# Mille Lacs Band Statutes Annotated

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aminn_chippewa_mille_lacs%3Ae93ca91d33358f63

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Mille Lacs Band Statutes Annotated
Amendments received through: March 4, 2026
______________________________________________________________________________

TITLE 18 - COMMERCIAL PRACTICES
Chapter
1. General Provisions
2. Licensing of Commercial Entities
3. Regulation of Trade
4. Uniform Commercial Code
5. Tribal Employment Rights - REPEALED
6. Minimum Wage
7. Right to Work

Section
1
101
201
301
501
601

Historical and Statutory Notes
The Preamble of Band Statute 1090-MLC-7 provides: "It is enacted by the Band Assembly of the Mille
Lacs Band of Chippewa Indians a code to license all persons, companies, corporations, associations,
partnerships cooperatives. Utilities and any other public or private commercial entity who engages in the
sale of any goods and/or services with any Band member, mdi an(s) or other person(s) who reside on
lands subject to the jurisdiction of the Mille Lacs Band of Chippewa Indians and with any constituent
Band of the Non-Removable Mille Lacs Band of Chippewa Indians, any political sub-division(s) thereof,
and/or any entity under the jurisdiction of the Mille Lacs Band of Chippewa Indians on lands subject to
the jurisdiction of the Mille Lacs Band of Chippewa Indians and for other related purposes, such as
persons who solicit business or literature upon those persons who reside on lands under the jurisdiction of
the Band and those who peddle merchandise of any type of goods or services upon those persons who
reside on lands under the jurisdiction of the Band."
Band Statute 1090-MLC-7, § 27 provides: "Section 27. Severability. If any provisions of this chapter, or
the application thereof, to any person, business, corporation or state government or any political
subdivision or circumstance is held invalid, the invalidity shall not affect other provisions or applications
of this Chapter which can be given effect without the invalid provisions or application and to this end the
provisions of this Chapter are declared severable."

CHAPTER 1
GENERAL PROVISIONS
1

Section
1. Findings and Determinations.
2. Definitions.
3. Reservation of Right.
4. Rules and Regulations.
5. Jurisdiction of the Court of Central Jurisdiction; Damages.
6. Waiver of Sovereign Immunity.
7. Solicitor General Obligation.
8. Investigations Proceedings.
9. Equality and Consistency in the Exercise of Powers and Duties.
10. Violations.
Historical and Statutory Notes
The title of Ordinance 15-14 is: “An ordinance amending Section 3(a) in Title 6 of the Mille Lacs Band
Statutes Annotated; amending Sections 2, 4, 6 and 10 in Title 18 of the Mille Lacs Band Statutes
Annotated; amending Chapter 5 of Title 18 in the Mille Lacs Band Statutes Annotated; and repealing any
inconsistent Indian Preference language in any other Band law or policy, including any Corporate
Commission policy, in order to create consistency in Band law and policy.”
The preamble of Ordinance 15-14 provides: “It is enacted by the Band Assembly of the Mille Lacs Band
of Ojibwe for the purpose of amending Section 3(a) in Title 6 of the Mille Lacs Band Statutes Annotated;
Sections 2, 4, 6 and 10 in Title in the Mille Lacs Band Statutes Annotated; amending Chapter 5 of Title
18 of the Mille Lacs Band Statutes Annotated (the Band’s Indian Employment Rights Ordinance or
‘TERO’); and repealing any inconsistent Indian Preference language in Band law or policy, including any
Corporate Commission policy, in order to create consistency in Band law and policy.”

§ 1. Findings and Determinations.
(a)

The Band Assembly hereby finds and determines that pursuant to Article VI, Section
1, Sub-section 3, of the Constitution of the Minnesota Chippewa Tribe, that it may
authorize, regulate and license all persons, companies, corporations, associations,
partnerships, cooperatives, utilities, and any other public or private commercial entity
who engages in the sale of any goods and/or services with any constituent Band of the
Non-Removable Mille Lacs Band of Ojibwe.

(b)

The Band Assembly hereby finds and determines that the regulation and licensure of
all persons, companies, corporations, associations, partnerships, cooperatives, utilities
and any other public or private commercial entity who engage in the sale of any
goods and/or services with any constituent Band of the Non-Removable Mille Lacs
Band of Ojibwe is an effective way to regulate commercial activity on lands under the
jurisdiction of the Band and that such regulation is vital to the economic security,
political integrity and general welfare of the members of any constituent Band of the
Non-Removable Mille Lacs Band of Ojibwe.

2

(c)

The Band Assembly hereby finds and determines that members of the Mille Lacs
Band of Ojibwe have entered into grossly unfavorably contracts with other persons,
companies, corporations, associations, partnerships, cooperatives, utilities and any
other public or private commercial entity who engage in the sale of any goods and/or
services under the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe
with said contracts not being clearly understood by said Band members.

(d)

The Band Assembly hereby finds and determines that many members of the Mille
Lacs Band of Ojibwe have been imposed upon by persons who solicit and/or peddle
literature, insurance policies, merchandise of poor quality and other like-type goods
or services and that said persons utilize unprofessional sales tactics in order to coerce
Band members and others to accept said products which Band members under
ordinary circumstances would not accept.

(e)

The Band Assembly hereby finds and determines that through the imposition of a
license regulations governing such transactions upon all persons, companies,
corporations, associations, partnerships, cooperatives, utilities and any other public or
private commercial entity who engage in the sale of any goods and/or services with
Band members and others under the jurisdiction of the Non-Removable Mille Lacs
Band of Ojibwe is an effective way to regulate such 'transactions and to protect basic
civil rights to due process of those persons subject to the jurisdiction of the NonRemovable Mille Lacs Band of Ojibwe, pursuant to 1 MLBS § 1 et seq. and Article
XIII of the Constitution of the Minnesota Chippewa Tribe.

(f)

The Band Assembly hereby finds and determines that any person(s), companies,
corporations, associations, partnerships, cooperatives, utilities and any other public or
private commercial entity who desires to engage in such commercial activity, be
permitted to do so under such rules and regulations as the Band Assembly may enact
or the Chief Executive pursuant to lawful Executive Order may prescribe, so that the
best interest of Band members and others under the jurisdiction of the NonRemovable Mille Lacs Band of Ojibwe shall be protected.

