiscal Officer

6.4 Authority and Responsibility of Managers/Directors

6.5 Limitations on Authority

Section 7. Regular and Emergency Budget Amendments

7.1 Budget Line Item Amendments

7.2 Regular Budget Amendments

7.3 Emergency Amendments

7.4 Limitation on Amendments

Section 8. Enforcement

8.1 Council, Chairman, Chief Fiscal Officer

8.2 Tribal Court

8.3 Penalties

Title 20 - Reward Info

Title 21 - Drug and Alcohol Policies

21.0 Short Title

21.1 General Policy Statement

21.1.1 Purposes

21.1.2 Overview

21.2 Definitions

21.2.1 Employee

21.2.2 Tribal Premises

21.2.3 Tribal Entity

21.2.4 Conducting Tribal Business

21.2.5 Council Member

21.2.6 Board, Commission or Committee Member

21.3 Application of the Policy

21.3.1 Council Members, Delegates and Employees of the Tribe and Its Entities

21.3.2 Independent Contractor and Vendor Employees

21.4 Covered Substances - Defined

21.4.1 Legal Drugs

21.4.2 Illegal Drugs

21.4.3 Unauthorized Substances and Alcohol

21.5 Prohibited Conduct

21.5.1 Refusal or Failure to Comply with Drug or Alcohol Test

21.5.2 Providing False Information and/or Attempting to Contaminate or Alter a Urine Specimen

21.5.3 Refusal or Failure to Comply with Treatment Recommendations

21.5.4 Testing Positive for a Prohibited Drug, Alcohol or an Unauthorized Substance on Second or Subsequent Occasion

|21.5.5 Sale or Transfer

21.5.6 Possession or Use

21.5.7 Under the Influence

21.6 Use of Legally Obtained Drugs

21.6.1 Protection from Work

21.6.2 Notification Required

21.7 Policy Communication

21.7.1 Current Employees and Council Members or Delegates

21.7.2 New Employees and Council Members or Delegates

21.8 Training

21.8.1 Current Employees and Council Members or Delegates

21.8.2 Supervisors and Council Members or Delegates

21.8.3 New Hires, Supervisors and New Council Members or Delegates

21.8.4 Refresher Training

21.9 Role of the Consulting Physician

21.9.1 Duties

21.9.2 Test Results

21.9.3 Reporting

21.9.4 Relationships

21.9.5 Reports

21.10 Role of the Fit for Duty Officer

21.10.1 Appointment

21.10.2 Reporting Authority

21.10.3 Reports

21.10.4 Relationships

21.10.5 Duties and Responsibilities

21.11Testing for Drugs and Alcohol

21.11.1 Urine, Blood, and Breath Specimens

21.11.2

Drugs to be Tested

21.12 Pre-Employment Testing

21.12.1 Pre-employment Testing Defined

21.12.2 Notification of Testing Requirement

21.12.3 Reapplication After a Positive Test

21.13 Reasonable Cause Testing

21.13.1 Reasonable Cause Testing Generally

21.13.2 Reasonable Cause Defined

21.14 Post-Accident/Incident Testing

21.14.1 Post-Accident/Incident Testing Defined

21.14.2 Referral to Employee Assistance

21.14.3 Initiating a Request for Post-Accident/Incident Testing

21.14.4 Next Level Authorization Required

21.15 Return to Duty Testing

21.15.1 Return to Duty Testing Defined

21.15.2 Role of Consulting Physician and Fit for Duty Officer in Return to Duty

21.15.3 Unannounced Drug Tests

21.16 Random Testing

21.16.1 Random Testing Defined

21.16.2 Selection Rate

21.16.3 Notification

21.16.4 Refusal to be Tested

21.16.5 Urinalysis or Assessment

21.16.6 Safety Sensitive Defined

21.16.7 Random Testing Intervals

21.16.8 Written Confirmation of Random Selection

21.17 Specimen Collection

21.17.1 Specimen Collection Sites

21.17.2 Specimen Collection Persons

21.17.3 Specimen Collection Protocol

21.18 Laboratory Procedures

21.18.1 Approved Laboratory Defined

21.18.2 Testing Procedures

21.18.3 Request for Reexamination

21.19 Supervisor Responsibilities

21.19.1

Reasonable Cause and Post-Accident Testing

21.19.2 Confidentiality

21.19.3 Random Selection Notification

21.19.4 Accountability

21.20 Employee Assistance and Rehabilitation

21.20.1 Intent

21.20.2 Employee Assistance Defined

21.20.3

Drug and Alcohol Assessment Defined

21.20.4 Voluntary Self-Referrals

21.20.5 Management Referrals

21.20.6 Employee and Council Member or Delegate Accountability for Conduct

21.20.7 Fit for Duty Referrals

21.20.8 Return to Duty Evaluation

21.20.9 Reporting

21.20.10 Confidentiality and Conduct

21.20.11 Freedom From Discrimination

12.20.12 Re-entry to work or Council Duties

21.21 Confidentiality, Record Keeping and Reports

21.21.1 Confidentiality

21.21.2 Record Keeping

21.22 Business Use of Alcohol

21.22.1 Never a Business Obligation

21.22.2 Separation of Business and Business Entertainment

21.22.3 Tribal Sponsored Social Events

21.23 Procedural Effect

Certification

Title 22 - Liquor Sales

41 FR 10113

Section 1. Conformity with laws of California and this Ordinance

Section 2. Corporate and tribal entity

Section 3. Tribal License Required

Section

4. Application for tribal liquor license: Requirements

Section 5. Conditions of the tribal license.

Section 6. Cancellation and suspension.

Section 7. Prior Tribal laws repealed.

Section 8. Effective Date.

Title 23 - UI Disability

I . General Provisions

Section 1. Title

Section 2. Findings and Purpose

Section 3. Relation to Other Tribal Laws

Section 4. Definitions

Section 5. Mandatory Coverage - General

Section 6. Mandatory Coverage - Subordinate Tribal Entities

Section 7. Tribal Tax Levied

Section 8. Manner of Compliance

Section 9. Status of Contributions

II. Enforcement - State of California

Section 10. Enforcement

Section 11. Validity of State Process

Section 12. Notice to Hoopa Valley Business Council

Section 13. Exhaustion of Tribal Remedies

III. Enforcement - Hoopa Valley Tribe

Section 14. Civil Enforcement Hearing Before Council

Section 15. Notice and Service

Section 16. Publication of Notice

Section 17. Informal Hearing; Evidence; Attorney

Section 18. Burden and Standard of Proof

Section 19. Applicable Law

Section 20. Evidence Standard

Section 21. Judgment of the Council

Section 22. Damages - Kind and Amount

Section 23. Injunction; Collection Procedures; Disbursement

Section 24. Exclusion from Reservation

Section 25. Severability

Section 26. Effective Date

Title 24 - Exec Session

Title 25 - Burial Award

Section I. Effective Date

Section II. Amount of Grant

Section III. Claimants

Section IV. Purposes of Grant and Priorities in Payment of Claims

Section V. Time Limit For Submission of Claims

Section VI. Filing of Claims

Section VII. Administration of Claims

Section VIII. Amendment of Ordinance

Certification

Title 26 - Building Code

Title 27 - Housing

I. Declaration of Need

II. Purposes

III. Definitions

IV. Organization

V. Powers

VI. Bonds

VII. Miscellaneous

VIII. Cooperation in Connection with Projects

IX. Severability

Certification

Title 28 - Debt Collection

28.0

Short Title

28.1 Purpose

28.2 Definitions

28.3 Establishment of Credit Policy

28.4 Effect of Existing Collection Proceedings

28.5 Jurisdiction

28.6 Responsible Parties

28.7 Tribal Attorney - Technical Assistance/Representation

28.8 Notification

28.9 Assessment of Damages Incurred

28.10 Real Property Foreclosures

28.11 Per Capita Payments

28.12 Satisfaction of Judgments

28.13 Records of Judgments

28.14 Reports of Bad Debts

28.15 Foreign Judgments

28.16 Sovereign Immunity

28.17 Severability

Certification

Title 29 - Political Appointment

Title 30 - Personnel Policies and Procedures

CHAPTER I - GENERAL PROVISIONS

1.1 Introduction

1.2 Purpose and Objectives

1.3 Application

1.4 Application to Tribal Chartered Entities

1.5 Nepotism/Conflict of Interest

CHAPTER 2 - ORGANIZATION FOR TRIBAL AND PERSONNEL ADMINISTRATION

2.1 Hoopa Valley Tribal Council

2.2 Tribal Chairman

2.3 Tribal Vice-Chairman

2.4 Personnel Department/Director

2.5 Insurance Administrator

2.6 Program Manager

2.7 Boards, Committees and Commissions

CHAPTER 3 - Employment Classification

3.1 EMPLOYMENT CATEGORIES

3.2 Employment Status

CHAPTER 4 - RECRUITMENT AND SELECTION

4.1 Recruitment

4.2 Job Applications

4.3

Filing Applications

4.4 Affirmative Action

4.5 Qualifications

4.6 Evaluation of Applicants

4.7 Interview Panel

4.8 Selection

4.9 Appointment

4.10 Payroll Certification

CHAPTER 5 - CONDITIONS OF EMPLOYMENT

5.1 Chain of Command Policy

5.2 Management General Principles

5.3 Employee General Principles

5.4 Employee Responsibilities

5.5 Harassment

CHAPTER 6 - EMPLOYEE & MANAGER PERFORMANCE, EVALUAT

6.1 Employee and Manager Evaluation Procedures

6.1.1 Introductory Evaluations

6.1.2 Management Evaluations

6.1.3 Termination During Introductory Period

6.2 Management Evaluations

6.3 Employee Evaluations

CHAPTER 7 -

CHANGES IN EMPLOYMENT STAT

7.1 Promotion

7.1.1 Temporary Promotions

7.1.2 Retroactive Promotions & Pay Increases

7.2 Transfer/Reassignment

7.3 Separation

7.4 Retirement

7.5 Resignation

7.6 Layoff

7.7 Dismissal

7.8 End of Contract Period

CHAPTER 8 - CHANGES OF EMPLOYMENT RESULTING FROM DISCPLINARY ACTION.

