OToE-GVEISSOURIA — ssHcme (2018)

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OToE-GVEISSOURIA — ssHcme

"TRIBE OF JNDIANS

RESOLUTION

OMTC#S 50347) FY-2018

“A RESOLUTION APPROVING ADOPTION OF THE TRIBAL CONSUMER

FINANCIAL SERVICES ORDINANCE"

NOW, THEREFORE, BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE OTOE-

MISSOURIA TRIBE OF INDIANS, AND

WHEREAS, The Otoe-Missouria Tribal Council (‘the Tribal Council "), the governing body of

the Otoe-Missouria Tribe of Indians, in accordance with the Tribal Constitution,

Article VIII — Powers, Section 1, duly convened to discuss, review, and approve

tribal business; and

WHEREAS, the Constitution and By-Laws of the Otoe-Missouria Tribe of Indians provides

that the Tribal Council shall have the power to act on behalf of the Tribe in all

matters on which the Tribe is empowered to act; and

WHEREAS, the Tribal Council is the supreme governing body of the Otoe-Missouria Tribe of

Indians with the authority to enact and amend laws and ordinances: and

WHEREAS, on February 10, 2010, by OMTC# 210565, the Tribal Council adopted the Otoe-

Missouria Consumer Finance Services Regulatory Commission Ordinance to

provide a basis under tribal law to authorize and regulate the conduct of

consumer financial services on Indian lands of the Otoe-Missouria Tribe; and,

WHEREAS, on June 10, 2014, by OMTC#0610054, the Tribal Council adopted the Otoe-

Missouria Tribal Consumer Services Financial Ordinances to further define tribal

law and the duties of the Otoe-Missouria Consumer Financial Services

Regulatory Commission as they relate to regulation of the conduct of consumer

financial services on Tribal Lands of the Otoe-Missouria Tribe; and

WHEREAS, the Tribal Council has determined that it is in the best interests of the Tribe to

consolidate and amend the Otoe-Missouria Consumer Finance Services

Regulatory Commission Ordinance and Tribal Consumer Services Financial

Ordinance into the Tribal Consumer Financial Services Ordinance; and

PHONE: 580.723.4466 + TOLL FREE: 877.692.6863 * FAX: 580.723.4273 ° www.omtribe.org

WHEREAS, the Tribal Council has determined that it is in the best interests of the Tribe that

the Tribal Consumer Financial Services Ordinance supersede both consumer

financial services ordinances, identified above, as well any regulations

promulgated by the Otoe-Missouria Consumer Financial Services Regulatory

Commission there under; and

WHEREAS, the Tribal Consumer Financial Services Regulatory Commission has reviewed

and approved of the proposed amendments to the Tribal Consumer Financial

Services Ordinance; and

SO, THEREFORE BE IT RESOLVED, that the Otoe-Missouria Tribal Council does hereby

approve and adopt this resolution approving and adopting the attached Tribal

Consumer Financial Services Ordinance effective immediately.

CERTIFICATION

We, the undersigned, Chairman and Secretary of the Otoe-Missouria Tribal Council, do hereby

certify by signature, that the above and foregoing Resolution was given due consideration on

this_ day of Wika , 2018, with a quorum present and a vote of:

lo FoR_@_AGAINST_2 _ ABSENT, and_ 7 _ ABSTAINING,

Yin, [“J APPROVING — [ ] DISAPPROVING, this Resolution.

aon Chairman

Darrell Kihega, Secrététy

TRIBAL CONSUMER FINANCIAL SERVICES ORDINANCE

(Consumer Finance Services Regulatory Commission Ordinance, enacted on February 10, 2010, OMTC#

210565; Tribal Consumer Services Financial Ordnance, enacted on June 10, 2014, OMTC# 0610054;

consolidated, amended and superseded by the Tribal Consumer Financial Services Ordinance,, enacted

on, May 3, 2018, OMTC# 050341)

SECTION 1. FINDINGS, INTENT, AND POLICY

1.1

Findings. The Tribal Council of the Otoe-Missouria Tribe of Indians (“Tribal Council”),

the primary governing body of the Tribe, finds that:

(a) The Tribe desires to expedite the development of its economy in order to improve

its economic self-sufficiency, to enable it to better serve the social, economic,

educational, health, and safety needs of its members and visitors, and to provide its

members with opportunities to improve their own economic circumstances.

(b) Tribal operation and licensing of one or more Consumer Financial Services

business(es) is a legitimate means of generating revenue to address the aforementioned

needs and to pursue the Tribe's sovereign right of self-sufficiency and self-determination.

Services businesses within its jurisdiction.

(d) A properly licensed and regulated Consumer Financial Services industry is

consistent with announced federal policy promoting tribal self-government and economic

self-sufficiency.

(e) Tribal regulation and control of Consumer Financial Services businesses within

the jurisdiction of the Tribe is essential for the protection of the public welfare.

(f) It is essential that the Tribal Council regulate Consumer Financial Services

business in a manner commensurate with Tribal law and policy and applicable federal

law.

(g) It is essential that public confidence in Consumer Financial Services business that

takes place within the Tribe's jurisdiction be maintained.

(h) Advancement of the Tribe’s engagement in and regulation of Consumer Financial

Services by way of adopting this enhanced Tribal Consumer Financial Services

Ordinance (“Ordinance”)by the Tribal Council is a necessary condition for the legal

operation of Consumer Financial Services within the Tribe’s reservation and serves the

Tribe’s best interests.

(i) The continued operation of the Consumer Finance Services Regulatory

Commission to implement the purpose and intent of the Ordinance within the Tribe’s

reservation serves the Tribe’s best interests.

Page | of 26

1.2

Intent. The Tribal Council, on behalf of the Tribe, declares that the intent of this

Ordinance is to:

1.3

(a) Diversify and expedite the development of the economy of the Otoe-Missouria

Tribe of Indians for the purposes described in section 1.1(a) above.

(b) Define general regulatory powers to be exercised by the Commission in relation

to the regulation, control, and oversight of Consumer Financial Services businesses.

benefit of the Tribe’s government and its members and are used to improve the Tribe's

economic self-sufficiency, to enable the Tribe to better serve the social, economic,

educational, health, and safety needs of its members and visitors, and to provide its

members with opportunities to improve their own economic circumstances.

(d) Ensure that Consumer Financial Services are conducted appropriately by

Licensees and remains free from abusive, corrupt, deceptive, unconscionable, unfair, and

dishonest practices.

(e) Protect the interests of the public in the offering of Consumer Financial Services.

(f) Ensure the maintenance of public confidence in Consumer Financial Services

practices.

(g) Ensure that there is a forum for the fair and orderly resolution of Consumer

Financial Services disputes.

(h) Ensure that Tribal consumer financial services laws and regulations are fairly

enforced.

Policy.