(g)

The Band Assembly hereby finds and determines that pursuant to Article VI, Section
1 , Subsection D and Article XV, Section 1 , 2 and 3 of the Constitution of the
Minnesota Chippewa Tribe requires that any ordinance which imposes a license or
fee upon non-members of the Minnesota Chippewa Tribe-Non-Removable Mille Lacs
Band of Ojibwe shall be subject to review by the Secretary of Interior, and the
regulatory provisions of Chapters 1 to 5 of this Title clearly fall within the provisions
of the aforementioned constitutional declaration.

(h)

The Band Assembly hereby finds and determines that in the best interests of Indian
Self-Determination that the Secretary of Interior shall exercise her or his fiduciary
obligation by reviewing any proposed Band Statute that levies a licensing fee on
nonmembers of the Non-Removable Mille Lacs Band of Ojibwe and making
recommendations to the Band Assembly so that it may become a Band Statute for

3

regulatory and revenue generating purposes and be codified into the laws of the NonRemovable Mille Lacs Band of Ojibwe without undue delay.
(i)

The Band Assembly hereby finds and determines that persons, companies,
corporations, associations, partnerships, cooperatives, utilities and any other public or
private commercial entity who engage in the sale of any goods and/or services of any
material value with any person subject to the jurisdiction, on lands subject to the
jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe or with the NonRemovable Mille Lacs Band of Ojibwe or any entity or any political subdivision
thereof; have conducted such business transactions without regard to the law, policies
or judicial determinations of the Non-Removable Mille Lacs Band of Ojibwe and that
such a condition violates the general welfare, economic security and political integrity
of the Band members and others under the jurisdiction of the Non-Removable Mille
Lacs Band of Ojibwe and that due to this condition , it is necessary to promulgate
rules and regulations which govern the conduct of these transactions on lands under
the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe.
Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 1.

§ 2. Definitions.
As used in Chapters 1 to 4 of this Title, the words, terms, and phrases, defined in this section
have the meanings given them. Unless the language or context of any undefined word, term or
phrase, clearly indicates that a different meaning is intended, the meaning of sub-joined to any
said work, term or phrase shall be subject to definitions found in Minnesota Statutes.
(a)

Association: The act of a number of persons in uniting together for some special
purpose or business.

(b)

Commercial Entity: Any person(s), company(ies), corporation(s), association(s),
partnership(s), cooperative(s), utility(ies) and any other public or private commercial
entity who engage in trading in any goods and/or services of any material value with
any person subject to the jurisdiction on lands, subject to the jurisdiction of the NonRemovable Mille Lacs Band of Ojibwe or with the Non-Removable Mille Lacs Band
of Ojibwe or any entity or any political subdivision thereof.

(c)

Company: Union or association of persons for carrying on a commercial or
industrial enterprise.

(d)

Cooperative: A corporation or association organized for purpose of rendering
economic services, without gain to itself, to shareholders or members who own and
control it.

4

(e)

Corporation: An artificial person or legal entity created by or under the authority of
the laws of the Non-Removable Mille Lacs Band of Ojibwe, any state or nation,
composed in some rare instances of a single person and her or his successors, being
the incumbents of a particular office, but ordinarily consisting of an association of
numerous individuals, including those entities defined in Band Statutes 1077-MLC16, § 26.0126.03.

(f)

Court: The Court of Central Jurisdiction as created pursuant to 5 MLBS § 1 et seq.

(g)

Partnership: A voluntary contract between two (2) or more competent persons to
place their money, effects, labor and skill, or some or all of them, in lawful
commerce or business, with the understanding that there shall be a proportional
sharing of the profits and losses between them.

(h)

Person: A natural person, corporation, company, association, cooperative,
unincorporated association, trust or joint stock association, church, religious sect,
religious denomination, or league and includes any trustee, receiver, assignee, agent
or other similar representative thereof.

(i)

Process: Any statutory notice or demand required or permitted to be served on a
natural person or a corporation and includes a summons in a civil action and any
process which may be issued in any action or proceedings in the Court of Central
Jurisdiction.

(j)

Solicit: The request, directly or indirectly, for any contribution, regardless of which
party initiates communication, on the plea or representation that such contribution
will or may be used for any charitable purpose, and the term shall be all inclusive.

(k)

Solicitation: Asking, enticing, requesting; or to appeal for something.
Historical and Statutory Notes

Source:
Band Statute 1090-MLC-7, § 32.
Band Ordinance 15-14, Title II, § 1.

§ 3. Reservation of Right.
The Band Assembly hereby fully reserves the right to alter, amend or repeal the provisions of
this Title with the required review and approval of the Secretary of Interior. All rights and
privileges granted or extended hereunder, shall be subject to such reserved right, however said
reservation of right shall not be applicable to existing licenses issued prior to any statutory
amendment.
Historical and Statutory Notes

5

Source:
Band Statute 1090-MLC-7, § 26.

§ 4. Rules and Regulations.
The Corporate Commission is authorized to issue all rules and regulations necessary for the
implementation of Chapters 1 to 4 of this Title.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-7, § 3.01.
Band Ordinance 15-14, Title II, § 2.
Cross References
Powers and duties of Corporate Commissioner, see 16 MLBS § 111.

§ 5. Jurisdiction of the Court of Central Jurisdiction; Damages.
(a)

The Court of Central Jurisdiction is hereby conferred exclusive subject matter
jurisdiction to resolve any and all disputes which may arise pursuant to any
provisions of Chapters 1 to 4 of this Title. The provisions of 5 MLBS §113, shall
apply to any non-Indian who initiates any action in the Court of Central Jurisdiction
pursuant to any provision of Chapters 1 to 4 of this Title. All non-Indian persons who
apply for and receive a license to engage in the sale of goods and/or services pursuant
to provisions of Chapters 1 to 4 of this Title shall be deemed to have voluntarily
consented to the civil jurisdiction of the Court of Central Jurisdiction for all civil
causes of action which arise herewith.

(b)

Any cause of action which arises pursuant to any provision of Chapters 1 to 4 of this
Title in which the Non-Removable Mille Lacs Band of Ojibwe or any of its political
entities is named as a defendant shall be limited in relief to declaratory or injunctive
measures and no damages monetary or otherwise, including but not limited to
attorney fees, shall be permitted.
Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 25.
Cross References
Damages, generally, see 24 MLBS § 651 et seq.

Subject matter jurisdiction, Court of Central Jurisdiction, see 5 MLBS §
111.
6

§ 6. Waiver of Sovereign Immunity.
Nothing in this Title shall be construed as a waiver of sovereign immunity of the Mille Lacs
Band of Ojibwe in any state or federal court.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 30.
Band Ordinance 15-14, Title II, § 3.