8.1 Disciplinary Action - Employees

8.1.1 Corrective Interview

8.1.2 Written Reprimand/Disciplinary Action

8.1.3 Table of Penalties

8.2 Disciplinary Action - Managers

CHAPTER 9 - APPEALS/GRIEVANCE PROCEDURES

9.1 Managers Grievance Procedure

9.2 Employee Grievance Procedure

9.3 Terminated Employees/Program Managers

CHAPTER 10 - CLASSIFICATION AND COMPENSATION

10.1 Classification

10.2 Compensation

10.3 Hours of Work

10.4 Overtime and Compensatory Time

10.5 Time Card Procedures

CHAPTER 11 - EMPLOYEE BENEFITS

11.1

Holidays

11.2 Leave Policy

11.3 Annual Leave

11.4 Sick Leave

11.5 Maternity Leave

11.6 Administrative Leave

11.7 Military Leave

11.8 Bereavement Leave

11.9 Jury Duty

11.10 Election Days

11.11 Social Security

11.12 Group Insurance Plans

11.13 Optional/Additional Insurance Coverage

11.14 Fringe Benefit Status During Introductory Period

11.15 Workers Compensation/Unemployment Insurance

CHAPTER 12. TRAINING

12.1 General Policy/Objective of the Tribal Training Program

12.2 Education Leave Policy

12.2.1 Educational Leave

12.2.2 Educational Co-op

12.3 Executive Management Training Program

12.4 Responsibility for Delivery of Training

12.5 Training Categories

12.6 Identification of Training Needs

12.7 Budgeting for Tribal Training

12.8 Evaluation of Training

CHAPTER 13. EEO COMPLAINTS

13.1 EEO Complaints

CHAPTER 14. RECORD KEEPING

14.1 Personnel Records

CHAPTER I5 - EMPLOYEE CIVIL EMPLOYMENT ACTIONS BROUGHT AGAINST THE TRIBE

15.1 Civil Actions

15.2 Governing Law

15.3 Sovereign Immunity

Title 30a - Employment Background Check Policy

1.1 - General

1.1.1 Purpose

1.1.2 Background and Intent

1.1.3 Definitions

2.1 - Jurisdiction

3.1 - Implementation thru Non - regulatory Action

4.1 - Exemption for certain employees

5.1 - Additional Criteria Warranting a Background Investigation

6.1 - Background investigations

7.1 - Determination of suitability

8.1 - Minimum standards of character

9.1 - Employment applications

10.1 Procedures

11.1 Process for adjudicating suitability

12.1 Denial or dismissal of employment

13.1 Other factors warranting denial or dismissal of employment

14.1 Rights of applicant, volunteer, contractor or employee

15.1- Emergency Exemption

16.1 Neglectful Supervision

17.1 Sovereign immunity intact

18.1 Severability

Title 31 - Gaming

13.1

Purpose

31.2 Short Title

31.3 Gaming Authorized

31.4 Public Policy

31.5 Ownership of Gaming

31.6 Definitions

31.7 Use of Gaming Revenue

31.8 Unauthorized Gaming

31.9 Conduct of Games

31.10 Applicability of Code

31.11 Establishment of Commission

31.12 Audit

31.13 Protection of the Environment and Public Health and Safety

31.14 Gaming License Required

31.15 Standard for License

31.16 Application for License

31.17 Required Application Forms

31.18

Fingerprint Cards Required

31.19 Withdrawal of Application

31.20 Continuing Duty to Provide Information

31.21 Term of License; License Fees; Parameters of License

31.22 Conditions of License

31.23 Facility License

31.24 Certification of Gaming Devices

31.25 Provisional License

31.26 Provisional Employment Pending Issuance of License and During Temporary License Period

31.27 Assignment of Transfer

31.28 Required Background Investigations

31.29 Scope of Rules of Procedure

31.30 Right of Appeal; Appeals Procedures

31.31 Minimum Procedures for Control of Internal Fiscal Affairs

31.32 Prohibition Against Certain Individuals

31.33 Prohibited Acts

31.34 National Indian Gaming Commission-Regulation

31.35 National Indian Gaming Commission-Assessment

31.36 Compact with the State of California

31.37 Security and Surveillance

31.38 Compliance with Other Laws

31.39 Amendments

31.40 Severability

31.41 Words and Terms

31.42 Repeal

31.43 Unclaimed Winnings

31.44 Patron Disputes

31.45 Patron Rights Regarding Disputes

31.46 Gaming Commission Action on Patron Disputes

31.47 Agent for Service of Process

31.48 Consent to Jurisdiction

31.49 Sovereign Immunity

31.50 Submission to Federal Agencies

Title 32 - Spokesperson Ethics

32.0 Short Title and Purpose

32.0.1 Short Title

32.0.2 Purpose

32.1 Jurisdiction

32.1.1 Generally

32.1.2 Concurrent Jurisdiction

32.2 Construction with Other Laws or Ordinances

32.2.1 Prior Inconsistent Codes or Ordinances Amended

32.2.2 Amendment of Code of Professional Ethics

32.2.3 Codification

32.2.4 Code of Federal Regulations no Longer Applicable

32.3 Interpretation of this Code

32.4 Definitions

32.5 Rules of Professional Conduct

1.0 Professional Conduct in General

1.1 Competence

1.2 Scope of Representation

1.3 Diligence

1.4 Confidentiality

1.5 Assisting, Soliciting or Inducing Violations

1.6 False Statement Regarding Admission to State or Tribal Bar

1.7 Unauthorized Practice of Law

1.8 Financial Arrangements with Non-Lawyers and Non-Spokespersons

1.9 Advertising and Solicitation

2.0 Conflict of Interest; General Rules

2.1 Conflict of Interest; Former Client

2.2 Imputed Disqualification; General Rule

2.3

Avoidance of Interests Adverse to a Client

3.0 Attorney or Spokesperson Fees

32.6 Severability

32.7 Sovereign Immunity Preserved

Title 33 - Guide Packers

33.0 Short Title and Purpose

33.0.1 Short Title

33.0.2 Purpose

33.1 Prior Ordinances and Policies Amended

33.2 Amendment of this Code

33.3 Jurisdiction

33.3.1 Territory

33.3.2 Persons

33.4 Permit Requirements

33.5 Permit Application Process

33.6 Application Fees and Renewal

33.7 Revocation of a Permit

33.8 Number of Permits Issued

33.9 Refusal to Issue Permit; Appeal and Hearing Procedure

33.10 Enforcement

33.11 Severability

33.12 Sovereign Immunity Preserved

Title 34 - Marijuana Suppression

34.1 Short Title

34.2 Purpose

34.3 Definitions

34.4 Prohibition Against Cultivation of Marijuana

34.5 Enforcement of Ordinance

34.6 Tribal Court Jurisdiction

34.7 Penalties

34.7.1 Civil Penalties

34.7.2 Exclusion from Reservation

34.7.3 Criminal Prosecution

34.7.4 Injunction Prohibiting Cultivation of Marijuana

34.7.4.1 Content of Declaration in Support of Request for Injunctive Relief

34.7.5 Seizure & Destruction of Marijuana

34.7.5.1 Content of Declaration in Support of Request for Order of Seizure, Forfeiture and/or Destruction of Marijuana

34.7.6 Notice and Service

34.7.7 Voluntary Destruction of Marijuana

34.7.8 Involuntary Destruction of Marijuana

34.8 Medicinal Use Defense Not Available

34.9 Severability

34.10 Sovereign Immunity

Title 35 - Riparian Mining

35.0 Short Title, Findings, and Purpose

35.0.1 Short Title

35.0.2 Findings

35.0.3 Purpose

35.1 Scope

35.2 Definitions

35.3 Establishment of Review Committee; Duties, Functions, and Authorities

35.4 Permit Requirements

35.5 Reclamation Plan Purpose

35.6 Reclamation Plan Requirements

35.7 Review Procedure

35.8 Performance Bond

35.9 Mining and Reclamation Practices

35.9.1 Soil Erosion Control

35.9.2 Water Quality and Watershed Control

35.9.3 Flood Control

35.9.4 Protection of Fish and Wildlife Habitat

35.9.5 Disposal of Mine Waste Rock and Overburden

35.9.6 Soil Salvage

35.9.7 Final Slope Gradient

35.9.8 Backfilling and Grading

35.9.9 Revegetation

35.10 Authority to Enter and Inspect Premises and Records

35.11 Enforcement

35.12 Appeals and Judicial Review

35.13 Severability

35.14 Sovereign Immunity Preserved

Title 36 - Foreclosure and Eviction Ordinance

Chapter 1. General Provisions Foreclosures & Evictions

36.1.01 Short Title

36.1.02 Authority

36.1.03 Findings

36.1.04 Purposes and Interpretation

36.1.05 Applicability (and Scope)

36.1.06 Jurisdiction

36.1.07 Construction

36.1.08 Retroactive Effect

36.1.09 Sovereign Immunity Preserved

36.1.10 Severability

Chapter 2. Definitions - Foreclosure

36.2.01 Secured Transaction Definitions

Chapter 3. Foreclosure of Secured Transactions

36.3.01 Self-Help Remedies Eliminated

36.3.02 One Action to Foreclose Security Interest

36.3.03 Action to Foreclose Interest in Personal Property

36.3.04 Action to Foreclose Mortgage

Chapter 4. Sale of Property

36.4.01 Notice

36.4.02 Conduct of Sale

36.4.03

Return of Sale

36.4.04 Title to Real Property

36.4.05 Redemption

36.4.06 Surpluses and Deficiencies from Sales

Chapter 5. Actions to Recover Possession of Real Property - Evictions

36.5.1 Definitions - Evictions

Chapter 6. Leases & Rental Agreements

36.6.01 Terms Prohibited in Leases

36.6.02 Term of Tenancy

36.6.03 Payment of Rent

36.6.04 Rules and Regulations

Chapter 7. Landlord Responsibilities & Rights

36.7.01 Landlord Responsibilities

36.7.02 Retaliation Prohibited

36.7.03

Landlord's Entry; Notice

36.7.04 No Self-Help Eviction

Chapter 8. Security Deposits

36.8.01

Amount of Security Deposit

36.8.02 Security Deposit Held for Tenant

36.8.03 Reasonably Necessary Claim; Preexisting Defects; Ordinary Wear and Tear

36.8.04 Return of Security Deposit; Itemized Statement

36.8.05 Action to Reclaim Security Deposit

