shall be held no later than 48 hours, excluding weekends and holidays, from the time of submission
of the Notice of Appeal and Request for Expedited Hearing to the Tribal Court.
(f) The filing of a Notice of Appeal and Request for an Expedited Hearing shall not stay the effect of
the Case and Desist Order.
(g) Cease and desist orders shall be adjudicated as notices of infraction pursuant to Chapter 44-17,
hereof.
(h) If the Director reasonably determines that a person is selling cigarettes without a Spokane Tribe
Cigarette Outlet License, the Director shall issue a cease and desist order pursuant to this
Section.
Legislative History - Adopted 12/04/07, Resolu 2008-071
44-31.03 Infractions.
(a) Any violation of this Code shall constitute a civil infraction.
(b) The Director may issue a Notice of Infraction if the Director reasonably believes that a person
has committed an infraction under this Code.
Legislative History - Adopted 12/04/07, Resolu 2008-071
44-31.05 Sovereign Immunity; Tribal Retailer Employees.
(a) All Tribal Retailers shall act in conformity with the requirements of this Title and the
requirements of the Agreement.
(b) Any person employed by the Tribe to work for or manage a Tribal Retail Establishment is
directed to comply with the requirements of this Title and the requirements of the Agreement.
(c) Any person employed by the Tribe to work for or manage a Tribal Retail Establishment who does
not comply with the requirements of this Title, or with the requirements of the Agreement,
hereby is determined to not be acting within his official capacity or within the scope of the
employee’s authority.
(1) The Sovereign Immunity of the Tribe shall not extend to a person employed by the
Tribe to work for or manage a Tribal Retail Establishment when such person does not
act within their official capacity or within the scope of their authority.
(2) The STCTED is authorized to issue a notice of infraction to any person employed by the
Tribe to work for or manage a Tribal Retail Establishment who violates any provision of
this Title.
Legislative History - Adopted 12/04/07, Resolu 2008-071
44-31.07 Infractions; Issuance.
(a) The Director shall serve a Notice of Infraction issued under this section:
(1) by personal service upon the person who has committed the infraction; or
(2) by certified mail directed to the person who has committed the infraction.
(b) If the Director personally serves a Notice of Infraction upon an employee, the Director, within 14
days, shall send a copy of the notice of infraction by certified mail to the Manager of the Tribal
Retail Establishment or to the holder of the Spokane Tribe Cigarette Outlet License.
Legislative History - Adopted 12/04/07, Resolu 2008-071
44-31.09 Infractions; Form.
(a) The form of a Notice of Infraction issued under this Code shall include the following:
(1) a statement that the Notice represents a determination that the person has committed
an infraction named in the notice, and that the determination shall be final unless
contested as provided in this Title;
(2) a statement that the infraction is a noncriminal offense for which imprisonment shall not
be imposed as a sanction;
(3) a statement of the specific violation that necessitated issuance of the infraction;
(4) a statement of the penalty involved if the infraction is established;
(5) a statement of the options provided in this Title for responding to the Notice and the
procedures necessary to exercise those options;
(6) a statement that, at any hearing to contest the Notice of Infraction, the Director has the
burden of proving, by a preponderance of the evidence, that the person committed the
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Revised Spokane Law & Order Code, 5/14/2013