§ 7. Solicitor General Obligation.
The Solicitor General shall represent the interest of the Non-Removable Mille Lacs Band of
Ojibwe and the Corporate Commission in any matter arising from any provision of Chapters 1
to 4 of this Title before the Court of Central Jurisdiction.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 31.
Cross References
Duties of Solicitor General, see 4 MLBS § 18.

§ 8. Investigations Proceedings.
The Commissioner of Corporate Affairs in her or his discretion may make investigations as he
or she deems necessary to determine whether any person has violated or is about to violate any
provisions of Chapters 1 to 4 of this Title or any Commission Order issued pursuant thereto and
to submit the results of this investigation to the Solicitor General for appropriate court action.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 11.

§ 9. Equality and Consistency in the Exercise of Powers and Duties.
Notwithstanding the provisions of any other Title of the Mille Lacs Band Statutes Annotated,
the Corporate Commission and the Solicitor General may use any information in their
possession, or to which they have access, to insure equal and consistent application and
7

enforcement of the provision of this law which is administered by the Commission. This section
shall not be construed as granting the Corporate Commission or Solicitor General any power to
release information under their direct control to any exterior person, entity or government absent
a due process hearing. All information collected shall be deemed highly classified and
confidential.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-7, § 29.

§ 10. Violations.
Any person who shall fail to comply with the licensing provisions of Chapters 1 to 4 of this Title
or any lawful Commission Order, or order of the Court of Central Jurisdiction shall be deemed
guilty of the offense of obstruction of the lawful process, and upon conviction thereof, shall be
sentenced to a suspension or revocation of the privilege to conduct commercial enterprise on
lands subject to the jurisdiction of the Band for a period not to exceed 180 days or exclusion
from said lands pursuant to provisions of 2 MLBS § 201 et seq.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 24.
Band Ordinance 15-14, Title II, § 4.
Cross References
Licensing of commercial entities, see 18 MLBS § 101 et seq.

CHAPTER 2
LICENSING OF COMMERCIAL ENTITIES
Section
101. Power to License.
102. Application for License.
103. Classes of Licenses.
104. Fees for Issuance of License.
105. License Fee Revenue Distribution.
106. Licenses Issued to Principal of Commercial Entity.
107. License Period.
108. License Renewal.
109. Denial, Suspension, Revocation of License.
8

110. Service of Process.
111. Forfeiture of Goods.
112. Power to Close Unlicensed Stores.

§ 101. Power to License.
The Corporate Commission shall have the sole power and authority to license commercial
entities who sell or offer for sale any goods and/or services to person(s) on lands subject to the
jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe. Any persons(s), company(ies),
corporation(s), association(s), partnership(s), cooperative(s), utility(ies) and any other public or
private commercial entity who desires to sell or offer for sale any goods and/or services of any
material value or to sell or offer for sale the exchange of property, real or personal, as defined in
24 MLBS § 3302, with any Band member or Indian or any person subject to the jurisdiction of
the Mille Lacs Band of Ojibwe; or with the Non-Removable Mille Lacs Band of Ojibwe; or any
political subdivision or entity thereof, shall upon establishing the fact to the satisfaction of the
Corporate Commission that he or she is a proper person or entity to engage in such activity, be
permitted to do so under such rules and regulations as the Corporate Commission may prescribe
through the issuance of lawful Orders of the Commission. Any such Commission Order shall
not be applicable to any commercial entity during the term of any existing license but shall
become effective upon the issuance of a new license or upon renewal of an existing license.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 2.52

§ 102. Application for License.
(a)

Application for licenses must be made in writing on a form prescribed by the
Corporate Commission, setting forth the full name and residence of the applicant; if a
firm, the firm name and the name of each member thereof, the place where it is
proposed to carry on the sale of goods and services; the capital to be invested, the
names of the clerks to be employed; the person responsible for the general books of
account of the firm and the name of one (1) other person exclusive of the owner who
shall both be designated to receive service of process; and the business experience of
the applicant. The application must be forwarded through the Commissioner of
Corporate Affairs. Licensed entities will be held responsible for the conduct of their
employees.

(b)

When an application for a license or permit is filed with the Commissioner of
Corporate Affairs, the application shall be accompanied by a nonrefundable fee of
$10.00. The Corporate Commission shall be 90 days from the date of filing to
approve or deny any application. Notwithstanding, the Commissioner of Corporate
Affairs shall issue a temporary license valid for 90 days upon receipt and filing of
said application.
9

Historical and Statutory Notes
Source:
Band Statute 1090-MLC-7, § 5.

§ 103. Classes of Licenses.
The Non-Removable Mille Lacs Band of Ojibwe hereby designates the following classes of
licenses which shall be available for any commercial entity who desires to engage in the sale of
any goods and/or services on lands subject to the jurisdiction of the Band. The following classes
of licenses shall be made available to any person, company, corporation, association,
partnership, cooperative, utility, or financial institution, be it public or private who seeks to
engage in the sale of such goods or services on lands subject to the jurisdiction of the NonRemovable Mille Lacs Band of Ojibwe. The class of license sought shall be issued according to
the classification of the goods and/or services sold on said lands.
(a)

Retail Sales License. This license is available to a person who sells any goods
and commodities at retail on lands under the jurisdiction of the Band.

(b)

Entertainers License. This license is available to a person who provides
entertainment to the public. For example: a band, theater or dance troupe, etc.

(c)

Professional Services License. This license is available to a person who
provides services in the practice of medicine and surgery, chiropractic, nursing,
optometry, psychology, dentistry, pharmacy, podiatry, veterinary medicine,
architecture, engineering, surveying, landscape architecture, accountancy and
law.

(d)

Utilities License. This license is available to a person providing telephone,
electrical, water, sewer, gas to the public.

(e)

Public Accommodations License. This license is available to a person
providing lodging, prepared foods or beverages, and equipment rental to the
public.

(f)

Hawkers, Peddlers, Transient Merchants License. This license is available to
a person who transacts any temporary and transient business on lands under the
jurisdiction of the Band including selling goods, wares, merchandise and
distributing literature of any type.

(g)

General Service License. This license is available to a person who provides
commercial services to the public, such as refuse disposal, plumbing, auto or
equipment repair, electrical, carpentry, cleaning and maintenance services,
personal care and other like general services.