(a) Tribal Policy of Self-Government. The Tribe is firmly committed to the principle

of Tribal self-government. Profits from Consumer Financial Services shall be utilized

and expended only for the following purposes:

(1) To fund the Tribe's government operations or programs.

(2) To provide for the public health and general welfare of the Tribe and its

members and visitors to the Tribal community.

(3) To promote the Tribe’s economic development and self-sufficiency.

(4) To donate to charitable organizations.

Page 2 of 26

(b) Responsibility for Regulation. The Tribe shall have sole proprietary interest in,

and the responsibility for, the regulation of the Consumer Financial Services business

authorized by this Ordinance.

developed in accordance with this Ordinance are the sole authority through which

Consumer Financial Services may be offered under the Tribe’s jurisdiction. Any Lender

shall only originate Loans from within the Tribe’s jurisdiction.

SECTION 2. DEFINITIONS

As used in this Ordinance, unless the context otherwise requires:

2.1 “Applicant” means any Person who has applied for a License under the provisions of this

Ordinance.

2.2 “Application” means a request for the issuance of a License under the provisions of this

Ordinance.

2.3. “Business day” means any calendar day except Saturday, Sunday, and any Federal

holiday.

2.4 “Commission” means the Tribal Consumer Finance Services Regulatory Commission,

created and established by the Tribal Council and charged with the implementation and

enforcement of the Ordinance.

2.5. “Commissioner” means any person appointed to the Commission.

2.6 “Consumer” means a natural Person who receives or attempts to receive a Loan or other

Consumer Financial Services for personal, family, or household purposes from a Licensee as

allowed under this Ordinance. The term does not include a person who receives or attempts to

receive a loan or financial service primarily for business, commercial or investment purposes.

2.7 “Consumer Financial Services” means the business of providing a Loan or other financial

services or products to Consumers in transactions subject to this Ordinance in exchange for

interest, fees, or other form of consideration on the Tribe’s land or within the Tribe’s jurisdiction.

2.8 “Lender” means an economic development arm of the Tribe formed or organized

pursuant to Tribal law that is wholly-owned by the Tribe and engages in Consumer Financial

Services pursuant to a License that is active and in good standing with the Commission. A

Lender may offer and issue Loans to Consumers through any method permitted by the

Commission.

2.9 “License” means the official and legal privilege and authority granted by the Commission

to engage in Consumer Financial Services. A License is a revocable privilege and not a vested

right. A License will be issued in a format determined by the Commission.

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2.10 “Licensee” means any Person licensed by the Commission.

2.11 “Loan” means an extension of credit by a Lender from Tribal Jurisdiction to a Consumer

or any Person.

2.12 “Loan Agreement” means any agreement pursuant to which the Lender agrees to extend

credit to the Consumer under a specified set of terms and which is not enforceable until it is

executed by a Lender operating within the Tribe’s jurisdiction.

2.13 “Ordinance” means this Tribal Consumer Financial Services Ordinance.

2.14 “Person” means any natural person, organization, partnership, joint venture, association,

trust, firm, estate, club, society, receiver, assignee, trustee in bankruptcy, political entity,

company, corporation or other group, however organized or group of individuals acting as a unit,

whether mutual, cooperative, fraternal, profit, nonprofit, or otherwise. The term does not include

the Federal Government, any Federal agency, any State Government, any State agency, any

federally-recognized Indian tribe, or any tribal governmental subdivision.

2.15 “Tribe” means the Otoe-Missouria Tribe of Indians, a federally-recognized sovereign

nation located within the United States of America.

2.16 “Tribal Council” means the Otoe-Missouria Tribe of Indians’ Tribal Council, the

governing body of the Tribe as described in the Tribe’s Constitution.

2.17 “Tribal Jurisdiction” means the Tribe and Commission’s ability to exercise authority as

described in Section 4.14.

2.18 “Vendor” means any Person who engages or seeks to engage in the business of providing

services directly to a Lender or other tribally owned Licensee pursuant to this Ordinance.

SECTION 3. TERRITORIAL APPLICATION

This Ordinance applies tothe offering of Consumer Financial Services from the Tribe’s

land and those subject to the Tribe’s Jurisdiction as contemplated by Section 4.14 below.

SECTION 4. LICENSES

4.1 Applicability.

(a) Unless otherwise exempt, any Person seeking to engage in Consumer Financial

Services as a Lender or Vendor subject to this Ordinance shall apply for and receive a

License from the Commission before engaging in Consumer Financial Services. The

following Persons are exempt from the licensing requirements of this Ordinance:

(1) A Person who engages in Consumer Financial Services without charging or

collecting interest or other consideration for a transaction or charges or

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4.2

collects nominal or incidental consideration.

Q) A Vendor that receives less than Twenty-Five Thousand Dollars ($25,000) in

any twelve (12) month period from a Licensee.

(3) A Person who is a bank, savings bank, or savings and loan association

organized under the laws of the United States, or any other lender to the Tribe

or to a Financial Services Licensee or Debt Collection Licensee.

(4) A Person who provides financial services to a Licensee and who is licensed,

registered, or otherwise subject to the regulatory supervision and oversight of

a federal or state agency in order to engage in such financial services.

(5) A Person licensed or otherwise authorized bya federal or state agency to

engage in payment processing, money transmission, tax preparation, or the

practice of law.

(6) Any Person providing solely pre-origination services including but not limited

to credit bureaus, lead generators, marketing companies, or similar third-party

service providers as identified by promulgated regulation.

(7) Any other federally insured financial institution and any of their subsidiaries.

(8) Any employee of the above.

Application Process.

(a) An Applicant for a License shall submit to the Commission a notarized

Application on form(s) prescribed by the Commission. The Application shall request

such information as the Commission may require, including, but not limited to:

(1) Information related to the Applicant’s financial condition and history,

including all other information the Commission determines necessary to

assess the Applicant’s financial condition and history;

(2) The qualifications and business history of the Applicant including disclosure

of any previous or ongoing contractual relationships with an Indian tribe;

(3) Whether the Applicant has been convicted of or held liable for any: (i)

misdemeanor involving fraud or violation of any law governing the provision

of Consumer Financial Services or any business of a similar nature; (ii) or

other felony;

(4) Whether the Applicant, within the last two years, has been (i) named in any

civil suits (ii) named in any civil suits in which a judgment has been entered;

(iii) named in any administrative proceeding; (iv) named in any administrative

proceedings in which a judgment has been entered.