Chapter 9. Tenant's Responsibilities & Rights

36.9.01 Tenant Responsibilities

36.9.02 Tenant Maintenance

36.9.03 Repair and Deduct

Chapter 10. Abandonment

36.10.01 Procedural Requirements to Establish Abandonment

36.10.02 Service of Notice of Abandonment

36.10.03

Content of Notice of Abandonment

36.10.04 Defenses to Claim of Abandonment

Chapter 11. Eviction

36.11.01 Notice; Method of Service

36.11.02 Grounds for Eviction

Chapter 12. Procedural Rules for All Cases Heard Under this Title

36.12.01 Summary Proceeding

36.12.02 Necessary Party Tenants; Joinder; Judgment; Subtenants after Notice to Tenant; Persons Bound by Judgment

36.12.03 Summons and Complaint

36.12.04 Appearance; Answer, Dismiss or Stay; Time Allowed

36.12.05 Motion for Summary Judgment

36.12.06 Extension of Time; Consent of Adverse Party

36.12.07 Entry of Default; Application for Relief

36.12.08 Pretrial Conference Hearings

36.12.09 Trial; No Jury Trial; Prima Facie Case; Rent

36.12.10 Defenses

Chapter 13. Discovery

36.13.01 Discovery Motions

36.13.02 Depositions

36.13.03 Interrogatories

36.13.04 Production of Documents; Inspections

36.13.05 Request for Admissions

Chapter 14. Judgment

36.14.01 Judgment

36.14.02

Relief Available to Plaintiff

36.14.03 Judgment: Defendant

36.14.04 Money Judgment Against Hoopa Valley Tribe Prohibited

36.14.05 Writ of Possession of Real Property

36.14.06 Execution of Judgment

36.14.07 Stay of Execution

36.14.08 Sale of Property; Release of Property to Rightful Owner

Title 37 - Pollutant Discharge

Section 1. Short Title, Findings, and Purpose

1.1 Short Title

1.2 Findings

1.3 Purpose

1.4 Scope

Section 2. Definitions

Section 3. Establishment of Duties, Functions, and Authorities

3.1 Tribal Planning Department

3.2 Riparian Review Committee

3.3 Department of Public Safety and Emergency Services

3.4 Tribal Court

Section 4. Permitting

4.1 Permits Required

4.2

Categorical Exclusions

Section 5. Wellhead Protection

5.1 Establishment and Delineation of Wellhead Protection Areas

5.2 Wellhead Protection Boundary Disputes

5.3 Use Regulation

5.3.1 Permitted Uses

5.3.2 Uses and Activities Requiring a Wellhead Protection Area Use Permit

5.4 Procedures for Issuance of Wellhead Protection Area Use Permits

Section 6. Surface Water Quality Standards

6.1 Designated Uses

6.1.1 Use Classification Key

6.2 General Water Quality Criteria

6.3 Water Quality Criteria for Toxic Pollutants

6.4 Aquatic Life Criteria

6.5 Biological Criteria

6.6 Wildlife Criteria

6.7 Wetlands Criteria

Section 7. Notice of Discharges

7.1 Notice of Discharge

Section 8. Appeals

8.1 Administrative Review

8.2 Judicial Review

Section 9. Severability

9.1 Severability

Section 10. Sovereign Immunity Preserved

10.1 Sovereignty

Title 38 - Firearms

Title 39 - Construction Tax

Section 1. Title

Section 2. Tax Commission

Section 3. Construction Tax

Section 4. Collection

Section 5. Revenue Allocation

Section 6. Floor

Section 7. Records

Section 8. Reporting

Section 9. Standard Forms

Section 10. Natural Person-Local Address

Section 11. Failure to File

Section 12. Failure to Pay

Section 13. Liens

Section 14. Tax Disputes

Section 15. Effective Date

Section 16. Not Affecting Tribe

Section 17. Policies and Rules

Section 18. Transmission to Secretary of Interior

Title 40 - Per Capita

Section 1. Purpose

Section 2. Definitions

Section 3. Eligibility

Section 4. Distribution

Section 5. Amount of Payments

Section 6. Fiscal Controls

Section 7. Tax and Resources Exemption

Section 8. Appeals

Section 9. Effective Date, Amendment

Title 41 - Youth Curfew

Section 1. Short Title, Findings, and Purpose

41.1.1 Short Title

41.1.2 Findings

41.1.3 Purpose

41.1.4 Scope

41.1.5 Effective Date

Section 2. Definitions

Section 3. Regulations

41.3.1 Prohibition

41.3.2 Exemptions

41.3.3 Enforcement Procedure

41.3.4 Penalties

41.3.5 Records

Title 42 - Oversight Restructuring

42.1 Purpose

42.2 Definitions

42.3 Administration by Chairman

42.4 Previously Revoked Positions

42.5 Chairman's Report

42.6 Effective Date

42.7 Establishment of Boards, Committees or Commissions

42.8 Ratification of Boards, Committees or Commissions

42.8.1 No Property Interest in Appointment

42.8.2 Application of Personnel Policies and Procedures

42.9 Charters

42.10 Ratification of Charters

42.11 Sovereign Immunity

Title 43 - Trespass Loitering

Title 44 - Traffic Code

Chapter 1. Title

Section 100. Title

Chapter 2. Findings, Purposes and Construction

Section 200. Findings

Section 201. Purposes

Section 202. Construction

Chapter 3. Definitions

Chapter 4. General Application

Section 400 . Jurisdiction

Section 401. Application of Traffic Laws

Section 402. Enforcement

Section 403. Cooperative Agreements

Section 404. Opportunity to be Heard

Section 405. Forum

Section 406. Authority of Hoopa Valley Tribal Court and Hearing Officers

Section 407. Traffic Violation Fund

Chapter 5. Accidents

Section 500. Liability for Negligent or Wrongful Operation of Vehicle

Section 501. Runaway Vehicles

Section 502. Accidents Resulting Only in Injury to Property

Section 503. Accidents Resulting in Death or Personal Injuries

Section 504. Written Reports of Accidents

Section 505. When Driver Physically Unable to Report

Section 506. Accident Reports Confidential; Exceptions

Chapter 6.

Civil Infractions

Subchapter 1. General Application

Section 600. Violations

Section 601. Civil Penalties

Section 602. Seizure of Security

Subchapter 2. Driver's License and License Plates

Section 620. Possession of Valid License to Drive Required

Section 621. Valid State or Tribal License Plates Required

Subchapter 3. Vehicle Equipment and Safety

Section 640. Equipment and Safety

641. Lighting Equipment, brakes, tires, size, weight and load

642. Mufflers

643. Windshields and Car Windows

644. Mirrors

645. Horns and Warning Devices

646. Stopped Vehicles Not to Impede Traffic or Jeopardize the Safety of Other Motorists

647. Emergency Signals; Stopped or Parked Vehicles

648. Safety Belts

649. Child Safety Restraints

650. Unattended Child in Motor Vehicle

651. Motorcycles

Subchapter 4. Traffic Signs, Signals, and Markings

Section 660. Obedience to Traffic Signs, Signals, and Markings

Section 661. Legend for Traffic Signs, Signals, and Markings

Section 662. Display of Unauthorized Signs, Signals, or Markings

Subchapter 5. Speed Laws

Section 680. Speed Regulation

Section 681. Classification of Speeding Violations

Subchapter 6. Right-of-Way

Section 700. Vehicle Approaching or Entering Intersections

Section 701. Vehicle Turning Left of Completing a U-Turn

Section 702. Vehicles Entering Stop or Yield Intersection or Approaching Designated Crossing

Section 703. Vehicle Entering Roadway from Alley, Private Road, or Driveway

Section 704. Duty Upon Approach of Authorized Emergency Vehicle

Subchapter 7. Driving, Overtaking, and Passing

Section 720. Driving on the Right

Section 721. Driving on Roadways Laned for Traffic

Section 722. Overtaking and Passing

Section 723. Following too Closely

Section 724. Additional Driving Rules

Subchapter 8. Turning and Turning Signals

Section 740. Required Position and Method of Turning at Intersections

Section 741. Safety and Required Signals

Subchapter 9. Stopping, Standing, or Parking

Section 760. Stopping, Standing, or Parking on the roadway

Section 761. Stopping, Standing, or Parking in Specified Places

Section 762. Officers May Remove Illegally Stopped Vehicles

Section 763. Position of Parked Vehicle

Section 764. Parking Privileges for Physically Disabled

Subchapter 10. Pedestrian's Rights and Duties

Section 780. Pedestrians Subject to Traffic Regulations

Section 781. Pedestrian's right-of-way in Crosswalks

Section 782. Crossing not at a Crosswalk

Title 45 - Wage Garnishment

Section 1. Purpose

Section 2. Definitions

Section 3. Applicability

Section 4. Recognition and Enforcement

Section 5. Original Actions in the Hoopa Valley Tribal Court

Section 6. Enforcement of Foreign court Orders, Judgments or Decrees

Section 7. Personal Jurisdiction

Section 8. Notice and Opportunity to be Heard

Section 9. Garnishment of Wages for Satisfaction of Judgment

Section 10. Administrative Processing Fee

Section 11. Child Support Orders

Section 12. Saving Clause

Section 13. Stay in Case of Appeal

Section 14. Effective Date, Amendment

Section 15. Severability

Section 16. Sovereign Immunity Not Waived

Title 46 - Workers Comp

Section 1. Purpose

Section 2. Scope

Section 3. Definitions

Section 4. Policy

Section 5. Disputed Claims Adjudication

A. Determination

B. Request for Hearing

C. Status Conference

D. Selection of Arbitrator

E. Burden of Proof

F. Witnesses

G. Documents

H. Motions

I. Continuances

J. Arbitrator

K. Parties and Representatives

L. Reporting

M. Evidence

N. Audience

O. Order of Proof

P. Decision

Q. Appellate Review

R.

