5.04.160 Hearings on Violations

Informal/Formal Hearings: The Officer shall afford the landowner or his or her representative reasonable opportunities to discuss proposed enforcement actions at an informal or formal hearing prior to taking further enforcement action, unless the Officer determines that there may be either imminent environmental damage to a Reservation resource or adverse impact upon the health, safety and welfare of the Reservation population. Informal or formal hearings may be used at any stage in the enforcement proceedings, except that the Officer may refuse to conduct informal or formal hearings with respect to any matter then pending before the Officer.

Reports Required: The Officer shall keep written notes of the date and place of the hearing, the persons in attendance, the subject matter discussed and any decisions reached with respect to further enforcement action.

Enforcement Hearings: If the landowner and the Officer are unable to resolve the matter via an informal or formal hearing, the Officer is authorized to conduct adjudicatory hearings to determine if a violation of this Code has occurred. In such a hearing the person so charged shall be entitled, at his or her own expense, to be represented by an attorney or other representative. The Officer shall rule that a violation of this Ordinance has occurred if it finds that the charges are supported by a preponderance of the credible evidence, which supports a finding that a violation occurred.

Within thirty (30) days after the date of any enforcement hearing, the Officer shall issue a written decision. If the Officer determines that a violation has occurred and that the person(s) charged was (were) responsible for the violation, the Officer's decision shall include an Enforcement Order.

Civil Penalties and Corrective Action: An Enforcement Order shall direct any person(s) found to have committed a violation of this Ordinance to take whatever corrective action the Officer deems appropriate under the circumstances. An Enforcement Order may impose civil penalties in accordance with a schedule of civil penalties prescribed under these rules. Alternatively, an Enforcement Order may impose civil penalties in the event that a person found to have committed a violation of this Code does not take corrective action in accordance with the Order within a prescribed time frame. If a person who has been found to have committed a violation does not take corrective action within the prescribed time frame, an appropriate department or agency of the Tribal government may take the necessary corrective action, in which case the amount of any civil penalty shall be increased by twice the amount of the cost incurred by the Tribal department or agency in taking the corrective action.

Notwithstanding any other provision of this Ordinance, if the Officer determines that noncompliance with this Ordinance is presenting an imminent and substantial threat to the public health, welfare or environment and determines, in consultation with the Tribe's attorneys, that it is not practicable to assure prompt protection of the public health, welfare or environment of an administrative or judicial enforcement action under this part, the Officer may issue such orders as may be necessary to protect the public health, welfare or environment. Any such order shall be effective immediately upon issuance and shall remain in effect for a period not to exceed sixty (60) days. Revocation of Permit. Failure of any person to comply with any Enforcement Orders shall result in an immediate revocation of his or her permit. In order to obtain a reinstatement of such permit, the person(s) against whom the Enforcement Order was issued must first demonstrate compliance with the Order and pay all outstanding penalties and then petition for reinstatement of the permit with the name of the particular Tribal Agency].

Special Provisions for Tribal Departments and Agencies: In any case in which any Tribal agency or department is alleged to have violated the terms and conditions of a pesticide permit, or to have conducted activities without a permit, the Compliance Department shall bring the matter to the attention of the Saint Regis Mohawk Tribe, Tribal Council who shall consider taking action to ensure compliance with this Ordinance. If the matter cannot be resolved informally, the particular Tribal Agency shall conduct an enforcement hearing for the purpose of making factual determinations and issuing a decision recommending a course of corrective action if necessary.