Page 5 of 26

(5) The Applicant shall also provide a complete disclosure of any pending or

anticipated civil or criminal action filed against the Applicant in any

jurisdiction, including any subpoenas or investigative demands;

(6) | Whether the Applicant has ever been permanently or temporarily enjoined by

a court of competent jurisdiction from engaging in or continuing any conduct

or practice involving any aspect of a Consumer Financial Services or any

business of a similar nature;

(7) A description of the nature of the Applicant’s business and Applicant’s

proposed method of doing business;

(8) A list of all other licenses pertaining to Consumer Financial Services or any

similar business or services , whether or not such licenses were issued;

(9) The Applicant’s tax identification number;

(10) A sworn statement that if the Applicant receives a License the Applicant will

submit to the Tribe’s jurisdiction and will abide by all applicable Tribal and

Federal laws, regulations, and policies and that the information contained in

the Application is true and correct to the best of Applicant’s knowledge; and

(11) Consent for the Commission to conduct background investigations of the

Applicant’s civil, criminal, and financial condition and history. The

Commission may waive the required consent so long as the required

determinations under § 4.3(b) and (c) are met.

(b) Each Application shall be accompanied by a nonrefundable Application fee as

determined by the Commission.

4.3 License issuance. The Commission shall issue a License to an Applicant, if, after

investigation of the Applicant, the Commission determines to its satisfaction that:

(a) The Applicant has complied with section 4.2 set forth above;

(b) The experience, character, and general fitness of the Applicant satisfy the

Commission that the Applicant will conduct the Consumer Financial Services business

honestly, fairly, and efficiently. The Commission may make this determination based on

an investigation, including a background check, or by other methods sufficient to make a

determination;

this Ordinance. The Commission may make this determination based on an investigation,

including a credit check, or by other methods sufficient to make a determination; and

(d) The Tribe has the sole ownership interest in the Lender Applicant.

Page 6 of 26

(e) Any Lender Applicant is formed under tribal law and operates from within the

Tribe’s jurisdiction, and can independently qualify as an economic arm and

instrumentality of the Tribe.

(f) Any Lender will only originate Loans from within the Tribe’s jurisdiction.

(g) Timely action of Commission. The Commission shall approve or deny an

Application for a license by written order not more than thirty (30) Business Days after

the Application is filed.

4.4 Temporary License. The Commission may issue a temporary License valid for up to sixty

(60) Business Days, with a possible sixty (60) day renewal period for good cause shown. A

temporary License shall extinguish upon issuance of a License or denial of an Application.

4.5 License posting. A License issued pursuant to the Ordinance shall be conspicuously

posted at the Lender or Vendor’s place of business and on each of Lender or Vendor’s websites.

4.6 Term.All Licenses shall remain in effect for a period of two years, unless canceled,

surrendered, or suspended or revoked by the Commission.

4.7 License renewal.A License may be renewed by filing a renewal Application complying

with Section 4.2 and paying a renewal fee determined by the Commission.

4.8 Fees.Application fees, renewal fees, late payment penalties, and other fees to be assessed

against any Person as provided for in this Ordinance shall be paid directly to the Commission.

The Commission shall deposit such proceeds into an account or fund designated by the Tribal

Council.

4.9 License Substance and Classification. The License shall bear on its face the name of the

Lender or Vendor, the Tribal Logo, the issue date, the license number and identify the particular

activity that the Licensee is authorized to conduct pursuant to the License.

4.10 License surrender. Any Licensee may voluntarily surrender its License at any time by

giving written notice of the surrender to the Commission.

4.11 Denial, suspension or revocation.

(a) The Commission may (i) deny an Application,(ii) suspend a License or, (iii)

revoke a License after notice and an opportunity for hearing, if the Commission finds that

a Licensee:

(1) Failed to notify the Commission within thirty (30) Business Days after the

occurrence of any material development, including, but not limited to:

(A) Bankruptcy or other undertaking of insolvency;

(B) Business reorganization due to insolvency;

Page 7 of 26

(C)

)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

The filing of a criminal indictment, civil complaint, or administrative or

regulatory action against the Licensee or any of its officers, directors; or,

A felony conviction against the Licensee or any of a Licensee’s officers,

directors or

Failed to pay initial Application or renewal fees;

Made a material misstatement or omission on the Application or on any

document required to be filed with the Commission or failed to update any

Application or any document required to be filed with the Commission;

Withheld or provided incomplete or insufficient pertinent information;

Participated in unauthorized Consumer Financial Services;

Knowingly falsified books or records that relate to a transaction connected

with the operation of Consumer Financial Services;

Failed to keep sufficient books and records to substantiate receipts,

disbursements, and expenses incurred or paid;

Failed to take reasonable measures to ensure that an agreement with a

Consumer is not materially breached;

Refused or failed to comply with any lawful order, inquiry or directive of the

Commission, the Tribal Council, or any court or administrative body of

competent jurisdiction;

Poses a threat to the public interest or the Commission’s effective regulation

of Consumer Financial Services;

Creates or enhances the danger of unsuitable, deceptive, abusive, unfair, or

illegal practices in the conduct of Consumer Financial Services;

Has been convicted of or has entered a plea of no contest to any crime

involving breach of trust or dishonesty;

Has had an order entered against it by a governmental authority with proper

jurisdiction and the order is based on conduct that involved fraud, deceit,

misrepresentation, or similar offense of dishonesty by the Licensee;

Has had a financial judgment ordered against it in a civil action based on

fraud, deceit, or misrepresentation, or other civil offense involving dishonesty;

Employed any person whom the Licensee knew or should have known was

convicted of fraud, theft, or embezzlement, or similar offense involving

Page 8 of 26

4.12

4.13

dishonesty;

(16) Attempted to bribe or offer something of value to any Person, Tribal Council

member, or a Commissioner in an attempt to avoid or circumvent Tribal law

or other law or attempt to destabilize the Tribal government;

(17) Stole or attempted to steal funds or other items of value;

(18) Failed to exercise proper oversight of Vendors working with the Licensee,

including failing to ensure that such Vendors comply with the terms of this

Ordinance and applicable federal law;

(19) Failed to comply with the terms of this Ordinance or applicable federal law or

regulation; or,

(20) _ Is otherwise determined by the Commission to be unsuitable for licensure.

(b) If a Licensee fails to renew its License and does not voluntarily surrender the

License, the Commission may issue a notice of expiration of the License without further

revocation proceedings.

not impair or affect the obligation of a preexisting lawful contract between the Licensee

and any Person.

(d) Revocation, suspension, cancellation, surrender, or expiration of a License shall

not affect civil or criminal liability for acts committed before the revocation, suspension,

cancellation, surrender, or expiration. Nothing in this Section precludes the Commission

from any enforcement action described under Section 10.

Procedure for Suspension or Revocation.

(a) Upon reasonable basis for belief that a violation of the Ordinance has occurred,

the Commission may either undertake an investigation of the Licensee, or serve upon

such Licensee a notice of violation.

(b) Unless exigent circumstances exist, any notice of violation or notice of

investigation, suspension, or revocation shall state the reason for the notice, and allow the

Licensee to request a hearing pursuant to Section 9.