Law to Apply

S. Notice to State

T. Approval of Settlement

U. Effect of Filing an Action

V. Attorney's Fees

W. Contingency Fee Limit

X. Subrogation

Y. Third Party Credit/Collateral Source Deduction

Z. Independent Medical Examination

Section 6. Acts Outside Course or Scope of Employment

Section 7. Refusal of Employee to Submit to Treatment

Section 8. Income Benefits for Temporary or no Increased Compensation Total Disability

A. Temporary Disability

B. Permanent Disability

C. Permanent Total disability

Section 9. Fatality Income Benefits

Section 10. Environmental Tobacco

Section 11. Stress Claims

Section 12. Chiropractic Treatment

Section 13. Effective Date, Amendment

Section 14. Severability

Section 15. Sovereign Immunity

Title 47 - Sex Offender Reg

Section 1. Short Title

Section 2. Scope

Section 3. Purpose

Section 4. Registration of Sex Offenders

Section 5. Content of Registration

Section 6. Penalties for Failure to Register

Section 7. Restrictions on Inspection of Certain Information

Section 8. Temporary Release of Confined Person

Section 9. Mentally Disordered Sex Offender

Section 10. Release of Information

Section 11. Exclusion of Non-Member Sex Offenders

Section 12. Record of Dissemination of Information

Section 13. Immunity of Law Enforcement Agency and Employees

Section 14. Civil Penalties for Misuse of Information

Section 15. Application of Registration and Public Notification Provisions

Section 16. Effective Date, Amendment

Section 17. Severability

Section 18. Sovereign Immunity

Title 48 - Land Commission

Article 1. Local Planning

Article 2. Authority for and Scope of General Plans

Article 3. Preparation, Adoption, and Amendment of the General Plan

Article 4. Administration of General Plan

Article 5. Open-Space Lands

Article 6. Housing Elements

Title 49 - Solid Waste

49.1 Purpose

49.2 Scope

49.3 Definitions

49.4 Responsibility for Storage and Disposal of Solid Waste

49.5 Unlawful Storage and Disposal of Solid Waste

49.6 Recovery of Disposal Costs

49.7 Enforcement and Judicial Review

49.8

Permit and Fee Schedule

49.9 Severability

49.10 Sovereign Immunity Preserved

Title 50 - Business Policy

50.101

Short Title

50.102 Definitions

50.103 Purpose

50.104 Tribal and Private Sector Business Policy

50.105 Employment in Lieu of Tax Policy

50.106

Private Business Non-Interference Policy

50.107 Use of Tribal Lands and Resources to Promote Business

50.108 Not a Waiver of Authority or Jurisdiction

50.109 Local Purchasing Policy

50.110 Department of Commerce Business Tax

50.111 Severability

Title 51 - Tribal Corps

51.101 Short Title

51.102. Scope

51.103 Purpose and Construction

51.104 Definitions

51.105 Tribal Department of Commerce

51.106 Status of Corporations

51.107 Reporting Requirements

51.108 Jurisdiction of Tribal Court

51.109 Registered Agent

51.110 Liability of Shareholders or Members

51.111 Corporate Name

51.112 Fees

51.113 Savings Clause

Title 52 - Tribal Entities

PART I. General Provisions

52.101 Scope

52.102 Purpose and Construction

52.103 Definitions

52.104 Status of a Tribal Entity

52.105 Preexisting Tribal Entities

52.106 Sovereign Immunity and Waiver

52.107 Assets of a Tribal Entity

PART II. Creation and Regulation of a Tribal Entity

52.108 Tribal Entity Charter

52.109 Dual-Purpose Governmental/Business Entities/Election to Have No Governing Body

52.110 Delegation of Essential Governmental Functions of Tribal Entities

52.111 Liability of Members of Governing Body of Tribal Entities

52.112 Disposition of Assets

52.113 Amendment of Tribal Entity Charter

PART III. Facilitation of Business Opportunities

52.114 Authority to Enter Into Partnerships

52.115 Multiple-year and Long Term Leases and Permits for Tribal Entities

PART IV. Severability

52.116 Severability

Title 53 - Approve Business Corps

Part I. Formation of Corporations

53.101 Scope of Title

53.102 General Powers of Business Corporations

53.103 Defense of Ultra Vires

53.104 Articles of Incorporation

53.105 Filing of Articles of Incorporation

53.106 Effect of Filing the Articles of Incorporation - Certificate of Incorporation

53.107 Organization Meeting of Directors

Part II. Shares, Shareholders and Distributions

53.108 Authorized Shares

53.109 Certificates Representing Shares

53.110 Subscription for Shares

53.111 Determination of Price -- Payment for Shares

53.112 Expenses of Organization, Reorganization and Financing

53.113 Stockholder's Liability -- Consideration for Shares

53.114 Stated Capital; Determination of Amount

53.115 Payment of Deficits Out of Capital Surplus or Earned Surplus

53.116 Insolvent Corporation Prohibited from Purchasing Own Shares

53.117 Shares Transfer Restrictions

53.118 Offer to Sell Shares

53.119 Notice of Transfer Restrictions on Issued Shares

53.120 Transfer of Shares in Breach of Transfer Restrictions

53.121 Sale of Assets

53.122 Election Not to Have a Board of Directors

53.123 Agreements Among Shareholders

53.124 Shareholders' Right to Inspect Records

53.125 Annual Meeting

53.126

53.127 Notice of Shareholders, Meeting

53.128 Shareholder Sale Option at Death

53.129 Actions by Stateholders of Close Corporations

53.130 Limited Liability

Part III. Directors and Officers

53.131 Duties of Board of Directors

53.132 Qualifications of Directors

53.133 Terms of Directors

53.134 Removal of Directors by Shareholders

53.135 Removal of Directors by Judicial Proceeding

53.136 Meetings

53.137 Action without Meeting

53.138Notice of Meeting

53.139 Waiver of Notice

53.140 Quorum and Voting

53.141 General Standards for Directors

53.142 Director Conflict of Interest

53.143 Liability for Unlawful Distributions

53.144 Officers

53.145 Standards of Conduct for Officers

53.146 Resignation and Removal of Officers

53.147 Indemnification of Corporate Agents

53.148 Mandatory Indemnification

53.149 Insurance

Part IV. Amendment of Articles of Incorporation

53.150 Resolution of Proposed Amendment

53.151 Notice of Proposed Amendment

53.152 Vote of Shareholders Meeting

53.153 Classes of Shares Entitled to Vote

53.154 Articles of Amendment

Part V. Dissolution

53.155 Dissolution by Board of Directors and Shareholders

53.156 Shareholder Option to Dissolve the Corporation

53.157 Articles of Dissolution

53.158 Effect of Dissolution

53.159 Known Claims Against Dissolved Corporation

53.160 Unknown Claims Against Dissolved Corporation

53.161 Grounds for Administrative Dissolution

53.162 Procedure for and Effect of Administrative Dissolution

53.163 Grounds for Judicial Dissolution

53.164 Procedure for Judicial Dissolution

53.165 Decree of Dissolution

53.166 Severability

Title 54 - Non-Profit Corps

Part I. Formation

54.101

Scope of Title

54.102 Definition of Terms Used in this Title

54.103 Purposes and Powers of Non-Profit Corporations

54.104 Limitations

54.105 Limitations on Private Foundations

54.106 Defense of Ultra Vires

54.107 Articles of Incorporation

54.108 Filing of Articles of Incorporation

54.109 Effect of Filing the Articles of Incorporation - Certificate of Incorporation

54.110 Organization Meeting of Directors

Part II. Members

54.111 Admission of Members

54.112 Differences in Rights and Obligations of Members

54.113 Transfers

54.114 Resignation

54.115 Termination

54.116 Purchase of Memberships

54.117 Annual Meeting of Members

54.118 Special Meetings of Members

54.119 Notice of Members' Meetings

54.120 Waiver of Notice

54.121 Action by Written Ballot

54.123 Inspection of Corporate Records

54.124 Limitations on use of Membership Lists

Part III. Directors and Officers

54.125 Duties of Board of Directors

54.126 Qualifications of Directors

54.127 Terms of Directors

54.128 Removal of Elected Directors

54.129 Removal of Designated or Appointed Directors

54.130 Removal of Directors by Judicial Proceeding

54.131 Vacancy on Board

54.132 Meetings

54.133 Action without Meeting

54.134 Notice of Meeting

54.135 Waiver of Notice

54.136 Quorum of Meeting

54.137 General Standards for Directors

54.138 Director Conflict of Interest

54.139 Liability for Unlawful Payments

54.140 Officers

54.141 Standards of Conduct for Officers

54.142 Resignation and Removal of Officers

54.143 Indemnification of Corporate Agents

54.144 Mandatory Indemnification

54.145 Advance for Expenses

54.146 Court-Ordered Indemnification

54.147 Determination and Authorization of Indemnification

54.148 Insurance

Part IV. Amendment of Articles of Incorporation

54.149 Amendments to Bylaws and Articles of Corporations without Members

54.150 Amendments to Bylaws and Articles of Corporations with Members

54.151 Approval by Third Persons

54.152 Articles of Amendment

Part V. Dissolution

54.153 Dissolution of Corporations without Members

54.154 Voting on Dissolution by Directors and Members

54.155 Distribution by Public Benefit Corporations

54.156 Articles of Dissolution

54.157 Effect of Dissolution

54.158 Known Claims against Dissolved Corporation

54.159 Unknown Claims Against Dissolved Corporation

54.160 Grounds for Administrative Dissolution

54.161 Procedure for and Effect of Administrative Dissolution

54.162 Grounds for Judicial Dissolution

54.163 Procedure for Judicial Dissolution

54.164 Receivership or Custodianship

54.165 Decree of Dissolution

54.166 Deposit with Tribal Treasurer

54.167 Severability

Title 55 - Business Partnership

55.101 Short Title

55.102 Purpose

55.103 Contents of Partnership Agreements

55.104 Standard Partnership Provisions

55.105 Jurisdiction of Tribal Court

55.106 Severability

Title 56 - Business License and Standards Code

CHAPTER 1. BUSINESS LICENSING

Part 1. Legislative Findings and Purpose

56.101 Sovereign Power to Regulate Business, Impose Taxes and License Fees

56.102 Purpose

56.103 Pre-Existing Businesses, Special Purpose Projects, Benefits

56.104 Definitions

56.105 Administration of Title

56.106 Administrative Actions

56.107 Agreements with Federal, State and Local Governments

Part 2. Business Licenses

56.201 Applicability

56.202 Application and Issuance

56.203 Denial of License and Appeal

56.204 Exemptions

56.205 Classes of Licenses

56.206 Conditions of License

Part 3. Sanctions

56.301 Revocation of License; Failure to Obtain License; Show Cause Hearing

56.302 Civil Penalties and Restitution

56.303 Removal and Exclusion of Non-Indians

56.304 Other Remedies

56.305 Appeals

CHAPTER II. BUSINESS STANDARDS

56.401 In-Home Sales

56.402 Food Sanitation

56.403 Non-Consumer Property Damage Protections

56.404 Informal Complaint Procedures

CHAPTER III. SAVINGS CLAUSE

56.501 Savings Clause

Title 56.402 - Supplement - Implementing Food Regulations

Chapter 1. Purpose and Definitions

Part 1-1 Title, Intent, Scope

1-101.10 Title

1-102.10 Intent

1-103.10 Scope

Part 1-2 Definitions

1-201 Applicability and Terms Defined

1-201.10 Statement of Application and Listing of Terms

Chapter 2. Management and Personnel

Part 2-1 Supervision

2-101.11 Responsibility

2-102.11 Knowledge

2-103.11 Duties

Part 2-2 Employee Health

2-201.11 Disease or Medical Condition

2-201.12 Exclusions and Restrictions

2-201.13 Removal of Exclusions and Restrictions

2-201.14 Responsibility of a Food Employee or an Applicant to Report to the Person in Charge

