(b) In fixing the amount of the civil fine, the Commission shall consider, and expressly address in
writing, if known, each and all the following criteria:
(1) the good or bad faith of the licensee;
(2) the injury to the public resulting from the violation;
(3) the benefits derived by the violator as a result of the violation;
(4) the violator’s ability to pay;
(5) the administrative costs of prosecution; and
(6) the deterrent effect the fine will have on the violator and others and the need to
vindicate the Commission’s authority and the integrity of its orders.
31-5.03 Removal and Exclusion of Non-Indians.
(a) If any non-Indian entity has its license revoked, fails to comply with any order of the
Commission, or fails to appear for any hearing, the Director may petition the Tribal Court for an
exclusion of the entity in accordance with the Spokane Law and Order Code.
(b) Proof of license revocation, a finding of failure to comply with a Commission order, or failure to
appear for a hearing after notice as provided in this Code, shall constitute sufficient grounds for
exclusion.
(c) Other applicable remedies under Tribal, federal or state law shall also be available as necessary
to the Director to enforce the provisions of this Code.
31-5.04 Other Remedies.
(a) The Director may petition the Tribal Court for other remedies not provided for in this Code which
are necessary to enforce its provisions, including but not limited to, declaratory relief, temporary
restraining orders, and preliminary and permanent injunctions.
(b) The Director may also petition the applicable state court for writs of execution to enforce a final
order of Tribal Court off-Reservation. The final order must include findings showing that:
(1) the Tribal Court had jurisdiction over the subject matter and the parties;
(2) the decree was not obtained fraudulently;
(3) the defendant was afforded due process, and,
(4) the judgment was consistent with the public policy of the Tribe.
31-5.05 Appeals.
(a) Any person against whom the Commission has imposed any sanction as authorized by this Code
may appeal to Tribal Court for appropriate relief in accordance with the Appellate Procedure
under the Spokane Law and Order Code, except that the Tribal Court shall serve as the
Appellate Court.
(b) Findings of fact of the Commission shall not be disturbed unless found to be clearly erroneous.
(c) The standard of review shall be that the Commission’s order will be disturbed only on a finding
that it was arbitrary, capricious, or not supported by the law.
(d) The reviewing court may resort to procedures and remedies under the Administrative
Procedures Act as implemented and enforced by federal agencies and courts.
(e) Notwithstanding other provisions to the contrary under the Spokane Law and Order Code,
enforcement of Commission orders for the assessments of fines shall be stayed pending appeal
only upon the posting of a bond in Tribal Court in an amount equal to the fine.
(f) License revocations shall not be stayed unless by expedited hearing the licensee can
demonstrate to the Tribal Court by a preponderance of the evidence that the harm caused the
licensee as a result of the revocation exceeds the potential harm caused the public by continued
operation of the business.
(g) The Tribal Court may require the posting of an additional bond if a stay of the revocation is
ordered pending appeal in a reasonable amount designed to protect the public from potential
harm, not to exceed $3,000.
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Revised Spokane Law & Order Code, 5/14/2013