Non-Transferable or Assignable License. A License issued pursuant to the Ordinance is

not transferable or assignable unless approved in writing by the Commission.

4.14

Jurisdiction.

(a) Jurisdiction over Members. The Tribe has jurisdiction over all Tribal Members

and Indians.

Page 9 of 26

(b) Jurisdiction over Tribal Business Entities. The Tribe has jurisdiction over all

business entities organized under Tribal law.

that are within the Tribe’s Indian lands, (ii) who enter into consensual relationships (e.g.,

commercial dealings, contracts, leases, or other arrangements) with the Tribe, its arms

and instrumentalities, businesses organized under Tribal law, and its Members; (iii) who

threaten the Tribe’s political integrity, economic security, or health and welfare; and/or

(iv) as delegated by Congress. Without limiting the foregoing:

(1) Obtaining a License pursuant to the Ordinance is consent by the Licensee or

Applicant to the Tribe’s jurisdiction and consent to the Tribe’s exercise of

jurisdiction over the Licensee in any action arising out of the Licensee’s

activities whether the Licensee or the Licensee’s activities are on or offreservation. The Commission is specifically granted authority under this

Ordinance to act on behalf of the Tribe to exercise jurisdiction over Licensees.

(2) Obtaining any Consumer Financial Services, Loan, or other product or service

authorized by this Ordinance or any duly promulgated regulation invokes and

is consent to the Tribe’s jurisdiction for the application of Tribal law,

including, but not limited to, the Ordinance, for all purposes related to the

consensual relationship.

(d) Jurisdiction over Consumer Financial Services. The Tribe has jurisdiction over

all Consumer Financial Services authorized by this Ordinance and by promulgated

regulations. The Commission is specifically granted authority under this Ordinance to act

on behalf of the Tribe to exercise jurisdiction over those engaging in Consumer Financial

Services from the Tribe’s Indian lands.

(e) Jurisdiction over Indian lands. The Tribe has jurisdiction over Indian lands as

provided for in the Tribe’s Constitution.

SECTION 5. LICENSEES

5.1

Compliance in General. Licensees of any type shall at all times comply with the

provisions of this Ordinance, rules and regulations promulgated pursuant to this Ordinance, and

all other Tribal and federal laws as applicable.

Federal Consumer Protection Laws.

(a) A Licensee shall conduct business in a manner that complies with Section 5.1

above and with all applicable federal and Tribal consumer protection law, including, but

not limited to: The Dodd-Frank Wall Street Reform and Consumer Protection Act, 12,

USS.C. § 5301 et seq., including the Consumer Financial Protection Act, 12 U.S.C. §

5481 et seq., and, the restrictions on Unfair, Deceptive, or Abusive Acts or practices, 12

USS.C. § 5531, et seq.;the Consumer Credit Protection Act, 15 U.S.C. Chapter 41,

Page 10 of 26

5:3

including the Truth in Lending Act, 15 U.S.C. § 1601 et seq., 12 C.F.R. § 226; the Fair

Credit Billing Act, 15 U.S.C. § 1666a; the Consumer Leasing Act, 15 U.S.C. § 1667 et

seq.; 12 CFR § 213 et seq.; the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., 12

C.F.R. § 222; the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq., 15 C.F.R. §

202; the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., 16 C.F.R. § 901;

and, the Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq., 12 C.F.R. § 205. Also,

the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 ef seq., 16 C.F.R. §§313 and 314; the

Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq.;

the Controlling the Assault of Non-Solicited Pornography and Marketing Act, 15 U.S.C.

§ 7701, et seq.; the Military Lending Act, 10 U.S.C § 987, 32 C.F.R. § 232; the

Servicemembers’ Civil Relief Act, 50 U.S.C. App. § 501 et seq.; the Telephone

Consumer Protection Act, 47 U.S.C. § 227, 47 CFR § 64.1200 et seg.; the Bank Secrecy

Act, 31 U.S.C. § 5311 et seg., 12 U.S.C. §§ 1829b, 1951-1959; the Anti-Money

Laundering Act, 18 U.S.C. § 1960; and, the Telemarketing Sales Rule, 16 C.F.R. § 310.

(b) This Ordinance does not waive any Licensee defenses, legal position, or serve as

consent by any Licensee related to the applicability of federal laws to the Tribe, the

Commission any Licensee, or any Consumer Financial Services.

Prohibited Acts by Licensees.

(a) A Person shall not engage in the business of Consumer Financial Services subject

to this Ordinance without first obtaining a License pursuant to this Ordinance. A Person

that engages in Consumer Financial Services without a License violates this Ordinance.

(b) A Licensee shall not:

(1) Engage in any Consumer Financial Services other than those of which it is

authorized to conduct under its License.

(2) Assess any interest, fee, or charge that is greater than any applicable

limitation, if any, prescribed in this Ordinance or promulgated regulation.

(3) Use or cause to be published or disseminated any advertisement or marketing

campaign that contains false, misleading, or deceptive statements or

representations.

(4) Engage in unfair, deceptive, abusive, or fraudulent practices, or unfair or

deceptive advertising in connection with a Loan. A Licensee violates the

requirements of this Ordinance by engaging in any act that limits or restricts

the application of this Ordinance.

(5) Make any Loan or offer any Consumer Financial Services unless the Licensee

has made a determination of the Consumer’s ability to repay.

(6) Originate any Loan or approve any Loan agreement outside the Tribe’s

Jurisdiction.

Page 11 of 26

5.4 Books, Accounts and Records: Examinations, Costs.

(a) Licensee Books, Accounts, and Records. A Licensee shall maintain all books,

accounts, and records that the Commission reasonably requires. Each Licensee shall:

qd) Ensure that the books, accounts, and records are accurate and sufficiently

detailed to comply with the Ordinance and all applicable Tribal and federal

laws.

(2) Maintain the books, accounts, and records separately from any other business

in which the Licensee is engaged and shall retain the books, accounts, and

records for at least three years.

(b) Examinations and Costs. The Commission may examine or cause to be examined

any Licensee as the Commission considers necessary which shall be no less than an

annual basis. In conducting such examination, the Commission may examine the

premises, books, accounts, and records to determine if the Licensee has complied with

this Ordinance and any promulgated regulations. The Licensee shall pay the cost of the

examination.

communications, and other documents held by a Licensee and related to Consumer

Financial Services authorized by this Ordinance are records of the Tribe.

55 Compliance Management System. Each Lender shall maintain a compliance

management system to ensure compliance with the requirements of this Ordinance and

applicable federal and Tribal law.

5.6 Annual and Monthly Reports. Each Lender shall file an annual report with the

Commission that contains information specified by the Commission. The Commission may

require monthly reports that contain information specified by the Commission.