2-201.15 Reporting to the Person in Charge

Part 2-3 Personal Cleanliness

Part 2-301 Hands and Arms

2-301.11 Clean Condition

2-301.12 Cleaning Procedure

2-301.13 Special Handwash Procedures

2-301.14 When to Wash

2-301.15 Where to Wash

2-301.16 Hand Sanitizers

Part 2-302

Fingernails

2-303.11 Maintenance

2-303 Jewelry

2-303.11 Prohibition

2-304 Outer Clothing

2-304.11 Clean Condition

Part 2-4 Hygienic Practices

2-401 Food Contamination Prevention

1-401.11 Eating, Drinking, or Using Tobacco

2-401.12 Discharges from the Eyes, Nose and Mouth

2-402 Hair Restraints

2-402.11 Effectiveness

2-402.12 Handling Prohibition

2-403 Animals

[Withheld]

Chapter 3. Food

Part 3-1 Characteristics

3-101 Condition

3-101.11 Safe, Unadulterated, and Honestly Presented

Part 3-2 Sources, Specifications, and Original Containers and Records

3-201 Sources

3-201.11 Compliance with Food Law

3-201.12 Food in a Hermetically Sealed Container

3-201.13 Fluid Milk and Milk Products

3-201.14 Fish

3-201.15 Mulluscan Shellfish

3-201.16 Wild Mushrooms

3-201.17 Game Animals

3-202 Specifications for Receiving

3-201.11 Temperature

3-202.12 Additives

3-202.13 Shell Eggs

3-202.14 Eggs and Milk Products, Pasteurized

3-202.15 Package Integrity

3-202.16 Ice

3-202.17 Shucked Shellfish, Packaging and Identification

3-202.18 Shellstock Identification

3-202.19 Shellstock, Condition

3-202.110 Juice Treated

3-203 Original Containers and Records

3-203.11 Mulluscan Shellfish, Original Container

3-203.12 Shellstock, Maintaining Identification

Part 3-3 Protection from Contamination after Receiving

3-301 Preventing Contamination

3-301.11 Preventing Contamination from Hands

3-301.12 Preventing Contamination when Tasting

3-302 Preventing Food and Ingredient Contamination

3-302.11 Packaged and Unpackaged Food - Separation, Packaging, and Segregation

3-302.12 Food Storage Containers, Identified with Common Name of Food

3-302.13 Pasturized Eggs, Substitute for Raw Shell Eggs for Certain Recipes

3-302.14 Protection from Unapproved Additives

3-302.15 Washing Fruits and Vegetables

3-303 Preventing Contamination from Ice Used as a Coolant

3-303.11 Ice Used as Exterior Coolant, Prohibited as Ingredient

3-303.12 Storage or Display of Food in Contact with Water or Ice

3-304 Preventing Contamination from Equipment, Utensils, and Linens

3-304.11 Food Contact with Equipment and Utensils

3-304.12 In-Use Utensils, Between-Use Storage

3-304.13 Linens and Napkins, Use Limitation

3-304.14 Wiping Cloths, Use Limitation

3-304.15 Gloves, Use Limitation

3-304.16 Using Clean Tableware for Second Portions and Refills

3-304.17 Refilling Returnables

3-305 Preventing Contamination from the Premises

3-305.11 Food Storage

3-305.12 Food Storage, Prohibited Areas

3-305.13 Vended Potentially Hazardous Food, Original Container

3-305.14 Food Preparation

3-306 Preventing Contamination by Consumers

3-306.11 Food Display

3-306.12 Condiments, Protection

3-306.13 Consumer Self-Service Operations

3-307 Preventing Contamination from Other Sources

3-307.11 Miscellaneous Sources of Contamination

Part 3-4 Destruction of Organisms of Public Health Concern

3-401 Cooking

3-401.11 Raw Animal Foods

3-401.12 Microwave Cooking

3-401.13 Plant Food Cooking for Hot Holding

3-402 Freezing

3-402.11 Parasite Destruction

3-402.12 Records, Creation and Retention

3-403 Reheating

3-403.10 Preparation for Immediate Service

3-403.11 Reheating for Hot Holding

3-404 Other Methods

3-404.11 Treating Juice

Part 3-5 Limitation of Growth of Organisms of Public Health Concern

3-501 Temperature and Time Control

3-501.11 Frozen Food

3-501.12 Potentially Hazardous Food, Slacking

3-501.13 Thawing

3-501.14 Cooling

3-501.15 Cooling Methods

3-501.16 Potentially Hazardous Food, Hot and Cold Holding

3-501.17 Ready-to-Eat, Potentially Hazardous Food, Date Marking

3-501.18 Ready-to-Eat, Potentially Hazardous Food, Disposition

3-501.19 Time as a Public Health Control

3-502 Specialized Processing Methods

3-502.11 Variance Requirement

3-502.12

Reduced Oxygen Packaging, Criteria

Part 3-6 Food Identity, Presentation, and On-Premises Labeling

3-601 Accurate Representation

3-601.11 Standards of Identity

3-601.12 Honestly Presented

3-602 Labeling

3-602.11 Food Labels

3-602.12 Other Forms of Information

3-603 Consumer Advisory

3-603.11 Consumption of Animal Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens

Part 3-7 Contaminated Food

3-701 Disposition

3-701.11 Discarding or Reconditioning Unsafe, Adulterated, or Contaminated Food

Part 3-8 Special Requirements for Highly Susceptible Populations

3-801 Additional Safeguards

3-801.11 Pasturized Foods, Prohibited Reservice, and Prohibited Food

Chapter 4. Equipment, Utensils, and Linens

4-1 Materials for Construction and Repair

4-101 Multiuse

4-101.11 Characteristics

4-101.12 Cast Iron, Use Limitation

4-101.13 Lead in Ceramic, China, and Crystal Utensils, Use Limitations

4-101.14 Copper, Use Limitation

4-101.15 Galvanized Metal, Use Limitation

4-101.16 Sponges, Use Limitation

4-101.17 Lead in Pewter Alloys, Use Limitation

4-101.18 Lead in Solder and Flux, Use Limitation

4-101.19 Wood, Use Limitation

4-101.110 Nonstick Coatings, Use Limitation

4-101.111 Nonfood-Contact Surfaces

4-102 Single-Service and Single-Use

4-102.11 Characteristics

4-2 Design and Construction

4-201 Durability and Strength

4-201.11 Equipment and Utensils

4-201.12 Food Temperature Measuring Devices

4-202 Cleanability

4-202.11 Food-Contact Surfaces

4-202.12 CIP Equipment

4-202.13 "V" Threads, Use Limitation

4-202.14 Hot Oil Filtering Equipment

4-202.15 Can Openers

4-202.16 Nonfood-Contact Surfaces

4-202.17 Kick Plates, Removable

4-202.18 Ventilation Hood Systems, Filters

4-203 Accuracy

4-203.11 Temperature Measuring Devices, Food

4-203.12 Temperature Measuring Devices, Ambient Air and Water

4-203.13 Pressure Measuring Devices, Mechanical Warewashing Equipment

4-204 Functionality

4-204.11 Ventilation Hood Systems, Drip Prevention

4-204.12 Equipment Openings, Closures and Deflectors

4-204.13 Dispensing Equipment, Protection of Equipment and Food

4-204.14 Vending Machine, Vending Stage Closure

4-204.15 Bearings and Gear Boxes, Leakproof

4-204.16 Beverage Tubing, Separation

4-204.17 Ice Units, Separation of Drains

4-204.18 Condenser Unit, Separation

4-204.19 Can Openers on Vending Machines

4-204.110 Molluscan Shellfish Tanks

4-204.111 Vending Machines, Automatic Shutoff

4-204.112 Temperature Measuring Devices

4-204.113 Warewashing Machine, Data Plate Operating Specifications

4.204.114 Warewashing Machines, Internal Baffles

4-204.115 Warewashing Machines, Temperature Measuring Devices

4-204.116 Manual Warewashing equipment, Heaters and Baskets

4-204.117 Warewashing Machines, Automatic Dispensing of Detergents and Sanitizers

4-204.118 Warewashing Machines, Flow Pressure Device

4-204.119 Warewashing Sinks and Drainboards, Self-Draining

4-204.120 Equipment Compartments, Drainage

4-204.121 Vending Machines, Liquid Waste Products

4-204.122 Case Lot Handling Equipment, Movability

4-204.123 Vending Machine Doors and Openings

4-205 Acceptability

4-205.10 Food Equipment, Certification and Classification

4-3 Numbers and Capacities

4-301 Equipment

4-301.11 Cooling, Heating, and Holding Capacities

4-301.12 Manual Warewashing, Sink Compartment Requirements

4-301.13 Drainboards

4-301.14 Ventilation Hood Systems, Adequacy

4-301.15 Clothes Washers and Dryers

4-302 Utensils, Temperature Measuring Devices, and Testing Devices

4-302.11 Utensils, Consumer Self-Service

4-302.12 Food Temperature Measuring Devices

4-302.13 Temperature Measuring Devices, Manual Warewashing

4-302.14 Sanitizing Solutions, Testing Devices

4-4 Location and Installation

4-401 Location

4-401.11 Equipment, Clothes Washers and Dryers, and Storage Cabinets, Contamination Prevention

