Any party to a hearing shall have the right to appeal any decision of the Commission to the Spokane
Tribal Court by filing a Notice of Appeal with the said Court within 20 days of the Final Decision of
the Commission.
8.2
SCOPE OF REVIEW
The Tribal Court shall uphold the decision of the Commission unless it is demonstrated that the
decision of the Commission is arbitrary, capricious, unsupported by the weight of the evidence or in
excess of the authority of the commission.
8.3
METHOD OF APPEAL
The appeal shall be taken by serving a written Notice of Appeal with the Tribal Court, with a copy to
the Director within 20 days after the date of the entry of the order. The Notice of Appeal shall:
a) Set forth the order from which appeal is taken;
b) Specify the grounds upon which reversal or modification or order is sought; and
c) Be signed by appellant.
8.4
ABATEMENT OF ORDER ON APPEAL
Except as provided below, the order of the Commission shall not abate pending the outcome of the
appeal in Tribal Court. If the order of the Commission is reversed or modified, the Court shall by its
mandate specifically direct the Commission as to further action in the matter, including making and
entering any order or orders in connection therewith and the limitations or conditions to be
contained therein.
8.5
BOND ON APPEAL
The Director may petition and, for good cause shown, the Court may order the party requesting a
hearing to post a bond sufficient to cover monetary damages that the Commission previously
assessed against the party or some other amount to assure the party’s compliance with other
sanctions or remedial actions imposed by the Commission’s order if that order is upheld by the
Court.
8.6
SECURITY FOR COMPLIANCE
If the Commission, in its discretion, has reason to believe a party will remove itself or its property
from the jurisdiction of the Commission or the Tribal Court during any stage of an enforcement
action, the Commission may petition the Tribal Court pursuant to the rules and procedures of the
Court to attach such property as necessary to ensure payment of any fees or damages owed or to
secure compliance or for such other relief as is necessary and appropriate to protect the rights of the
Commission and other affected parties.
SECTION 9.0 CONFISCATION AND SALE
9.1
PURPOSE OF PROCEDURE
a)
If a party as has failed to pay monetary damages imposed on it or failed to otherwise comply
with an order of the Commission within 21 days after its decision and no appeal has been
filed, the Commission may petition the court to order the Tribal police to confiscate, and hold
for sale, such property of the party as is necessary to ensure payment of said monetary
damages or to otherwise achieve compliance.
b)
Said petition shall be accompanied by a list of property belonging to the party which the
Commission has reason to believe is within the jurisdiction of the Tribal Court, the value of
which approximates the amount of monetary damages at issue. If the Court finds the petition
to be valid, it shall order the Tribal police to confiscate and hold said property. The Tribal
police shall deliver in person or by certified mail a notice to the party informing it of the
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Revised Spokane Law & Order Code, 5/14/2013