5.7. Technology and Data Security. Each Lender shall secure all information technology

hardware and data using such levels of protection and technology that is commiserate with

recommended data security practices of the industry. Each Lender shall have all technology and

data security audited annually or more often if necessary.

5.8 | Copy of Ordinance. Each Licensee shall have a copy of this Ordinance and any

promulgated regulations readily available for inspection by any Person at each authorized

physical location and on each website.

SECTION 6. AGREEMENTS; AUTHORIZED TRANSACTIONS& PRODUCTS

6.1 All Licensees must ensure that their Consumer Financial Services, Loans, and other

transactions originate from the Tribe’s jurisdiction. All loan agreements and authorized

transactions shall be consummated from the Tribe’s jurisdiction, with the last act of any

Page 12 of 26

Consumer Financial Services, Loan, or other transaction occurring from the Tribe’s jurisdiction.

g J

6.2

Required Notices and Disclosures.

(a)

Borrower’s Rights and Responsibilities. Each Loan Agreement must contain a

notice and disclosure that advises the Consumer of their rights. The notice and

disclosures must be in a conspicuous and prominent place within the Loan Agreement

and in bold and capitalized type size no smaller than type size used elsewhere in the Loan

Agreement, and contain, at a minimum, the following information:

(1)

(2)

(3)

(4)

(6)

(7)

(8)

(A)

(B)

(C)

(D)

€)

Identify that the Lender is wholly-owned economic instrumentality of the

Tribe, formed and operates pursuant to Tribal law for the express purpose of

the economic development and betterment of the Tribe;

The Lender and the Tribe are immune from suit in any court unless the Tribe

expressly and unequivocally waives its sovereign immunity;

The Lender is regulated and licensed by Tribal law and the Commission;

The Loan is made within the Tribe’s jurisdiction and governed by Tribal law

and applicable federal law;

The Loan may have a high interest rate and is not intended as a long-term

financial solution;

Alternative forms of credit may be less expensive;

The Loan is not governed by the laws of any State and that State law may

offer interest rate limits and other consumer protections that are inapplicable

to the Consumer, the Loan, and the Lender;

Consumer’s signature and acceptance of the Loan indicates:

Consumer understands that it is in the Consumer’s best interests to

evaluate their ability to repay the Loan;

Consumer has had the opportunity to consult an independent financial

counselor;

Consumer understands that the Consumer and not the Lender, is

responsible to evaluate the Consumer’s financial options;

Consumer has read and understands the terms of the loan, including the

interest rate;

Consumer understands the inapplicably of state law;

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6.3

(b)

)

(2)

(3)

(F)

(G)

(H)

Consumer understands that the Loan is made in accordance with the terms

of a Loan Agreement that is governed by Tribal law and that, by signing

the Loan Agreement and accepting the Loan, the Consumer is consenting

to the Tribe’s jurisdiction;

Consumer consents to the dispute resolution process provided in the Loan

Agreement;

Consumer has provided current and accurate information related to the

Consumers’ employment, income, credit, and asset history;

Consumer is able to repay the loan according to the terms of the Loan

Agreement.

Right to Rescind.

Time to Rescind. A Consumer shall have the right to rescind the Loan

Agreement for at least two business days following the disbursement of funds

and otherwise as according to the terms of the loan agreement.

Repayment. Upon rescission, the Consumer must repay the full amount of the

Loan but shall not be required to pay any pre-assessed fee or other fees or

costs as set forth in the Loan Agreement. A Consumer must provide the

Lender with notice of such rescission within the timeframe established by this

Ordinance.

Right to Rescind Notice. Each Loan Agreement shall provide notice to the

Consumer in a conspicuous and prominent place on each Loan Agreement in

bold, capitalized type size no smaller than type size used elsewhere in the

Loan Agreement, of the Consumer’s right to rescind the Loan Agreement.

Commission Regulations. The Commission may promulgate regulations to control the

notices and disclosures required by this Ordinance.

6.4

Authorized Consumer Financial Services and Products.

(a)

Fully Amortizing Installment Loans. As applicable, a Loan Agreement shall

require that the Consumer pay periodic payments of an amount that the Lender and

Consumer predetermine and memorialize in their Loan agreement. Lender may

apportion those payments to account for principal and interest according to the terms of

(b)

(1)

the Loan Agreement. In no event shall a Loan include a balloon payment at maturity.

Fees and charges. Except as otherwise specified in this Ordinance, the following

fees and charges shall apply:

Interest Rate and Fees.Except as otherwise specified in this Ordinance, a Loan

Agreement may provide for the interest rate or the fee equivalent as agreed

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upon by the parties.

(2) Late Charges.A Loan Agreement may provide for a late payment charge not

in excess of an amount established by the Commission for each late payment.

Only one late payment fee may be collected for each late payment.

(3) Dishonor Item Fees.A Loan Agreement may provide that upon return of a

payment device to the Lender, the Lender may charge a fee not in excess of an

amount established by the Commission for each return item. Only one fee

may be collected for each returned payment notwithstanding multiple

presentations of payment.

agreement of the parties and may not be contradicted by evidence of prior or

contemporaneous oral agreements of the parties. Such provisions are enforceable and

disallow evidence of prior or contemporaneous oral agreements.

(d) Enforcement of rights and remedies. The Loan Agreement shall provide that in

any proceeding in which a Lender is a party and with respect to any transactions with a

Consumer under this Ordinance, the proceeding is governed by this Ordinance,

promulgated regulations, and applicable federal law. Any claims or defenses whatsoever

asserted by or on behalf of a Consumer shall be subject to the dispute resolution process

and jurisdiction agreed upon by the parties in their Loan Agreement.

(e) The Commission may promulgate regulations to authorize and control additional

Consumer Financial Services and products.

SECTION 7. TRIBAL CONSUMER FINANCE SERVICES REGULATORY

COMMISSION

7A Establishment and Purpose. The Tribal Council hereby establishes the Commission as an

independent governmental subdivision of the Tribe with autonomy and authority to regulate and

enforce this Ordinance. The Commission is charged with the implementation of the Ordinance

to ensure fair and equitable treatment of Consumers and to enforce compliance of the Ordinance

by Licensees. The Tribal Council created the Commission to operate on behalf of the Tribe for

the benefit of the Tribe, its members, and to protect Consumers.

7.2. Location and Place of Business. The Commission may maintain its headquarters

principal place of business within the Tribal offices. The Commission may establish other places

of business in such other locations as the Commission may from time to time determine to be in

the best interest of the Tribe.

7.3 Duration. The Commission shall have perpetual existence and succession in its own

name, unless dissolved pursuant to Tribal law.

7.4 Tribal Actions. The Tribe reserves to itself the right to bring a lawsuit against any Person

or governmental entity, on behalf of the Tribe, the Commission, or any Lender whenever the

Page 15 of 26

Tribe deems it necessary to protect the sovereignty, rights, and interests of the Tribe, the

Commission, a Lender, or a Consumer.

