16-1-302. CIVIL PENALTIES AND RESTITUTION.

1. 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 Chapter, the Director may bring an action in Tribal 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.
2. The Director may submit a recommendation to the Tribal 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 Chapter.
3. The Director may submit a recommendation to the Tribal 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 Chapter.
   
   If the Director submits a suggested penalty amount, the Director 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; and
   5. The administrative costs of prosecution.

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