15.01.040 Tribal Hemp Compliance Office

(a) Establishment of Office.

(1) The Tribe hereby establishes a Hemp Compliance Office ("HCO") within the Tribe's government structure to regulate hemp production and administer this chapter.

(b) Powers and Duties of HCO.

(1) Review, process and approve or deny all hemp production licenses.

(2) Develop policies, procedures, protocols and forms necessary to carry out this chapter.

(3) Issue hemp licenses and take any and all actions including, but not limited to, suspension, revocation, renewal or non-renewal of such licenses.

(4) Inspect and monitor hemp production operations, facilities and grow sites including sampling, testing and inspections.

(5) Collect and maintain all required records related to hemp production and submit all required reports to the Tribal Council, law enforcement agencies and the USDA.

(6) Investigate potential violations and wrongdoing associated with hemp production and report any potential criminal violations to the Tribe's General Counsel, law enforcement agencies and USDA.

(7) Enforce the regulations, impose and collect fees and/or penalties.

(8) Ensure that the Tribe's hemp program complies with all mandatory requirements in the Farm Bill and other applicable federal law.

(1) The HCO shall make all final administrative decisions under this chapter including, but not limited to, approval and denial of license applications, renewal and non-renewal of licenses, revocation or suspension of licenses and issuing administrative orders to enforce this chapter.

(2) The HCO will provide notice and an opportunity to be heard, including a hearing if necessary, to the affected party.

(3) The HCO will make its decisions based upon the administrative record presented and, where appropriate, issue its decision in writing.

(d) Tribal Court Review.

(1) Final decisions of the HCO may be appealed to the Saint Regis Mohawk Tribal Court (trial, not appellate division).

(2) The appeal shall be filed with the Tribal Court Clerk within thirty (30) days of the date of the HCO's decision.

(3) The Tribal Court will review the appeal based upon the administrative record and make its decision based upon the "arbitrary and capricious" standard of review.

(4) The Tribal Court's decision shall be final and non-appealable.

(e) Fees.

(1) The HCO may collect fees that are reasonably related to the costs of regulation including, but not limited to, application fees, the cost of pre-and post-harvest sampling and laboratory testing.

(2) If fees are not paid within 30 days when such fees are due that will be considered a violation of the producer's license and subject the producer to penalties and enforcement provisions contained herein.