4-402 Installation

4-402.11 Fixed Equipment, Spacing or Sealing

4-402.12 Fixed Equipment, Elevation or Sealing

4-5 Maintenance and Operation

4-501 Equipment

4-501.11 Good Repair and Proper Adjustment

4-501.12 Cutting Surfaces

4-501.13 Microwave Ovens

4-501.14 Warewashing Equipment, Cleaning Frequency

4-501.15 Warewashing Machines, Manufacturers' Operating Instructions

4-501.16 Warewashing Sinks, Use Limitation

4-501.17 Warewashing Equipment, Cleaning Agents

4-501.18 Warewashing Equipment, Clean Solutions

4-501.19 Manual Warewashing Equipment, Wash Solution Temperature

4-501.110 Mechanical Warewashing Equipment, Wash Solution Temperature

4-501.111 Manual Warewashing Equipment, Hot Water Sanitization Temperatures

4-501.112 Mechanical Warewashing Equipment, Hot Water Sanitization Temperatures

4-501.113 Mechanical Warewashing Equipment, Sanitization Pressure

4-501.114 Manual and Mechanical Warewashing Equipment, Chemical Sanitization - Temperature, pH, Concentration, and Hardness

4-501.115 Manual Warewashing Equipment, Chemical Sanitization Using Detergent-Sanitizers

4-501.116 Warewashing Equipment, Determining Chemical Sanitizer Concentration

4-502 Utensils and Temperature and Pressure Measuring Devices

4-502.11 Good Repair and Calibration

4-502.12 Single-Service and Single-Use Articles, Required Use

4-502.13 Single-Service and Single-Use Articles, Use Limitation

4-502.14 Shells, Use Limitation

4-6 Cleaning of Equipment and Utensils

4-601 Objective

4-601.11 Equipment, Food-Contact Surfaces, Nonfood-Contact Surfaces, and Utensils

4-602 Frequency

4-602.11 Equipment Food-Contact Surfaces and Utensils

4-602.12 Cooking and Baking Equipment

4-602.13 Nonfood-Contact Surfaces

4-603 Methods

4-603.11 Dry Cleaning

4-603.12 Precleaning

4-603.13 Loading of Soiled Items, Warewashing Machines

4-603.14 Wet Cleaning

4-603.15 Washing, Procedures for Alternative Manual Warewashing Equipment

4-603.16 Rinsing Procedures

4-603.17 Returnables, Cleaning for Refilling

4-7 Sanitation of Equipment and Utensils

4-701 Objective

4-701.10 Food-Contact Surfaces and Utensils

4-702 Frequency

4-702.11 Before Use and Cleaning

4-703 Methods

4-703.11 Hot Water and Chemical

4-8 Laundering

4-801 Objective

4-801.11 Clean Linens

4-802 Frequency

4-802.11 Specifications

4-803 Methods

4-803.11 Storage of Soiled Linens

4-803.12 Mechanical Washing

4-803.13 Use of Laundry Facilities

4-9 Protection of Clean Items

4-901 Drying

4-901.11 Equipment and Utensils, Air-Drying Required

4-901.12 Wiping Cloths, Air-Drying Locations

4-902 Lubricating and Reassembling

4-902.11 Food-Contact Surfaces

4-902.12 Equipment

4-903 Storing

4-903.11 Equipment, Utensils, Linens and Single-Service and Single-Use Articles

4-903.12 Prohibitions

4-904 Handling

4-904.11 Kitchenware and Tableware

4-904.12 Soiled and Clean Tableware

4-904.13 Present Tableware

Chapter 5. Water, Plumbing, and Waste

5-1 Water

5-101 Source

5-101.11 Approved System

5-101.12 System Flushing and Disinfection

5-101.13 Bottled Drinking Water

5-102 Quality

5-102.11 Standards

5-102.12 Nondrinking Water

5-102.13 Sampling

5-102.14 Sample Report

5-103 Quantity and Availability

5-103.11 Capacity

5-103.12 Pressure

5-104 Distribution, Delivery, and Retention

5-104.11 System

5-104.12 Alternative Water Supply

5-2 Plumbing System

5-201 Materials

5-201.11 Approved

5-202 Design, Construction, and Installation

5-202.11 Approved System and Cleanable Fixtures

5-202.12 Handwashing Facility, Installation

5-202.13 Backflow Prevention, Air Gap

5-202.14 Backflow Prevention Device, Design Standard

5-202.15 Conditioning Device, Design

5-203 Numbers and Capacities

5-203.11 Handwashing Facilities

5-203.12 Toilets and Urinals

5-203.13 Service Sink

5-203.14 Backflow Prevention Device, When Required

5-203.15 Backflow Prevention Device, Carbonator

5-204 Location and Placement

5-204.11 Handwashing Facilities

5-204.12 Backflow Prevention Device, Location

5-204.13 Conditioning Device, Location

5-205 Operation and Maintenance

5-205.11 Using a Handwashing Facility

5-205.12 Prohibiting a Cross Connection

5-205.13 Scheduling Inspection and Service for a Water System Device

5-205.14 Water Reservoir of Fogging Devices, Cleaning

5-205.15 System Maintained in Good Repair

5-3 Mobile Water Tank and Mobile Food Establishment Water Tank

5-301 Materials

5-301.11 Approved

5-302 Design and Construction

5-302.11 Enclosed System, Sloped to Drain

5-302.12 Inspection and Cleaning Port, Protected and Secured

5-302.13 "V" Type Threads, Use Limitation

5-302.14 Tank Vent, Protected

5-302.15 Inlet and Outlet, Sloped to Drain

5-302.16 Hose, Construction and Identification

5-303 Numbers and Capacities

5-303.11 Filter, Compressed Air

5-303.12 Protective Cover or Device

5-303.13 Mobile Food Establishment Tank Inlet

5-304 Operation and Maintenance

5-304.11 System Flushing and Disinfection

5-304.12 Using a Pump and Hoses, Backflow Prevention

5-304.13 Protecting Inlet, Outlet, and Hose Fitting

5-304.14 Tank, Pump, Hoses, Dedication

5-4 Sewage, Other Liquid Waste, and Rainwater

5-401 Mobile Holding Tank

5-401.11 Capacity and Drainage

5-402 Retention, Drainage, and Delivery

5-402.10 Establishment Drainage System

5-402.11 Backflow Prevention

5-402.12 Grease Trap

5-402.13 Conveying Sewage

5-402.14 Removing Mobile Food Establishment Wastes

5-402.15 Flushing a Waste Retention Tank

5-403 Disposal Facility

5-403.11 Approved Sewage Disposal System

5-403.12 Other Liquid Wastes and Rainwater

5-5 Refuse, Recyclables, and Returnables

5-501 Facilities on the Premises

5-501.10 Indoor Storage Area

5-501.11 Outdoor Storage Surface

5-501.12 Outdoor Enclosure

5-501.13 Receptacles

5-501.14 Receptacles in Vending Machines

5-501.15 Outside Receptacles

5-501.16 Storage Areas, Rooms, and Receptacles, Capacity and Availability

5-501.18 Cleaning Implements and Supplies

5-501.19 Storage Areas, Redeeming Machines, Receptacles and Waste Handling Units, Location

5-501.110 Storing Refuse, Recyclables and Returnables

5-501.111 Areas, Enclosures, and Receptacles, Good Repair

5-501.112 Outside Storage Prohibitions

5-501.113 Covering Receptacles

5-501.114 Using Drain Plugs

5-501.115 Maintaining Refuse Areas and Enclosures

5-501.116 Cleaning Receptacles

5-500 Removal

5-502.11 Frequency

5-502.12 Receptacles or Vehicles

5-503 Facilities for Disposal and Recycling

5-503.11 Community or Individual Facility

Chapter 6. Physical Facilities

Chapter 7. Poisonous or Toxic Materials

Chapter 8. Compliance and Enforcement

Appendix No. 1 - HACCP Guidelines

Title 57 - Commercial Transactions

Part 1. Short Title, Construction, Application and Subject Matter of the Act

57.1.101 Short title

57.1.102 Scope

57.1.103 Purposes; Rules of Construction

57.1.104 Supplementary General Principles of Law

57.1.105 Construction Against Implicit Repeal

57.1.106 Territorial Application of the Title

57.1.107 Remedies to be Liberally Administered

57.1.108 Waiver or Renunciation of Claim or Right after Breach

57.1.109 Severability

57.1.110 Special Limitation on Application of Code

57.1.111 Administration of the Commercial Transactions; Regulations

Part 2. Definitions and Principles of Interpretation

57.1.201 General Definitions

57.1.202 Prima Facie Evidence by Third Party Documents

57.1.203 Obligation of Good Faith

57.1.204 Notice

57.1.205 Course of Dealing and Usage of Trade

57.1.206 Performance or Acceptance Under Reservation of Rights

57.1.207 Option to Accelerate at Will

57.1.208 Subordinated Obligations

57.1.209 Statute of Frauds for Kinds of Personal Property Not Otherwise Covered

SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER

Part 1. General Provisions

57.2.101 Short Title

57.2.102 Control over Investment Property

57.2.103 Sufficiency of Description

57.2.104 Policy and Scope of Part

57.2.105 Transactions Excluded from Part

57.2.106 Applicability of Other Statutes

Part 2. Validity of Security Agreement, Attachment of Security Interest, and Rights of Parties to Security Agreement

57.2.201 General Validity of Security Agreement

57.2.202 Title to Collateral Immaterial

57.2.203 Attachment and Enforce-ability of Security Interest; Proceeds; Support Obligations; Formal Requisites

57.2.204 After-Acquired Property; Future Advances

57.2.205 Use or Disposition of Collateral Without Accounting Permissible

57.2.206 Security Interest Arising in Purchase or Delivery of Financial Asset

57.2.207 Rights and Duties When Collateral is in Secured Party's Possession

57.2.208 Request for Accounting, List of Collateral or Statement of Account

Part 3. Perfection of Security Interests

57.2.301 Perfection and Priority of Certain Possessory and Non-possessory Security Interests

57.2.302 Perfection and Priority of Agricultural Liens

57.2.303 Perfection and Priority of Security Interest in Goods Covered by a Certificate of Title

57.2.304 Perfection and Priority of Security Interest in Deposit Accounts

57.2.305 Perfection and Priority of Security Interest in Investment Property

57.2.306 Perfection and Priority of Security Interest in Minerals

57.2.307 Location of Debtor

57.2.308 When Security Interest or Agricultural Lien is Perfected; Continuity of Perfection

57.2.309 When Filing is Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions of this Part do not Apply

57.2.310 Perfection of Security Interest in Instruments, Documents, and Goods Covered by Documents; Perfection by Permissive Filing; Temporary Perfection Without Filing or Transfer of Possession