75 Sovereign Immunity.

(a) Immunity from Suit. The Commission and any Lender possess all the rights,

privileges, and immunities of the Tribe as allowed under Tribal and federal law,

including sovereign immunity from unconsented judicial or administrative process.

(b) No Waiver. Nothing in this Ordinance shall be deemed or construed to be a

waiver of sovereign immunity of the Tribe, the Commission, or any Lender.

waive its sovereign immunity by majority vote of the Commissioners, confirmed by

resolution, which then must be approved by the Tribal Council.

(1) Limited Nature to Waiver. Waivers of sovereign immunity must be specific

and limited, including limits as to duration, venue, grantee, transaction,

property or funds, if any, of the Commission.

(2) Enforcement Actions and Immunity. A Licensee’s sovereign immunity shall

not prevent, either by operation or interpretation, the Commission’s

investigations and enforcement actions described in this Ordinance.

Moreover, a Licensee’s sovereign immunity shall not prevent the Tribal

Council from taking enforcement action against Licensee when the

Commission requests or when the Tribal Council approves such action

through a formal resolution.

7.6 Sovereign Immunity of the Tribe.

(a) Immunity from Suit. With respect to the existence and activities of the

Commission, all inherent sovereign rights of the Tribe as a federally-recognized Indian

tribe are hereby expressly reserved, including sovereign immunity from unconsented

judicial or administrative process.

(b) No Waiver or Consent to Jurisdiction. Nothing in this Ordinance nor any action

of the Commission shall be deemed or construed to be a waiver of sovereign immunity of

the Tribe.

7.7 Assets of the Commission. The Commission shall have only those assets specifically

assigned to it by the Tribal Council, acquired in its name by the Tribe, or acquired by the

Commission on its own behalf. No activity of the Commission or any indebtedness incurred by

it shall implicate or in any way involve any assets of tribal members or the Tribe not assigned in

writing to the Commission.

7.8 Commissioner: Compensation, Duties.

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(a) Commissioner: Term of Office. The Commission shall be governed by

Commissioners appointed by the Tribal Council. The Tribal Council may change the

number of Commissioners by Resolution as it deems necessary. The Tribal Council shall

determine a Commissioner’s term of office.

(b) Chairman. Unless designated by the Tribal Council, the Commission shall select

a Chairman by majority vote.

time to time by the Tribal Council.

(d) Duties. The Commission shall have the following responsibilities:

qd) Oversee and have responsibility for the day-to-day operations of the

Commission, including supervision of Commission employees;

(2) Supervision of Licensees under the Ordinance; and

(3) Exercise the powers enumerated in Section 7.13 as needed and at its

discretion.

(e) Commissioner Qualifications. To be qualified for appointment as a

Commissioner, a candidate shall meet the following qualifications:

(65) The candidate shall have expertise, experience, education or a combination

thereof in financial services, finance, management, business, governmental

regulation, law, and/or Tribal policy.

(2) The candidate shall be at least twenty-one (21) years of age and show proof of

High School Diploma or equivalent.

(3) No person shall serve as Commissioner if:

(A) _ The person’s prior activities, criminal record, if any, or reputation, habits

or associations:

i. Pose a threat to the public interest; or

ii. Threaten the effective regulation and control of financial services; or

iii. Enhance the dangers of unsuitable, unfair, or illegal practices,

methods, or activities in the conduct of financial services.

(B) The person has been convicted of or entered a plea of no contest to any

crime involving breach of trust or dishonesty in any jurisdiction; or

partnership or other direct monetary or financial interest in the conduct of

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pi)

any Licensee or is in privity with a Licensee or one of its agents,

contractors, or sub- contractors; or if the candidate has any other personal

or legal relationship that places him/her in a conflict of interest with any

Licensee. For purposes of this subsection, "Immediate Family" includes

spouse or significant other, parents, children, and siblings. Ownership of a

Licensee by virtue of membership in the Tribe is not a per se monetary or

financial interest in the conduct of any Lender. A candidate must disclose

any potential conflict caused through an Immediate Family member.

After disclosure, a conflict may be waived by the Tribal Council provided

that appropriate safeguards are put in place to ensure impartiality.

(D) The person would not comply with Section 7.11 if appointed to the

Commission.

Meetings. The Commission shall hold meetings as necessary to fulfill its duties. The

Commission shall hold or participate in such meetings with the Tribal Council as are necessary

and appropriate. The Commission may meet in an Executive Session when necessary to protect

confidentiality.

7.10 Prohibited Acts. Commissioner and Commission employees shall not do any of the

following with respect to any Licensee:

7AL

(a) Be indebted, either directly or indirectly, as borrower, accommodation endorser,

surety, or guarantor to any Licensee.

(b) Be an officer, director, or employee of any Licensee.

officer, director, or employee of any Licensee any salary, fee, compensation, or other

valuable thing by way of gift, donation, credit, or compensation for services or otherwise;

except that a Commissioner or Commission employee is permitted to receive a pro-rata

share of revenue that has been generated by a Lender and is distributed among all eligible

Tribal members by virtue of membership in the Tribe.

Removal of Regulatory Commissioner; Vacancy.

(a) Removal. A Commissioner may be removed by the Tribal Council for the

following reasons: serious inefficiency, neglect of duty, malfeasance, misfeasance,

nonfeasance, misconduct in office, or for any conduct which threatens the honesty and

integrity of financial services or the Commission or violates the letter or intent of this

Ordinance. Before removal, such Commissioner shall be (a) granted a hearing before the

Tribal Council, and (b) given a written notice of the specific charges against him or her at

least ten (10) Business Days prior to such hearing. Any basis for removal must be

substantiated by a preponderance of the evidence. A Commissioner subject to removal

will be given an opportunity to provide evidence rebutting the grounds for their proposed

removal before the removal is considered. A Tribal Council decision to remove a

Commissioner is not appealable.

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(b) Vacancy. If there is a vacancy on the Commission, the Tribal Council may

appoint another qualified Tribal member to fill the position. The term of office of the

person appointed to fill the vacancy shall be for the balance of the unexpired term for the

position.

712 Powers of the Commission. The Commission has the power to discharge all duties

imposed by this Ordinance and its associated regulations including but not limited to:

(a) Receive and act on complaints, take action designed to obtain voluntary

compliance with this Ordinance, or commence proceedings on its own initiative.

(b) Counsel Licensees on their rights and duties under this Ordinance.

(d) Make studies appropriate to effectuate the purposes and policies of this Ordinance

and make the results available to the public.

(e) To promulgate, adopt, and enforce regulations and rules furthering the purpose

and provisions of this Ordinance.