10

(h)

Special Events License. This license is available to a person who conducts
commercial activity usually on a one-time per annum basis, but not exceeding
three (3) times per annum. Said activity does not occur on a regular or
consistent basis.

(i)

Miscellaneous License. This license is available to a person who sells goods or
services that do not fall into another category in subsections (a) to (h).
Historical and Statutory Notes

Source:
Band Statute 1090-MLC-7, § 6.

§ 104. Fees for Issuance of License.
The following fee schedule based on annual gross sales of the licensed entity is hereby enacted
for various classes of licenses offered in 18 MLBS § 103.
(a)

License fee for Commercial Services License is hereby established at:
$0.00 to $50,000.00

= $75.00

$ 50,001.00 to $100,000.00

= $100.00

$100,001.00 and over

= $150.00

(b)

License fee for Entertainers License is hereby established at $50.00.

(c)

License fee for Professional Services License is hereby established at:

(d)

(e)

$0.00 to $50,000.00

= $75.00

$ 50,001.00 to $100,000.00

= $100.00

$100,001.00 and over

= $150.00

License fee for Public Utilities License is hereby established at:
$0 to $50,000.00

= $75.00

$ 50,001.00 to $100,000.00

= $100.00

$100,001.00 and over

= $150.00

License fee for Public Accommodations License is hereby established at:

11

(f)

(g)

$0.00 to $50,000.00

= $75.00

$ 50,001.00 to $100,000.00

= $100.00

$100,001.00 and over

= $150.00

License fee for Hawkers, Peddlers, Transient Merchants License is hereby
established at:
$0.00 to $50,000.00

= $25.00

$ 50,001.00 to $100,000.00

= $40.00

$100,001.00 and over

= $50.00

License fee for General Commercial Services License is hereby established at:
$0.00 to $50,000.00

= $75.00

$ 50,001.00 to $100,000.00

= $100.00

$100,001.00 and over

= $150.00

(h)

License fee for One-Time Special Events is hereby established at $50.00.

(i)

License fee for Miscellaneous License is hereby established at:
$0.00 to $50,000.00

= $75.00

$ 50,001.00 to $100,000.00

= $100.00

$100,001.00 and over

= $150.00

Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 7.

§ 105. License Fee Revenue Distribution.
All revenue derived from license fees from this Title shall be forwarded on the first day of each
month to the Commissioner of Finance who shall superintend and manage said funds until lawfully
disbursed pursuant to formal Revenue Resolution of the Band Assembly.
Historical and Statutory Notes

12

Source:
Band Statute 1090-MLC-47, § 23.

§ 106. Licenses Issued to Principal of Commercial Entity.
The Corporate Commission shall issue licenses only in the name of the principal owner of any
commercial entity who transacts business pursuant to provisions of this Title. Any said license
issued pursuant to provisions of this Title is nontransferable.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 13.

§ 107. License Period.
License to sell or offer for sale any goods and/or services to any person subject to the
jurisdiction of the Band shall be valid throughout the calendar year in which it is issued.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 8.

§ 108. License Renewal.
Application for renewal of license shall be made to the Commissioner of Corporate Affairs on
an appropriate form at least 30 days prior to the expiration of the existing license and the
Commissioner must report to the Corporate Commission as to the record the applicant has made
and her or his fitness to continue as a commercial entity under a new license.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 9.

§ 109. Denial, Suspension, Revocation of License.
(a)
(1)

The Corporate Commission may by order deny any application or suspend or
revoke any license or registration if it finds that the applicant, registrant or
licensee:

13

(2)

(b)

(i)

has filed an application for a license or registration which is
incomplete in any material respect or contains any statement which, in
light of the circumstances under which it is made, is false or
misleading with respect to any material fact;

(ii)

has engaged in a fraudulent, deceptive or dishonest practice;

(iii)

is permanently or temporarily enjoined by any court of competent
jurisdiction from engaging in or continuing any conduct or practice
involving any aspect of conducting commercial activity;

(iv)

has violated or failed to comply with any provision of this chapter or
any Commission Order issued pursuant thereto.

Any applicant for a license or licensee or registrant shall be accorded due
process rights to a hearing pursuant to provisions of subsection (c)(1), prior to
revocation, suspension or denial action.

The Corporate Commission may promulgate rules and regulations further specifying
and defining those actions and omissions which constitute fraudulent, deceptive or
dishonest practices, and establishing standards of conduct for commercial activity.

(c)
(1)

The Court of Central Jurisdiction may issue an order requiring a licensee,
registrant or applicant for a license or registration to show cause why the
license or registration should not be revoked or suspended. In the case of the
denial of an application, the Corporate Commission may issue such a show
cause order. All orders shall be calculated to give reasonable notice of time
and place for hearing thereon, and shall state the reasons for the entry of the
order. All hearings shall be conducted in accordance with 24 MLBS § 2001 et
seq. After the hearing, the court shall enter an order making such disposition
of the matter as the facts require. In the case of hearings before the Corporate
Commission, the Commission shall enter an order making such disposition of
the matter as the facts require. Any such order may be appealed to the Court
of Central Jurisdiction.

(2)

If the licensee, registrant or applicant fails to appear at a hearing of which he
or she has been duly notified, such person shall be deemed in default, and the
proceeding may be determined against him upon consideration of the order to
show cause, the allegations of which may be deemed to be true.
Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 10.

14

§ 110. Service of Process.
All commercial entities that sell or offer for sale any goods and/or services on lands subject to
the jurisdiction of the Band, but do not maintain an office on lands subject to the jurisdiction of
the Band shall be subject to service of process as follows: by service thereof on its registered
agent within the Band or if there be no such registered agent, then upon the person who has been
designated in the registration statement as having custody of books and records or upon the
person who is an agent of the commercial entity or by placing a copy of said process in
registered and regular United States mail at the last known address.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 14.

§ 111. Forfeiture of Goods.
Any person who shall attempt to conduct commerce on lands under the jurisdiction of the NonRemovable Mille Lacs Band of Ojibwe as a commercial entity, or to introduce goods, offer for
sale any services or to conduct commercial activity therein without a license, shall forfeit all
merchandise offered for sale to any person or the Band which is found in her or his possession
to the Non-Removable Mille Lacs Band of Ojibwe.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 4.