57.2.311 When Possession by Secured Party Perfects Security Interests Without Filing

57.2.312 Perfection by Control

57.2.313 Proceeds; Secured Party's Rights on Disposition of Collateral; Secured Party's Rights in Proceeds

57.2.314 Perfection of Security Interest or Agricultural Lien Following Change in Applicable Law

57.2.315 Interests that Take Priority Over and Take Free of Unperfected Security Interests or Agricultural Lien

57.2.316 Rights and Title of Cosignee and Seller of Account or Chattel Paper with Respect to Creditors and Purchasers

57.2.317 Protection of Buyers of Goods

57.2.318 Lessees of Goods in Ordinary Course of Business

57.2.319 Priorities Among Conflicting Security Interests and Agricultural Liens in the Same Collateral

57.2.320 Future Advances

57.2.321 Priority of Production Money Security Interests and Agricultural Liens

57.2.322 Priority of Purchase Money Security Interests

57.2.323 Priority of Security Interests in Transferred Collateral

57.2.324 Priority of Security Interests in Investment Property

57.2.325 Priority of Security Interests in Investment Property

57.2.326 Priority of Security Interests in Deposit Accounts

57.2.327 Priority of Security Interests in Letters of Credit

57.2.328 Purchase of Chattel Paper and Instruments

57.2.329 Rights of Purchasers of Instruments, Documents and Securities Under Other Law

57.2.330 Transfer of Money; Transfer of Funds from Deposit Account

57.2.331 Priority of Certain Liens Arising by Operation of Law

57.2.332 Priority of Security Interests in Fixtures

57.2.333 Accessions

57.2.334 Priority When Goods are Commingled or Processed

57.2.335 Priority of Security Interest in Goods Covered by a Certificate of Title

57.2.336 Priority of Security Interests Perfected by Effective Financing Statement Containing Incorrect Information

57.2.337 Priority Subject to Subordination

57.2.338 Depositary Institution's Right to Dispose of Funds in Deposit Account

Part 4. Rights of Third Parties

57.2.401 Alien-ability of Debtor's Rights; Judicial Process

57.2.402 Secured Party Not Obligated on Contract of Debtor

57.2.403 Agreement Not to Assert Defenses Against Assignee; Modification of Sales Warranties where Security Agreement

57.2.404 Rights Acquired by Assignee; Defenses Against Assignee; Modification of Contract; Discharge of Account Debtor; Notification of Assignment; Identification and Proof of Assignment; Term Prohibiting Assignment Ineffective

57.2.405 Restrictions on Assignment of Certain General Intangibles Ineffective

Part 5. Filing

Sub-Part 1. Place of Filing, Contents and Effectiveness of Financing Statement

57.2.501 Place of Filing

57.2.502 Contents of Financing Statement; Mortgage as Financing Statement; Time of Financing Statement

57.2.503 Name of Debtor and Secured Party

57.2.504 Indication of Collateral

57.2.505 Filing and Compliance with Other Statutes and Treaties for Consignments, Leases, Bailments, and Other Transactions

57.2.506 Effect of Minor Errors

57.2.507 Effect of Certain Changes on Effectiveness of Financing Statement

57.2.508 Authorization of Financing Statement; Liability for Unauthorized Filing

57.2.509 Amendment of Financing Statement

57.2.510 Effectiveness of Financing Statement if New Debtor Becomes Bound by Security Agreement

57.2.511 Termination Statement

57.2.512 Assignment of Rights Under Financing Statement

57.2.513 Multiple Secured Parties of Record

57.2.514 Successor of Secured Party

57.2.515 What Constitutes Filing a Record; Effectiveness of Filing

57.2.516 Duration and Effectiveness of Financing Statement; Effect of Lapsed Financing Statement

57.2.517 Contents of Continuation Statement

57.2.518 Effect of Indexing Errors

57.2.519 Claim Concerning Inaccurate or Wrongfully Filed Record; Failure to Send or File Termination Statement

Sub-Part 2. Duties and Operation of Filing Office

57.2.520 Numbering, Maintaining, and Indexing Records

57.2.521 Acceptance and Refusal to Accept Record

57.2.522 Lapsed Financing Statements

57.2.523 Information from Filing Office

57.2.524 Assignment of Functions to Third Party

57.2.525 Fees

57.2.526 Administrative Rules

Part 6. Default

57.2.601 Default and Enforcement of Security Interest

57.2.602 Waiver and Variance of Rights and Duties

57.2.603 Agreement on Standards Concerning

57.2.604 Procedure if Security Agreement Covers Real Property of Fixtures

57.2.605 Time of Default for Agricultural Lien

57.2.606 Collection Rights of Secured Party

57.2.607 Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus

57.2.608 Secured Party's Right to Take Possession After Default

57.2.609 Disposition of Collateral After Default

57.2.610 Person's Entitled to Notification Before Disposition of Collateral

57.2.611 Timeliness of Notification Before Disposition of Collateral

57.2.612 Contents and Form of Notification Prior to Disposition of Collateral

57.2.613 Application of Proceeds of Disposition; Liability for Deficiency and Rights to Surplus

57.2.614 Rights of Transferee of Collateral

57.2.615 Rights and Duties of Certain Persons Liable to Secured Party

57.2.616 Transfer of Record or Legal Title

57.2.617 Acceptance of Collateral in Full or Partial Satisfaction of Obligation; Compulsory Disposition of Collateral

57.2.618 Notification of Proposal to Accept Collateral

57.2.619 Effect of Acceptance of Collateral

57.2.620 Rights to Redeem Collateral

57.2.621 Reinstatement of Obligation Secured Without Acceleration

57.2.622 Waiver of Agreement by Debtor or Consumer

57.2.623 Remedies for Secured Party's Failure to Comply with this Part

57.2.624 Action in Which Deficiency or Surplus is at Issue

57.2.625 Determination of Whether Conduct was Commercially Unreasonable

57.2.626 Nonliability of Secured Party in Certain Circumstances; Liability of Secondary Obligor

57.2.627 Attorney's Fees in Consumer Secured Transactions

Part 7. Judicial Procedure

57.2.701 One Action to Foreclose Security Interest

57.2.702 Action to Foreclose Interest in Personal Property

57.2.703 Right of Attachment

57.2.704 Conduct of Sale

57.2.705 Return on Sale

Title 58 - Fed Surplus

[Withheld]

Title 59 - Small Bus Incentive

59.101 Short Title

59.102 Purpose

59.103 Establishment of the Tribal Small Business Incentive Program, Limitations of Obligation

59.104 Amount of Tribal Contribution from Program

59.105 Administration of the Tribal Small Business Incentive Fund

59.106 Participation in the Tribal Small Business Incentive Fund Program

59.107 Tribal Small Business Incentive Fund Eligibility Requirements

59.108 Tribal Small Business Incentive Fund Repayment Contract

59.109 Enforcement

59.110 Savings Clause

Title 60 - Misc Bus Provisions

60.101 Short Title

60.102

Purpose

60.103 Commercial Land Leases

60.104 Commercial Agricultural Leases

60.105 Multi-Year and Long-Term Resource Use Permits

60.106 Per Capita Ordinance Exemption for Tribal Employment Rights Tax Exemption for Employment and Related Training Funds

60.107 Per Capita Ordinance Exemption for Tribal EDA Revolving Loan Fund

60.108 Tribal Construction Tax Ordinance Exemption

60.109 Business Development Reserved Lands

60.108(2) Pan-Handling and Loitering Prohibited

60.109(2) Educational Organizations

60.110 Educational and Recreational Organizations - Drug and Alcohol Free Requirements

60.111 Savings Clause

Title 61 - Labor Relations

Section

1. Threshold of Applicability

Section 2. Definition of Eligible Employees

Section 3. Non-Interference with Regulatory or Security Activities

Section 4. Eligible Casino Employees Free to Engage in or Refrain from Concerted Activity