( To examine, inspect, or investigate the place of business, equipment, facilities,

tangible personal property and the books, records, papers, vouchers, accounts, documents

and financial statements of any Licensee or Person engaging or participating in, or

suspected to be engaging or participating in, Consumer Financial Services to ensure

compliance with this Ordinance or any order of the Commission; to determine whether

any Licensee has engaged, is engaging or is about to engage in any act, practice or

transaction that constitutes an unsafe or unsound practice or violation of this Ordinance

or any order of the Commission; or, to aid in adopting rules or regulations pursuant to

this Ordinance.

(g) To establish procedures designed to permit detection of any irregularities, fraud,

or the like.

(h) Upon prior explicit resolution and approval of the Tribal Council, to employ such

advisors as it may deem necessary at rates to be set by the Commission in its reasonable

discretion. Advisors may include, but are not limited to, lawyers, accountants, law

enforcement specialists, and financial services professionals.

(i) To accept, review, approve, or deny any Application for a License, including

conducting or arranging for background investigations of all Applicants.

Gg) To examine under oath, either orally or in writing, in hearings or otherwise, any

Licensee or Person with respect to any matters related to this Ordinance and to compel by

subpoena the attendance of witnesses and the production of any books, records, and

papers with respect thereto. Upon refusal to appear or produce, the Commission may

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7.13

apply to a court of competent jurisdiction to compel appearance or production.

(k) To discipline any Licensee for violation of this Ordinance by ordering immediate

compliance, issuing fines and sanctions, and suspending or revoking any License after

affording a hearing and due process. If a Person fails to pay fines and sanctions, the

Commission may impose a lien in the amount of such fine and costs upon all assets and

property of such Person within the jurisdiction of the Tribe and may be recovered in a

civil action by the Commission. Failure of the Person to pay such fine and costs shall

constitute a separate violation of the Ordinance.

() To sue in courts of competent jurisdiction within the United States; provided that

no suit shall be brought by the Commission without the prior explicit written approval of

the Tribal Council.

(m) To arbitrate, compromise, negotiate, or settle any dispute to which it is a party

relating to the Commission's authorized activities, subject to any approval of the Tribal

Council that may be required by the Tribal Council.

(n) To adopt a schedule of fees for: the processing, issuance, and renewal of Licenses,

including fees or charges associated with conducting background checks; for reasonable

examinations of Lenders; and for services rendered relating to transcripts and the

furnishing or certifying of copies of proceedings, files, and records and to impose the

forgoing fees as applicable.

(0) To establish and maintain such bank accounts as may be necessary or convenient.

(p) To make such findings as may be necessary to implement the Commission's

duties and powers, with such findings to be given deference as the legally binding

findings of a governmental entity.

(q) To enter cooperative arrangements and to coordinate enforcement activity with

other Tribal, Federal, or State regulatory agencies.

(x) The Commission is prohibited from managing the day-to-day operations of a

Licensee.

Annual Budget. The Commission shall prepare an annual operating budget for all

Commission activities and present it to the Tribal Council no less than thirty (30) Business Days

before the commencement of each operating year.

7.14 Commission Regulations.

(a) Regulations necessary to carry out the implementation and orderly performance of

the Commission's duties and powers shall include, but shall not be limited to, the

following:

(1) The making of findings or other information required by or necessary to

Page 20 of 26

(2)

G3)

(G)

(b)

follows:

qd)

G3)

(4)

(6)

implement this Ordinance;

Interpretation and application of this Ordinance, as may be necessary to

enforce the Commission's duties and exercise its powers;

A regulatory system for overseeing Consumer Financial Services, including

accounting, contracting, management and supervision;

The conduct of inspections, investigations, hearings, enforcement actions and

other powers of the Commission authorized by this Ordinance; and

Specification of the amount and the schedule of applicable Licensing and

examination fees that shall be imposed by the Commission.

Promulgation of Regulations. The Commission may promulgate regulations as

The Commission may propose a regulation at any time. A Licensee may

propose a regulation by submitting a written request and draft of the proposed

regulation to the Commission.

Before promulgating any regulation, the Commission will notify the Tribe and

all Licensees of the proposed regulation by publishing notice on the

Commission website or by other means determined to ensure timely notice.

Such notification will include a description of the regulation and the reason

for its considered implementation.

After notice is sent, the Commission will allow a reasonable time for any

Licensee to submit written comments on the proposed regulation that support,

oppose, or suggest amendments.

After the comment period has expired, the Commission will either: amend the

proposed regulation and allow a new comment period; promulgate and publish

the proposed regulation with a separate written response to any comments; or,

decline to promulgate the regulation. The Commission shall send notice to

the Tribe and Licensees of its decision.

The Tribal Council may promulgate or rescind any regulation at any time by

majority vote. The Tribal Council is in no way bound by this Section.

Only regulations promulgated by the Commission in accordance with this

procedure or by the Tribal Council will be enforceable by the Commission.

7.15 Regular Reports to the Tribal Council. The Commission shall file regular reports with

the Tribal Council updating the Tribal Council on issues, if any, related to Licensees and

providing additional information and comment that it deems necessary to keep the Tribal

Council fully informed as to the status of the Commission's activities.

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7.16 Tribal Records.All books, accounts, records, agreements, reports and audits,

communications, and other documents held by the Commission are records of the Tribe.

7.17 Public Access. The Commission shall make this Ordinance, promulgated regulations,

licenses, and other information as determined appropriate for publication available to the public

on the Commission website, by other public posting, or directly to the public upon request.

SECTION 8. CONSUMER COMPLAINT PROCEDURE.

8.1 General Principles. The Tribe values its Consumers and will timely address questions,

concerns, issues, and complaints raised by Consumers in a fair and orderly manner.

8.2 Consumer Complaint Procedure.

(a) The Commission shall establish an intake process to receive and direct Consumer

complaints to the appropriate Licensee.

(b) Within 30 days of receipt of any Consumer complaint, the Licensee shall attempt

to resolve the complaint and inform the Consumer in writing of a proposed resolution. A

Licensee may have longer than 30 days upon good cause shown that efforts to resolve the

complaint are underway.

Consumer complaint in any manner that it chooses, including but not limited to document

review, interviews, compelling sworn statements, conducting depositions, and other

means of obtaining information. In each instance, the Licensee must cooperate with the

Commission and must provide such information and documents as the Commission

deems necessary.

(d) After reviewing the Consumer complaint, investigation results, and any other

evidence, the Commission shall communicate its decision on the complaint to the

Licensee, and may, when appropriate, issue a Notice of Violation under Section 9.

8.3 Final Decision. Unless otherwise authorized by promulgated regulation or by the Tribal

Council, the Commission’s decision with respect to a complaint is final.

8.4 Regulations. The Commission may promulgate regulations to further govern the

Consumer complaint procedure.