§ 112. Power to Close Unlicensed Stores.
If persons carry on commercial activities within the jurisdiction of the Non-Removable Mille
Lacs Band of Ojibwe with any person under the jurisdiction of the Band or the Band or entity of
the Band without a license, or continue to conduct commerce after expiration of the license
without applying for renewal, the Commissioner of Corporate Affairs will immediately report
the facts to the Solicitor General who may, if necessary, direct the Law Enforcement officials to
close the store of such commercial entities. The Solicitor General shall within 48 hours file a
proper complaint in the Court of Central Jurisdiction and seek permanent or temporary
injunctive relief from the court whichever is appropriate.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § I 2.

15

CHAPTER 3
REGULATION OF TRADE
Section
201. Inspection of Prices.
202. Credit at Seller's Risk.
203. Cash Payment Only to Any Band Member.
204. Government Checks Paid in Cash.
205. Premises Kept in Sanitary Condition.
206. Tobacco Sales to Minors.
207. Imitation Indian-Made Goods and Commercially Grown Wild Rice Prohibited.
208. Corporate Commission Authorizations.
209. Pawnbrokers and Junk Dealers.

§ 201. Inspection of Prices.
(a)

It is the duty of the Commissioner of Corporate Affairs, to see that the prices charged
by commercial entities are fair and reasonable. To this end the commercial entities
shall on request submit to the Commissioner or inspecting officials the original
invoice, showing cost, together with a statement of transportation charges, retail price
of articles sold by them, the amount of Indian accounts carried on their books, the
total annual sales, the value of buildings, the number of employees, and any other
business information such officials may desire. The quality of all articles kept on sale
must be good merchandise. The Commissioner shall conduct any such inspection
upon receipt of any complaint from any person.

(b)

The Corporate Commission shall promulgate standards for fair and reasonable
inspection of any commercial entity located on lands subject to the jurisdiction of the
Band, so as to prevent bias. No inspections shall occur until said standards have been
promulgated.
Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 16.

§ 202. Credit at Seller's Risk.

16

Credit given to any Band members, will be at the seller's own risk, as no assistance will be given
by Government officials in the collection of debts against any Band members other than that
specified in 24 MLBS § 3001 et seq. Commercial entities shall not accept pawns or pledges of
personal property by any Band members to obtain credit or loans. Receipts must be given to all
articles they have sold to commercial entities and on which they have requested book credit.
These receipts must show the following information: The date the transaction was made, the
amount paid the Band member and a description of the article or articles sold. All receipts
issued by the commercial entity for Band members products must be recorded in the
commercial entity's book in such manner that all information contained in the receipt is
duplicated. Receipts may be transferred upon order of the initial recipient if it is to her or his
convenience that such a procedure be followed.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 17.

§ 203. Cash Payment Only to Any Band Member.
Commercial entities must not pay Band members in tokens, tickets, store orders or anything else
of that character. Payment must be made in money, or in credit if the Band member is indebted
to the commercial entity.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § I 8.

§ 204. Government Checks Paid in Cash.
Commercial entities must pay all government checks accepted in cash, merchandise or credit to
the full value of the check presented. The acceptance of cash, merchandise, or credit for
government checks shall be at the option of the Band member in all cases.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § I 9.

§ 205. Premises Kept in Sanitary Condition.
The commercial entities shall keep both their premises and place of business in a clean, sanitary
and presentable condition at all times and shall avoid exposure of foodstuff to infection from the
air, dust, insects or handling. It shall be the duty of the Commissioner of Human Services of the

17

Band and her or his assistants to make periodical inspections, recommend improvements and
report thereon to the Commissioner of Corporate Affairs or her or his duly authorized
representative.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 20.

§ 206. Tobacco Sales to Minors.
No commercial entity shall sell tobacco, cigars, or cigarettes to any Band member under 18
years of age.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-47, § 15.

§ 207. Imitation Indian-Made Goods and Commercially Grown Wild Rice Prohibited.
(a)

No person shall introduce or have in her or his possession for disposition or sale to
Band members or others, within the exterior boundaries of lands under the
jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe, any goods, wares,
and merchandise known as moccasins, bead work, birchbark baskets, deerskin work,
grass rugs, sweet grass baskets, and other goods which are manufactured or produced
in imitation of genuine American Indian-made goods, wares, or merchandise without
first clearly branding, labeling or marking said goods, wares or merchandise as
imitation of genuine American Indian-made goods, wares or merchandise. For
purposes of this section, Indian-made goods are those made exclusively by persons
who are at least one-quarter Indian blood or who are listed on the rolls of any
federally recognized Indian tribe, Band or community.

(b)

The brand, label or mark required by subsection (a) shall be the words "not Indianmade" and shall be placed or attached outside of and on a conspicuous part of the
finished article so as to be plainly visible to the purchasing public, and shall be the
size and style known as great primer Roman capitals. Such brand or mark, if the
article will permit, shall be placed upon it, but when such branding or marking is
impossible, a label shall be used and attached thereto.

(c)

Any person injured by violation of subsection (a) may bring a civil action and recover
damages, together with costs and disbursements, including reasonable attorney's fees,
and receive other equitable relief as determined by the Court of Central Jurisdiction.

18

(d)

No person shall sell, offer for sale, or have in her or his possession for the purpose of
sale any commercially grown wild rice.

(e)

All such imitation Indian-made goods which are mislabeled, in violation of
subsection (a) and commercially grown wild rice introduced in violation of
subsection (d) shall be subject to seizure by any law enforcement officer of the Band
in the event that any person shall introduce or intend to introduce for purposes of sale
to the general public such goods and/or commercially grown wild rice.
Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 22.

§ 208. Corporate Commission Authorizations.
(a)

The sale of alcohol at any Mille Lacs Band of Ojibwe Gaming enterprise is hereby
specifically authorized.

(b)

The Corporate Commission is authorized, whenever in its opinion the public interest
may require, to prohibit the introduction of goods, or of any particular articles, into
the country belonging to the Non-Removable Mille Lacs Band of Ojibwe and direct
that all licenses to sell or offer for sale any goods and/or services with persons or the
Band be revoked, and all applications therefore rejected. No commercial entity shall,
so long as such prohibition exists, sell or offer for sale any goods and/or services
with any entity of the Band and for said Band, or to any person subject to the
jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe.
Historical and Statutory Notes

Source:
Band Statute 1090-MLC-47, § 3.
Band Ordinance 23-19.

