CHAPTER 13-3
SANCTIONS

13-3-1 Revocation of License; Failure to Obtain License; Show Cause Hearing.

(A)    Whenever it is brought to the attention of the Tax Commission that any person is in non-compliance with any condition of his license or has failed to obtain a license as required by this Title, the Tax Commission may serve upon such person or any agent of such person an order to show-cause why his license should not be revoked or why he should not be enjoined from doing business on the Reservation without a license. Such notice shall state the reason for the order, the time and place for the show cause hearing before the District Court, and that the person shall have an opportunity or present testimony and cross examine opposing witnesses and to present any other evidence which he shall deem appropriate as to why a revocation order or an injunction should not be issued. The hearing shall be set for a time not exceeding thirty (30) days and not less than twenty (20) days from the date of the notice. The hearing shall be governed in all respects in accordance with the Rules of Procedure of the District Court.

(B)    In the event it is determined that any person’s non-compliance with this Title is a direct and immediate threat to the peace, safety, morals, or general welfare of the residents of the Reservation, the Tax Commission shall issue a cease and desist order which shall be served upon the person or any agent of the person. The person shall cease and desist business immediately upon service of the order and may file a notice of appeal with the District Court within thirty (30) days from receipt of the cease and desist order.

13-3-2 Civil Penalties and Restitution.

(A)    If it is determined that any person failed to comply with the conditions of his license or failed to secure a license within the time requirements of this Title, the Tax Commission may bring an action in the District Court for an order requiring the person to appear and show cause why a monetary penalty should not be imposed and restitution should not be ordered; provided, the amount of the penalty shall not exceed $1,000.00 for each violation.

(B)    The Tax Commission may submit a recommendation to the District Court regarding any restitution which the person should pay to any person or persons injured by his failure to comply with the conditions of his license or his failure to secure a license within the time requirements of this Title.

(C)    The Tax Commission may submit a recommendation to the District Court regarding the amount of any civil penalty which the person should pay for failure to comply with the conditions of his license or failure to secure a license within the time requirements of this Title.

If the Tax Commission submits a suggested penalty amount, the Tax Commission shall expressly address in writing each and all of the following criteria:

(1)    the good or bad faith of the violator;

(2)    the injury to the public resulting from the violation;

(3)    the benefits derived by the violator from the violation;

(4)    the violator’s ability to pay;

(5)    the administrative costs of prosecution; and

(6)    the need to deter similar behavior by the violator and others and to vindicate the Tribe’s authority and the integrity of the Tax Commission’s orders.

The purpose of the civil penalty provided for herein shall primarily to defray the costs of administration and enforcement of this Title, and secondarily, to deter continued violations of this Title by the violator or others; provided, however, that all funds collected by the District Court under this section shall be subject to disposition by the Council.

13-3-3 Removal and Exclusion of Non-Indians.

In addition to the civil penalties and other remedies provided herein, the District Court may order any person in violation of this Title excluded from Potawatomi Indian land, and may direct the Tribal Police to remove such person from Potawatomi Indian land in accordance with Title 14.

13-3-4 Other Remedies.

In addition to the civil penalties and other remedies provided herein, the Tax Commission may petition the District Court for any remedy provided in this Code which is necessary to enforce the provisions of this Title, including but not limited to a temporary restraining order and a preliminary or permanent injunction. The Tax Commission may also petition a court of competent jurisdiction for a writ of execution to enforce an order, judgment or decree of the District Court off-Reservation. The order, judgment or decree must include findings showing:

(A)    the basis for the District Court’s jurisdiction over the subject matter and the parties;

(B)    the order, judgment or decree was not obtained fraudulently; and

(C)    the defendant was afforded due process.

(Title 13 enacted by PBP TC No. 92-57, November 18, 1992)