SECTION 9.COMMISSION INVESTIGATIONS; HEARINGS.

91 Investigations, Right of Entrance.

(a) Investigations. The Commission may investigate and examine the operation and

premises of any Licensee or Person engaging in, or suspected to be engaging in,

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Consumer Financial Services or other related activity.

(1) In undertaking such investigations, the Commission may request the

assistance of federal or local law enforcement officials, legal counsel and/or

other third parties.

(2) In conducting such investigation, unless exigent circumstances exist, the

Commission shall make no order or final decisions without affording any

affected party notice and a hearing pursuant to this Ordinance.

(3) This power to investigate does not authorize the Commission to manage the

day-to-day operations of a Licensee.

(4) All investigations, information obtained during an investigation, and findings

are confidential and remain confidential unless or until disclosed by the

Commission, including disclosure by notice of violation or enforcement

action, or by the Tribal Council.

(b) Right of Entrance. The Commission and duly authorized employees or agents of

the Commission may enter upon any premises of any Licensee during the Licensee’s

regular business hours, or of any Person engaging in or suspected to be engaging in

Consumer Financial Service sor other related services, for the purpose of making

inspections and examining the accounts, books, papers, and documents related to

Consumer Financial Services or other related services related.

engaging in Consumer Financial Services or other related services related give every

reasonable aid to the Commission and to any properly authorized officer or employee.

Notice and Opportunity to Cure; Due Process; Hearings: Examiner.

(a) Notice of Violation. If the Commission believes that any Licensee or Person has

engaged in or is about to engage in any act or practice constituting a violation of the

Ordinance or the Commission’s promulgated regulations, the Commission may issue a

notice of violation, which may include a cease and desist order, and provide the violator

an opportunity to cure the violation.

(1) Notice. Upon discovery of a violation, the Commission shall promptly serve a

notice with an explanation of the reasons the notice was issued, a timeframe

for compliance or to otherwise cease any violation, and detail any

consequences or enforcement actions for noncompliance.

(2) Request for Hearing. A Licensee or Person may request a hearing, in writing,

within fifteen (30) Business Days after the notice was issued.

(3) Upon receipt of a written request for a hearing, the Commission shall set a

hearing within a reasonable time or at an agreed upon time and send notice to

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(4)

(b)

the requestor. A notice of hearing shall specifically identify the issues to be

heard, and the date, time, and location at which a hearing shall be conducted.

If a hearing is not requested within fifteen (30) Business Days after a notice is

served, the Commission may issue an order confirming the violations in the

notice and impose any applicable enforcement action, which shall remain in

effect until modified or vacated by the Commission.

Vacatur or Modification of Cease and Desist Order. The Commission may

vacate or modify a notice of violation or an order if it finds that the conditions

supporting the notice or order have changed or that it is otherwise in the

public interest to do so.

Hearing. At the hearing, the Commission shall serve as an adjudicative panel and

preside over the hearing.

(1)

(3)

(4)

(©)

The affected parties shall be provided the opportunity to present oral or

written testimony and shall have an opportunity to cross-examine opposing

witnesses.

The hearing shall be governed in all respects in accordance with Tribal law

and Commission regulations.

No Commissioner may be called to testify at a hearing conducted under this

section.

Examiner. If necessary, the Commission shall identify an examiner to

represent the Commission at a hearing, including appointing an examiner

qualified in the law or possessing knowledge or expertise in the subject matter

of the hearing. Any such appointment shall include the scope of the

delegation and be disclosed to the affected parties at least ten (10) Business

Days before the hearing.

Decision. The Commission shall issue a written decision to all affected parties

within thirty (30) Business Days after the hearing. The Commission may confirm or

withdraw any notice of violation, remove or extend an order, confirm the denial of an

Application, suspend or revoke a License, and order fines, penalties or other relief. For

Consumer disputes, the Commission may grant or deny any relief as the Commission

deems appropriate.

SECTION 10. ENFORCEMENT

Jurisdiction. In addition to Section 4.14, the Commission shall have jurisdiction over all

violations of this Ordinance and with respect to any conduct governed in this Ordinance or with

respect to any claim arising from a transaction subject to this Ordinance.

10.2 Guidelines. When imposing any administrative remedy or penalty allowed under this

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Ordinance, the Commission shall take into account the appropriateness of the remedy or penalty

with respect to the size of the financial resources and good faith of the violator, the extent to

which the violation was intentional, the gravity of the violation, the history of previous

violations, and such other matters as justice may require.

10.3. Civil Violations. Any Person who violates or fails to comply with any provision of this

Ordinance or who fails or neglects to comply with any final order of the Commission may be

charged with a violation and given due process pursuant to Section 9. If the Person is found to

have committed a violation, in addition to equitable remedies, the Person may be required to pay

a civil fine to the Commission not to exceed an amount allowed by any applicable Tribal or

federal law.A violation or series of violations related to the same act or omission may be treated

as one Violation.

(a) A Licensee found responsible for a violation pursuant to this Section may also be

subject to revocation of its License.

(b) If an officer or agent of a Licensee participates in a violation of this Ordinance,

then the Commission may immediately revoke the Licensee’s License.

Commission may immediately ban the Vendor from operating within the Tribe’s

jurisdiction and may require other Licensees working with such Vendor to show cause

why they should not be held accountable and disciplined for the Vendor’s conduct.

10.4 Cumulative Fines. All civil fines accruing under this Ordinance shall be cumulative and

a suit for the recovery of one fine shall not bar or affect the recovery of any other fine, judgment,

penalty, forfeiture, or damages nor bar the power of a court of competent jurisdiction to enter an

order of contempt, nor bar any criminal prosecution against any officer, director, agent, or

employee of any Licensee or any other Person.

10.5 Purpose of Civil Penalties. The civil fines imposed under this Ordinance are intended to

be remedial and not punitive. Such fines are designed to compensate the Tribe for the damage

caused to its peace, security, economy, and general welfare, while also compensating the Tribe

for harm caused by violations of this Ordinance or the actions of a Licensee.

10.6 Civil Action for Penalties. In enforcing the civil violations under this Ordinance, with

express approval by the Tribal Council, the Commission may proceed against a Person by civil

complaint in a court of competent jurisdiction.

10.7 Seizure and Forfeiture of Property. Property of a Licensee or Person utilized in violation

of this Ordinance shall be subject to seizure and forfeiture by order of the Commission pursuant

to such implementing regulations as the Commission shall promulgate.

10.8 Payment of Fines and Penalties.Civil penalties, administrative fines, and other fines or

penalties provided for in this Ordinance shall in all cases be paid directly to the Commission.

The Commission shall deposit such proceeds into an account or fund designated by the Tribal

Council.

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10.9 Nothing in this Section precludes the Commission from any suspension or revocation

action authorized under Section 4.12.

Page 26 of 26

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.