§ 209. Pawnbrokers and Junk Dealers.
(a)

Every pawnbroker or junk dealer subject to the jurisdiction of the Court must keep a
detailed register in which must be entered the description of every article pawned by
him/her or purchased by him/her with the date of pawning or purchasing date when
the article must be redeemed, with the name of the person by whom the article was
pawned, or by whom purchased and the amount loaned thereon or paid thereof, and in
case of the sale of any article pawned or pledged, the pawnbroker or junk dealer must
enter upon said register the name of the purchaser, the time of the sale and the price
paid therefore and the register must always be open to inspection and examination of
any law enforcement officer.

19

(b)

Furthermore, no person may carry on the business of pawnbroker or junk dealer by
receiving goods pawned, or in pledge for loans, at any rate of interest higher than is
allowed pawnbrokers of junk dealers under Federal regulation. There must be no
other or greater amount received by and pawnbroker or junk dealer, her or his
employee or agents, for interest, commission, discount, storage or caring for property
pledged than the rate allowed under Federal regulations.

(c)

Failure to comply with the terms and conditions of this section shall constitute an
offense, punishable upon conviction of a sentence to labor for a period not to exceed
180 days, and/or by a fine not to exceed $500.00, and the violator may be subject to
other related charges under provisions of the Mille Lacs Band Statutes Annotated
such as 24 MLBS § 1154. The Court may order the violator to cease and desist from
any further business as pawnbroker or junk dealer until full compliance with this
section is to the satisfaction of the Court.
Historical and Statutory Notes

Source:
Band Statute 1164-MLC-6, § 28.

CHAPTER 4
UNIFORM COMMERCIAL CODE
Section
301. Enactment.
302. Amendments.

§ 301. Enactment.
The Band Assembly hereby enacts the Uniform Commercial Code of the State of
Minnesota-Minnesota Statutes, Chapter 336 as the Uniform Commercial Code for the
Non-Removable Mille Lacs Band of Ojibwe. The Justices of the Court of Central Jurisdiction
shall be bound by the provisions of Minnesota Statutes, Chapter 336 in all causes of action which
arise pursuant thereto. Exclusive subject matter jurisdiction is hereby conferred to the Court of
Central Jurisdiction.
Historical and Statutory Notes
Source:
Band Statute 1090-MLC-7, § 28.
Cross References

20

Applicability to motor vehicle lien holders, see 19 MLBS § 17.
Applicability to watercraft, see 20 MLBS § 11.
Subject matter jurisdiction, Court of Central Jurisdiction, see 5 MLBS § 111.

§ 302. Amendments.
Band Statute 1090-MLC-47 (see, now, 18 MLBS § 301) adopted the Uniform Commercial
Code as adopted by the State of Minnesota. Should the State of Minnesota amend or change its
Uniform Commercial Code after the enactment of the above-mentioned Statute, the
Commissioner of Corporate affairs may, in her or his discretion, adopt those amendments or
changes into Band law via a Commissioner's Order.
Historical and Statutory Notes
Source:
Band Statute 1202-MLC-16A, § 16.
Cross References
Commissioner's Orders, see 4 MLBS § 7.

CHAPTER 5
TRIBAL EMPLOYMENT RIGHTS - REPEALED
Historical and Statutory Notes
Source:
Band Ordinance 41-22 (Tribal Employments Rights has been moved to Title 15, chapter 4).

CHAPTER 6
MINIMUM WAGE
Section
501. Payment of Minimum Wages.
502. Gratuities Not Applies.
503. Sharing of Gratuities.
504. Unreimbursed Expenses Deducted.
21

505. Expense Reimbursement.
506. Overtime.
507. Work Breaks.
508. Meal Breaks.
509. Authorized Leave.
510. Application.
Historical and Statutory Notes
The Preamble and § 11 of Band Ordinance 30-98 (this Chapter) provides: “Preamble. It is enacted by the
band Assembly of the Mille Lacs Band of Ojibwe for the purpose of establishing minimum wage
standards for workers within the territorial jurisdiction of the Mille Lacs Band.”
“Section 11. Effective Date. This Act shall become effective October 1, 1998.”
The title of Band Ordinance 19-08 is: “An ordinance amending the minimum wage standard for workers
within the territorial jurisdiction of the Mille Lacs Band of Ojibwe in order to comply with the federal
guidelines.”
The Preamble and § 11 of Band Ordinance 19-08 provides: “Preamble. It is enacted by the Band
Assembly of the Mille Lacs Band of Ojibwe for the purpose of amending the minimum wage standards
for workers within the territorial jurisdiction of the Mille Lacs Band of Ojibwe.”
“Section 11. Effective Date. This Act shall become effective July 24, 2008.”
The title of Band Act 05-26 is: “an Act amending Title 18, chapter 6, section 501, requiring the Band to
pay its employees a minimum wage of $20.00 per hour.”
The title and § 2 of Band Act 10-26 provide: “an Act repealing and replacing Act 05-26 to change the
effective date to October 1, 2026.”
“Section 2. Effective Date. This Act shall become effective October 1, 2026.”

§ 501. Payment of Minimum Wages.
(a)

For purposes of this Chapter, the terms defined in this paragraph have the following
meaning:
(1)

“Large Employer” means an enterprise whose annual gross volume of sales
made or business done is not less than $500,000.00, exclusive of excise and
sales taxes that are collected at the retail level.

(2)

“Mille Lacs Band” or “Band” means the Mille Lacs Band of Ojibwe or any
political subdivision thereof.

(3)

“Salary” means wages paid periodically in contrast to wages based on an
hourly rate.

22

(b)

Except as may otherwise be provided for in this Chapter, the Band must pay wages to
each employee in the minimum amount of $20.00 per hour unless a higher amount is
required under applicable law. For purposes of this subsection only, the term “Band”
does not include the Corporate Commission.

(c)

Except as may otherwise be provided for in this Chapter, every Large Employer must
pay wages to each employee in the minimum amount of $8.50 per hour unless a
higher amount is required under applicable law.

(d)

Except as may otherwise be provided for in this Chapter, every “Small Employer”
must pay wages to each employee in the minimum amount of $6.55 per hour unless a
higher amount is required under applicable law.

(e)

A “Large Employer” must pay each employee at a rate of at least the minimum wage
set by this section without the reduction for training wage or full-time student status
allowed by federal law.

(f)

Any governmentally funded program, whether Band, federal or state, that employs
students enrolled in educational classes is expressly exempt from the provisions of
this section.
Historical and Statutory Notes

Source:
Band Ordinance 30-98, § 1.
Band Ordinance 19-08, § 1.
Band Ordinance 45-14.
Band Act 05-26.
Band Act 10-26.

