Saint Regis Mohawk Tribe Law Library
Saint Regis Mohawk Tribal Code of Law.

8.04.080 Revocation of Permits

(a) Revocation of Permits. Tribal Members may file a request with the Board seeking revocation of a Residency Permit. The request must be in writing and state the specific reasons why the Permit should be revoked. The Board will also have the authority to revoke a Permit with or without a formal complaint if grounds exist.

(b) Grounds for Revocation. The Board has the right to revoke a Residency Permit of any person who:

(1) Presents a substantial and immediate threat to the safety and welfare of the Tribe as a whole, to any individual member thereof, or to any other person within the Territory;

(2) Has caused, or threatens to cause, destruction, injury or other impairment to real or personal property, whether held by the Tribe or by an individual;

(3) Whose actions interfere with the administration, operation and processes of Tribal government;

(4) Has committed a criminal offense classified as a felony or the equivalent in any jurisdiction or a misdemeanor involving injury or damages or threats to persons or property in violation of Federal, State, Tribal, or Provincial law, regardless of whether such offense has been expunged or otherwise forgiven;

(5) Has engaged in tortious conduct in violation of Federal, State, Tribal or Provincial law;

(6) Has engaged in activities causing or resulting in breach of the peace, public unrest or other disruption of the peace, health, morals or welfare of the Tribe or Tribal Members;

(7) Has engaged in exploratory, investigatory or other analytical activities involving, in any manner, Tribal natural resources without prior permission of the Tribe;

(8) Has engaged in solicitation for business, religious, or charitable purposes without prior permission of the Tribe;

(9) Has interfered with tribal ceremonies without consent of the Tribal Members involved. (Under this subsection the meaning of the term "interference" shall include but is not limited to intrusion upon, disruption of, photographing, taping or other duplication of cultural and/or ceremonial activities); or

(10) Has settled upon, established or has attempted to establish a residence or business upon, or to otherwise occupy or enter upon any land, either tribal or individually possessed, without first obtaining the consent of the Tribe.

(11) Has failed to pay child support obligations under Child Support Order.

(12) Whose eligibility status has changed such that they no longer meet the residency requirements.

(c) Notice and Opportunity for Hearing. The person whose Permit is being considered for revocation shall be provided formal notice of the pending request for revocation and shall have an opportunity to respond to any allegations made which may include a hearing before the Residency Board.

(d) Consistency with Exclusion Policy. Grounds for permit revocation set forth above in Section 8.04.080(b)(1)-Section 8.04.080(b)(10) are based upon the Tribe's Exclusion Policy as amended from time to time.