infraction;
(7) a statement notifying the person that they may subpoena witnesses, including the
Director;
(8) a statement that the person who the Director has served with the Notice of Infraction
shall sign, that the person promises to respond to the Notice of Infraction in 1 of the
ways provided in this Title;
(9) a statement that refusal to sign the infraction, as directed in subsection 44-16.04(8),
does not affect the validity of the infraction nor deprive the Spokane Tribal Court of
personal and subject matter jurisdiction to adjudicate the infraction; and
(10) a statement that a licensee’s failure to respond to a Notice of Infraction shall result in a
determination that the infraction was committed and shall result in the assessment of
the penalty set forth in the infraction.
(b) Unless contested in accordance with this Title, the notice of infraction represents a determination
that the infraction was committed.
Legislative History - Adopted 12/04/07, Resolu 2008-071
Section 44-33 Responses and Appeals
44-33.01 Response To Notice of Infraction.
(a) A person who is issued a Notice of Infraction shall respond within 20 days of the date of
issuance of the Notice of Infraction.
(b) If the person named in the Notice of Infraction does not elect to contest the Notice of Infraction,
the licensee shall pay to the Spokane Tribe, by check or money order, the amount of the penalty
prescribed for the infraction.
(c) If the Director receives a response that does not contest the Notice of Infraction, but that
includes payment of the appropriate penalty, the Director shall make the appropriate entry in
the records and close the matter.
(d) If the person named in the Notice of Infraction elects to contest the Notice of Infraction, the
person shall respond by filing a Notice of Appeal to the Spokane Tribal Court specifying the
grounds for the appeal.
(e) If any person issued a Notice of Infraction fails to respond within 20 days of the issuance of the
infraction, the person shall be deemed to have admitted to committing the infraction and shall
be liable for the penalty set forth in the notice of infraction.
Legislative History - Adopted 12/04/07, Resolu 2008-071
44.33.03 Appeal Procedure.
(a) A hearing held for the purpose of contesting the determination that an infraction has been
committed shall be without a jury.
(b) The Court may consider the Notice of Infraction and any other written report made under oath
and submitted by the Director, or the written statement of the Director that was the basis for
the issuance of the notice, in lieu of the Director’s personal appearance at the hearing.
(c) The Office of the Spokane Tribal Attorney may represent the Director.
(d) The person may subpoena witnesses, including the Director, and has the right to present
evidence and examine witnesses present in Court.
(e) The burden of proof is upon the Director to establish the commission of the infraction by a
preponderance of the evidence.
(f) After consideration of the evidence and argument, the Court shall determine whether the person
committed the infraction.
(g) Where it is not established that the infraction was committed, the Court shall issue an order
dismissing the Notice.
(h) Where it is established that the person committed an infraction, the Court shall issue an
appropriate order.
(1) The final order shall include findings showing that:
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Revised Spokane Law & Order Code, 5/14/2013