§ 502. Gratuities Not Applied.
(a)

An employer may not directly or indirectly credit, apply or otherwise utilize
gratuities towards payment of the minimum wage set by this section or any other
applicable law.

(b)

Notwithstanding any provision of this Chapter to the contrary, an employer shall not
be required to pay an employee receiving 30% or more of their earnings from tips or
gratuities, the amount of the Band’s minimum wage rate prescribed in § 501 of this
Chapter. Instead such an employee shall be entitled to receive a minimum wage at
the federal rate for employees of this type.
Historical and Statutory Notes

Source:
Band Ordinance 30-98, § 2.

23

Band Ordinance 19-08, § 2.

§ 503. Sharing of Gratuities.
(a)

All tips or gratuities may be retained by employees receiving such tips or gratuities.

(b)

Notwithstanding the provisions of paragraph (a) of this section, any tip or gratuity
received by an employee and deposited in a fund or pool operated for the benefit of
such type of employees to be to be shared equally shall be permissible.
Historical and Statutory Notes

Source:
Band Ordinance 30-98, § 3.
Band Ordinance 19-08, § 3.

§ 504. Expenses that are Not Reimbursed that May Be Deducted.
Deductions, direct or indirect, from wages or gratuities not authorized under this section may
only be taken as otherwise authorized by law. Deductions, direct or indirect, up to the full cost
of an individual’s uniform or individual’s piece of work equipment as listed below, may not
exceed $50.00. No deductions, direct or indirect may be made for the items listed below which
when subtracted from wages would reduce the wage below the allowable minimum:
(a)

Purchased or rented uniforms or specifically designed clothes required by the
employer, due to the nature of the employment or by law as a condition of the
employment, which are not generally appropriate for use except in that employment;

(b)

Purchased or rented equipment used in employment, except as tools of trade, motor
vehicle or any other equipment which may be used outside the employment;

(c)

Travel expenses in the course of employment except those incurred in traveling to
and from the employee’s residence and place of employment.
Historical and Statutory Notes

Source:
Band Ordinance 30-98, § 4.
Band Ordinance 19-08, § 4.

§ 505. Expense Reimbursement.
An employer, at the termination of an employee’s employment, must reimburse the full amount
deducted, directly or indirectly, for any of the items listed in § 504 of this Chapter. When

24

reimbursement is made, the employer may require the employee to surrender any existing items
for which the employer provided reimbursement.
Historical and Statutory Notes
Source:
Band Ordinance 30-98, § 5.
Band Ordinance 19-08, § 5.

§ 506. Overtime.
(a)

An employer may not employ an employee for a workweek longer than 40 hours,
unless the employee receives compensation for employment in excess of 40 hours at
a rate of at least 1-1/2 times the employee’s wage. An employer may also grant
compensatory time off at the rate of 1½ hours for each hour worked in excess of 40
hours in lieu of monetary compensation.

(b)

An employer does not violate this § 506 if the employer and employee agree before
the performance of a work week, to accept to work period of 14 conservative days in
lieu of a work week of seven (7) consecutive days. In such an arrangement, overtime
compensation for the employment in excess of eight (8) hours in any workday and in
excess of 80 hours in the 14-day period, the employee shall receive pay or
compensatory time off at a rate not less than 1-1/2 times the regular rate at which the
employee is employed.

(c)

This section shall not apply to employees receiving a Salary.
Historical and Statutory Notes

Source:
Band Ordinance 30-98, § 6.
Band Ordinance 19-08, § 6.

§ 507. Work Breaks.
An employer must allow each employee a 15-minute break from work within each four (4)
consecutive hours of work.
Historical and Statutory Notes
Source:
Band Ordinance 30-98, § 7.
Band Ordinance 19-08, § 7.

§ 508. Meal Breaks.
25

(a)

An employer must permit each employee who is working for eight (8) or more hours
at least 30 minutes to eat a meal.

(b)

Nothing in this section requires the employer to pay the employee during the meal
break.
Historical and Statutory Notes

Source:
Band Ordinance 30-98, § 8.
Band Ordinance 19-08, § 8.

§ 509. Authorized Leave.
Any employee may not unreasonably be denied time-off from work to attend Midewin or Drum
Society Ceremonies.
Historical and Statutory Notes
Source:
Band Ordinance 30-98, § 9.
Band Ordinance 19-08, § 9.

§ 510. Application.
The provisions of this Chapter shall apply within the territorial jurisdiction of the Mille Lacs
Band of Ojibwe.
Historical and Statutory Notes
Source:
Band Ordinance 30-98, § 10.
Band Ordinance 19-08, § 10.

CHAPTER 7
RIGHT TO WORK
Section
601. Findings and Determinations.
602. Definitions.
603. Right to Work.
26

604. Prohibition of Strikes.
605. Jurisdiction.
606. Civil Remedies.
607. Complaint Process.
608. Enforcement.
Historical and Statutory Notes
The Title of Band Ordinance 55-08 (this Chapter) is: “An Ordinance amending Title 18 of Mille Lacs
Band Statutes Annotated (Commercial Practices) to add Chapter 7 – Right to Work.
The preamble of Band Ordinance 55-08 provides: “It is enacted by the Band Assembly of the Mille Lacs
Band of Ojibwe for the purpose of amending Title 18 of the Mille Lacs Band Statutes Annotated
(Commercial Practices) to add Chapter 7 to be entitled ‘Right to Work.’”

§ 601. Findings and Determinations.
The Band Assembly hereby finds and determines:
(a)

The Mille Lacs Band of Ojibwe has the inherent power to maintain a Band
government which may enact laws to preserve the sovereignty of the Band and to
promote and maintain individual rights and promote the general welfare of the
people of the Band.

(b)

With the recent expansion of economic development, employment within the
jurisdiction of the Band has grown substantially, and the Band has exercised its
sovereignty in enacting laws to govern employment relationships.

(c)

The right to work on land within the jurisdiction of the Band is a fundamental right
that should not be abridged.

(d)

No person should be forced to join or be penalized for not joining a union or other
collective bargaining organization and should be able to make that choice freely and
voluntarily.

(e)

The Mille Lacs Band of Ojibwe enacts this law governing employment and labor
pursuant to the Band’s inherent sovereign authority to govern activities on lands
within the jurisdiction of the Band, whether the activities are of Band members,
nonmembers, Indians, or non-Indians, and whether based on consensual relationships
with the Band or conduct which impacts and affects the health, safety, political and
economic integrity of the Band and the community including Band members,
employees, vendors, patrons and others.
Historical and Statutory Notes

Source:

27

Band Ordinance 55-08, § 1.

