15.03.050 Akwesasne Public Health Authority

(a) The Tribal Council establishes the Akwesasne Public Health Authority ("Authority") as the regulatory body to administer the provisions of this chapter.

(b) The powers and duties of the Authority shall include, but not be limited to:

(1) Administer the provisions of this chapter including making and enforcing all decisions of the Authority;

(2) Accept, review, approve, or disapprove applications required under this chapter including, but not limited to, applications for registration of certified patients, practitioners, registered entities;

(3) Impose and collect any fees or fines necessary to the regulation of the Ordinance;

(4) Adopt regulations and rules after consultation with the Advisory Board;

(5) Issue orders required under the Ordinance including, but not limited to, orders to: cease and desist, closures of facilities, suspension and revocation of licenses as necessary to protect public safety;

(6) Monitor and regulate all activities of registered entities;

(7) Inspect and examine all facilities, buildings, real property used in manufacturing and dispensing of medical marijuana products; and

(8) Keep accurate records of all matters within the duties of the Authority.

(c) The Authority shall have three (3) Members with one member serving as Chairperson. Each member shall be appointed by the Tribal Council, and shall serve staggered four-year terms Tribe.

(d) Qualifications for Members of the Authority shall be as follows:

(1) Must be a member of the Saint Regis Mohawk Tribe;

(2) Must be at least twenty-five (25) years old (on date of appointment);

(3) Must possess good moral character and not have been convicted of a serious crime as defined in the Tribe's Election and Referendum Ordinance, as amended;

(4) Must pass a background check administered by the Tribe and/or Tribal Police;

(5) Must be willing and capable of maintaining communications through technology (email, texts, mobile phone) so as to be accessible to the Authority;

(6) At least one member of the Authority shall have experience and expertise in public health, public Safety, and/or health care.

(e) The Authority may receive staff assistance from tribal agencies and departments including the Tribal Compliance Department.

(f) Subject to Tribal Council approval, the Authority may also negotiate cooperative agreements with state and federal governments on matters that are in the best interest of the Tribe and its members to ensure a lawful and well-regulated marijuana market. Such agreements will be submitted to the tribal membership under the Tribal Procedures Act for public comment before finally approved by the Tribal Council.

(g) Any person or entity aggrieved by a final, appealable decision of the Authority may seek review in the Saint Regis Mohawk Tribal Court under the Saint Regis Mohawk Tribal Civil Code.