writing a hearing before the Commission on the matter. This time may be shortened in the
Director’s discretion should he feel irreparable harm will occur should the violation continue.
If the violator refuses to comply with requirements within the time imposed by the Director
and has not requested a hearing before the Commission on the matter pursuant to Section
6.2(c) the Director may seek to impose one or more penalties below upon said violator.
After being fully advised on the matter, the Commission may issue an order imposing such
penalties it deems necessary.
Said order shall constitute a final decision of the Commission and can be appealed only
pursuant to Section 8.0 below.
7.2
ENFORCEMENT
Any employer, contractor, sub-contractor or union who is found in violation of this Ordinance or
Rules, Regulations or Orders of the Commission or the Director shall be subject to the following
penalties for such violations:
7.3
PENALTIES
a) Denial of right to commence or continue business inside the Reservation.
b) Suspension of operations inside the Reservation.
c) Payment of back pay and damages to compensate any injured party.
d) An order to summarily remove employees hired in violation of this Ordinance or rules,
regulations or orders of the Commission or the Director.
e) Imposition of monetary civil penalties.
f)
Prohibition from engaging in future operations on the reservation.
g) An order requiring changes in procedures and policies necessary to eliminate the
violation(s).
h) An order requiring employment, promotion and training of Indians injured by the violation.
i)
An order making any other provision deemed by the Commission necessary to alleviate,
eliminate, and compensate for any violation(s).
j)
Imposition of a one-time 10% penalty fee on all amounts due on monetary judgments
ordered by the Commission if not paid by the employer within 30 days of the initial
judgment. If said judgments are to paid within 60 days of the initial billing, the employer will
be assessed a one-time 30% penalty fee in addition to the 10% referred to above. After 60
days, interest will accrue at the rate of 1% per month on any unpaid balance.
k) If enforcement and collection action becomes necessary for any Commission order, the
Respondent shall pay all attorney fees and costs incurred in such proceeding.
The maximum penalty which may be imposed is $5000.00 for each violation. Each day during which a
violation exists shall constitute a separate violation.
SECTION 8.0 APPEALS
8.1
RIGHT TO APPEAL
414
Revised Spokane Law & Order Code, 5/14/2013