§ 602. Definitions.
(a)

“Employer” means any person, firm, association, corporation, government or any
subdivision thereof and other entity operating within the jurisdiction of the Band and
directly or indirectly employing one (1) or more persons to perform work, except for
any such person, firm, association, or corporation which has a principal place of
business located outside the jurisdiction of the Band and operates pursuant to an
Agreement with the Band or Band entity to perform construction related activities.

(b)

“Labor organization” means any organization or agency or group of employees or
employee committee or plan in which employees participate that is organized or
exists for the purpose of dealing with an employer or employers concerning hours of
employment, wages, rates of pay, working conditions or grievances of any kind
relating to employment.

(c)

“Labor dispute” includes any controversy concerning terms or conditions of
employment or concerning the association or representation of persons in
negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions
of employment whether or not the disputants stand in the proximate relationship of
employer and employee.

(d)

“Person” means any individual, labor organization, corporation, partnership,
company, association or other legal entity, including the Mille Lacs Band of Ojibwe
and any subdivision thereof and the Corporate Commission of the Mille Lacs Band
of Ojibwe.

(e)

“Strike” means any temporary stoppage, reduction, disruption or slowdown of work
by the concerted action of two (2) or more employees as a result of a labor dispute.

(f)

“Union dues” means dues, fees, assessments or other charges of any kind or amount
or their equivalents paid or payable, directly or indirectly, to a labor organization or
its agents and includes payments to any charity or other third-party in lieu of such
payments to a labor organization.
Historical and Statutory Notes

Source:
Band Ordinance 55-08, § 2.

§ 603. Right to Work.
(a)

No person shall be required, as a condition of employment, or continuation of
employment, within the jurisdiction of the Band, to do any of the following:
28

(b)

(1)

Resign or refrain from voluntary membership in, voluntary affiliation with, or
voluntary financial support of a labor organization;

(2)

Become or remain a member of a labor organization; or

(3)

Pay union dues as defined in this chapter.

Any agreement between any labor organization and any employer that violates
subsection (a) or otherwise violates the rights of persons defined by this chapter is of
no legal effect. This chapter does not bar any person from voluntarily obtaining or
maintaining membership in any labor organization or from voluntarily paying union
dues as defined in this chapter.
Historical and Statutory Notes

Source:
Band Ordinance 55-08, § 3.

§ 604. Prohibition of Strikes.
(a)

No person shall engage in a strike and no person shall cause, instigate, encourage, or
condone a strike.

(b)

For purposes of this section, if a person is absent from work, or abstains wholly or in
part from the full performance of her or his normal duties, on the date or dates when
a strike occurs, it shall create a rebuttable presumption to have engaged in such strike
on such date or dates.
Historical and Statutory Notes

Source:
Band Ordinance 55-08, § 4.

§ 605. Jurisdiction.
The Court of Central Jurisdiction shall have jurisdiction over all causes of action alleging
violations of this chapter. Nothing provided in this chapter shall be deemed to be a waiver of the
sovereign immunity of the Mille Lacs Band of Ojibwe from suit. Nothing provided in this
chapter shall diminish the immunity protections of 2 MLBS § 5 and 16 MLBS § 109.
Historical and Statutory Notes
Source:
Band Ordinance 55-08, § 5.

29

§ 606. Civil Remedies.
Any person injured as a result of any violation or threatened violation of the provisions of this
chapter shall be entitled to petition the Court of Central Jurisdiction for injunctive relief from or
against any person who violated or threatens any violation of this chapter, and may, in addition
thereto, file a claim to recover actual damages resulting from the violation or threatened
violation. The remedy shall be independent of, and in addition to, any other penalties and
remedies prescribed by applicable law.
Historical and Statutory Notes
Source:
Band Ordinance 55-08, § 6.

§ 607. Complaint Process.
(a)

Petition. Any person injured as a result of any violation or threatened violation of
the provisions of this chapter shall first petition the Court of Central Jurisdiction for a
show cause hearing. The Petition shall include a statement of the facts constituting
the violation or threatened violation of the provisions of this chapter and the specific
relief requested. The Petition shall also be accompanied by an affidavit made under
oath stating the specific facts and circumstances from which relief is sought.

(b)

Notice of Hearing. The Clerk of Court shall schedule a hearing within 30 days after
receipt of the Petition. The Clerk shall submit a Notice of Hearing to the person
against whom the action is being instituted. The Notice shall state that the person has
a right to appear at this hearing on her or his own behalf or with an attorney. The
person shall have a right to present defenses to the claim and to state the reasons why
the Petition should be denied. The Petition shall clearly state a claim to the violation
of this chapter and the damages sought. Finally, the notice shall clearly state that if
the person fails to appear at the hearing the Court has the authority to enter a default
judgment on behalf of the Petitioner and direct that the requested relief be
immediately granted.

(c)

Emergency Procedure.
(1)

Where an application under this chapter alleges an immediate and present
violation or threatened violation of § 4 of this chapter, the court may grant an
ex-parte temporary order enjoining the violation or threatened violation.

(2)

An ex-parte temporary order shall be effective for a fixed period not to
exceed 14 days. A full hearing as provided by this chapter shall be set for not
later than seven (7) days from the issuance of the temporary order. The

30

respondent shall be served forthwith a copy of the ex-parte order along with a
copy of the petition and affidavit and notice of the date set for the hearing.
(3)

Service of Order. Any order issued under this chapter shall be personally
served upon the respondent.
Historical and Statutory Notes

Source:
Band Ordinance 55-08, § 7.

§ 608. Enforcement.
(a)

The Court of Central Jurisdiction shall have the judicial authority to provide an
equitable remedy in the execution its judgments and determinations to promote the
general welfare, preserve and maintain justice, and to protect the rights of all persons
under the jurisdiction of the Mille Lacs Band of Ojibwe.

(b)

The Court of Central Jurisdiction shall have the power to issue orders to prevent an
injustice or injury, require action or conduct, and issue any other orders as are
necessary in the furtherance of justice.
Historical and Statutory Notes

Source:
Band Ordinance 55-08, § 8.

31

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aminn_chippewa_mille_lacs%3Ae93ca91d33358f63. Public record. Not legal advice.