Section 5. Unfair Labor Practices for the Tribe

Section 6. Unfair Labor Practices for the Union

Section 7. Tribe and Union Right to Free Speech

Section 8. Access to Eligible Employees

Section 9. Indian Preference Explicitly Permitted

Section 10. Secret Ballot Elections Required

Section 11. Collective Bargaining Impasse

Section 12. Decertification of Bargaining Agent

Section 13. Binding Dispute Resolution Mechanism

Title 62 - Casino Claims

62.1 Short Title

62.2 Scope

62.3 Purpose

62.4 Definitions

62.5 Presentation of Claims as Pre-Requisite for Filing Suit

62.6 Claims Subject to Filing Requirements

62.7 Content of Claim

62.8 Signature of Claimant

62.9 Forms

62.10 Amendment of Claim; Effect of Failure or Refusal to Amend

62.11 Notice of Insufficiency of Claim

62.12 Failure to Give Notice of Insufficiency; Waiver of Defense Based on Defect or Omission

62.13 Time for Presentation of Claims

62.14 Grant or Denial of Claim by Tribal Council

62.15 Notice of Rejection of Claim

62.16 Mailing or Service of Notice

62.17 Re-Examination of Rejected Claim

62.18 Tribal Court Authority

62.19 Exhaustion of Administrative Remedies

62.20 Limitation of Actions

62.21 Statute of Limitation

62.22 Attorneys' Fees and Punitive Damages

62.23 Limitation on Attorneys' Fees

62.24 Award Limited to Policy Limits

62.25 Appeals

62.26 Severability

62.27 Sovereign Immunity

62.28 Effective Date, Amendment

Title 63 - Criminal History

63.1 Short Title

63.2 Purpose

63.3 Scope

63.4 Definitions

63.5 Application of California Penal Code 11140

63.6 Violation of Ordinance

63.7 Tribal Court Authority

63.8 Criminal Prosecution

63.9 Effective Date, Amendment

63.10 Severability

63.11 Sovereign Immunity

Title 64 - Off Res Envirol Impact

64.1 Short Title

64.2 Scope

64.3 Purpose

64.4 Definitions

64.5 Notice to Public

64.6 Determining Significant Environmental Impact

64.7 Preparation of Environmental Impact Report

64.8 Consultation with Board of Supervisors

64.9 Public Hearing

64.10 Progress Update

64.11 Mitigation of Significant Adverse Off-Reservation Impacts

64.12 Review of Ordinance with State

64.13 Tribal Court Jurisdiction

64.13(2) Effective Date, Amendment

64.14 Severability

64.15 Sovereign Immunity

Title 65 - Gaming Facility Standard

65.1 Short Title

65.2 Scope

65.3 Purpose

65.4 Definitions

65.5 Food and Beverage Handling

65.6 Water Quality Standards

65.7 Building & Safety Code Standards

65.8 Workplace and Occupational Health & Safety Standards

65.9 Health & Safety Standards

65.10 Indian Preference

65.11 Check Cashing

65.12 Alcoholic Beverages

65.13 Extension of Credit

65.14 Bank Secrecy Act

65.15 Possession of Firearms

65.16 Severability

65.17 Sovereign Immunity

65.18 Effective Date, Amendment

Title 66 - Prevailing Wage

Section 1. Title

Section 2. Definitions

Section 3. Payment of Prevailing Wages Required

Section 4. Determination of Tribal Prevailing Wage

4.01 Tribe to Conduct age Survey

4.02 Delegation of Authority

Section 5. Employer Requirements

5.01 Payment of Prevailing Wages and Access to Records

5.02 Schedule to be Provided

5.03 Post of Wage Schedules

Section 6. Tribal Court Action and Remedies

6.01 Agreements and Penalties

6.02 Tribal Court Action

6.03 Limitation of Actions

Section 7. Sovereign Immunity

Title 67 - Info Disclosure Act

Section 1. Short Title

Section 2. Purposes

Section 3. Access to Tribal Records

3.1 Application

3.2 Tribal Records and Disclosure

3.3 Exemptions from Disclosure

Section 4. Request Procedures

4.1 Establishment of Record Keeping System

4.2 Addressing Requests for Information

4.3 Availability of Information - Inspection, Copying, and Exceptions

4.4 Charges for Search and Production

Title 68 - Animal Control

I. Purpose and Declaration of Policy

II. Authority

III. Jurisdiction and Application

IV. Liveral Construction

V. Severability

VI. Definitions

VII. Administration and Enforcement

1. Tribal Law Enforcement

2. Delegation of Authority

3. Development of Policies and Regulations

VIII. General Prohibitions

1. General Prohibitions

2. Animals Running at Large

3. Mandatory Leashing

4. Disturbances and Harassment

5. Harassing or Attacks on Livestock and Domestic Animals

6. Animal Killing or Injuring Animals or Livestock

7. Directing Animals

8. Animals in Vehicles

9. Diseased Animals

10. Abandonment

11. Limitation on Number of Animals Allowed

12. Cruelty to Animals

13. Prohibition of keeping wild animals or other animals prohibited under applicable federal law.

IX. Impoundment

1. Small Animal Pound Authorized

2. Animal Control Officer

3. Pound Employees

4. Right of Entry

5. Interference with the Animal Control Officer

6. Impounding Duties

7. Notice of Impoundment

8. Reclaiming Animals

9. Abandonment of Animals

10. Notice of Sale; Sale of Animals

11. Disposition of Unredeemed or Infected Animals

12. Proceeds from Sale

13. Impounding Fees

X. Registration of Dogs, Cats, and Kennels

1. Registration Required, Exceptions

2. Registration Fees

3. Registration Period

4. Vaccination; Certificate

5. License Tags or Implants

6. Registration Records

7. Kennels

XI. Rabies Control

1. Rabid Animals at Large

2. Suspicion of Rabies

3. Quarantine of Animals

4. Disposition of Rabid Animals

5. Transporting of Animals to or from Rabies Areas

XIV. Vicious Dogs

1. Requirement of Physical Restraint

2. Registration, Identification, and Insurance of Vicious Dog

3. Declaration of Vicious Dog

4. Written Notice

5. Violation

6. Enforcement

XV. Citations for Violators of this Ordinance

1. Violations Not Involving Physical Harm to Humans

2. Violations Involving Physical Harm to Humans

3. Repeat Offenders, Prohibition of Owning Animals

4. Administrative Appeal of Citations, Appeal to Tribal Court, No Further Appeals

XVI. Liability of Owners, Private Cause of Action

XVII. Sovereign Immunity

AVIII. Other Applicable Laws

Title 69 - For Profit Land Enterprise Code

69.0 Short Title

69.1 Purposes

69.2 Scope of Title, Incorporator, Only One Enterprise per Parcel

69.3 Land Owner Responsibilities

69.4 Standard of Construction - Asset owner Delegation of Management Responsibilities

69.5 Share Issuance and Exchanges - Authority, Limitations and Values

69.6 Limitation of Relinquishing Shares for Title Interest in Allotments

69.7 Duration and General Powers of a Land Ownership Enterprise

69.8 Defense of Ultra Vires

69.9 Articles of Incorporation

69.10 Filing of Articles of Incorporation

69.11 Effect of Filing the Articles of Incorporation

69.12 Interim Operating Bylaws of the Enterprise

69.13 Organization Meeting of Directors

69.14 Shares, Shareholders and Distributions

69.15 Authorized Shares

69.16 Certificates Representing Shares

69.17 Subscription for Shares

69.18 Determination of Price -- Payment for Shares

69.19 Expenses of Organization, Reorganization and Financing

69.20 Shareholder's Liability -- Consideration for Shares

69.21 Stated Capital; Determination of Amount of Non-Ownership Shares

69.22 Payment of Deficits Out of Capital Surplus or Earned Surplus

69.23 Insolvent Enterprise Prohibited from Purchasing Own Shares

69.24 Offer of Sell Shares

69.25 Notice of Transfer Restrictions on Issued Shares

69.26 Transfer of Shares in Breach of Transfer Restrictions

69.27 Sale of Assets

69.28 Election Not to Have a Board of Directors

69.29 Agreements Among Shareholders

69.30 Shareholders' Right to Inspect Records

69.31 Annual Meeting

69.32 Special Meetings of Shareholders

69.33 Notice of Shareholders Meeting

69.34 Shareholder Distribution Options at Death

69.35 Actions by Shareholders of Close Enterprises

69.36 Limited Liability

Directors and Officers

69.37 Duties of Board of Directors

69.38 Qualifications of Directors

69.39 Terms of Directors

69.40 Removal of Directors by Shareholders

69.41 Removal of Directors by Judicial Proceeding

69.42 Meetings

69.43 Action Without Meeting

69.44 Notice of Meeting

69.45 Waiver of Notice

69.46 Quorum and Voting

69.47 General Standards for Directors

69.48 Director Conflict of Interest

69.49 Liability for Unlawful Distributions

69.50 Officers

69.51 Standards of Conduct for Officers

69.52 Resignation and Removal of Officers

69.53 Indemnification of Corporate Agents

69.54 Mandatory Indemnification

69.55 Insurance

Amendment of Articles of Incorporation

69.56 Resolution of Proposed Amendment

69.57 Notice of Proposed Amendment

69.58 Vote of Shareholders Meeting

69.59 Classes of Shares Encoded to Vote

69.60 Articles of Amendment

Dissolution

69.61 Dissolution By Board of Directors and Shareholders

69.62 Shareholder Option To Dissolve The Enterprise

69.63 Articles of Dissolution

69.64 Effect of Dissolution

69.65 Known Claims Against Dissolved Enterprise

69.66 Unknown Claims Against Dissolved Enterprise

69.67 Grounds For Administrative Dissolution

69.68 Procedure For and Effect of Administrative Dissolution

69.69 Grounds For Judicial Dissolution

69.70 Procedure for Judicial Dissolution

69.71 Decree of Dissolution

69.72 Deposit With Tribal Government

69.73 Severability

Certification

Title 70 - Non-Profit Land Organization Code

70.1 Scope of Title

70.2 Land Owner Responsibilities, Standard of Construction

70.3. Definition of Terms

70.4 Purposes and Powers of Land Organization Non-Profit Corporations

70.5 Limitations

70.6 Incorporator Eligibility/Registered Agent

70.7 Defense of Ultra

70.8 Articles Of Incorporation

70.9 Filing of Articles of Incorporation

70.10 Effect of Filing the Articles of Incorporation -- Certificate of Incorporation

70.11 Organization Meeting of Directors

70.12 Admission of Members

70.13 Differences in Rights and Obligations of Members

70.14 Transfers

70.15 Resignation

70.16 Termination

70.17 Purchase of Members

70.18 Annual Meeting of Members

70.19 Special Meetings of Members

70.20 Notice of Members' Meetings.

70.21 Waiver of Notice

70.22 Action by Written Ballot.

70.23 Voting Rights of Members in General

70.24 Inspection of Corporate Records

70.25 Limitations on use of Membership

Directors and Officers

70.26. Duties of Board of Directors

70.27. Qualifications of Directors

70.28 Terms of Directors

70.29. Removal of Elected Directors

70.30. Removal of Designated or Appointed Directors

70.31. Removal of Directors by Judicial Proceed

70.32. Vacancy on Board.

70.33. Meetings

70.34. Action Without Meeting

70.35. Notice of Meeting

70.36. Waiver of Notice

70.37. Quorum and Voting

70.38. General Standards for Directors

70.39. Director Conflict of Interest

70.40. Liability for Unlawful Activities

70.41. Officers

70.42. Standards of Conduct for Officers

70.43. Resignation and Removal of Officers

70.44. Indemnification of Corporate Agents

70.45. Mandatory Indemnification

70.46. Advance for Expenses

70.47. Court-Ordered Indemnification

70.48. Determination and Authorization of Indemnification

70.49. Insurance

Amendment of Articles of Incorporation

70.50. Amendments to Bylaws and Articles of Corporations Without Members

70.51. Amendments to Bylaws and Articles of Corporations With Members

70.52. Approval by Third Persons

70.53. Articles of Amendment

Dissolution

70.54. Dissolution of Corporations Without Members

70.55. Voting on Dissolution by Directors and Members

70.56. Distributions by Corporations

70.57. Articles of Dissolution

70.58. Effect of Dissolution

70.59 Known Claims Against Dissolved Corporation

70.60 Unknown Claims Against Dissolved Corporation

70.61 Grounds for Administrative Dissolution

70.62. Procedure for and Effect of Administrative Dissolution

70.63. Grounds for Judicial Dissolution

70.64. Procedure for Judicial Dissolution

70.65. Receivership or Custodianship

74.66. Decree of Dissolution

70.67. Deposit With Tribal Treasurer

70.68. Severability

Certification

[Table of Contents created by NILL in February 2017, based on materials available on tribe's website.]