18-25-102. ASSESSMENT OF CIVIL PENALTY.

1. Determination and Recommendation of Civil Penalty. In addition to any other sanction or remedy available under this Title, the Director may, after investigation of the alleged violation, determine a civil penalty for the violation and recommend to the Commission its assessment against the violator. The penalty shall not exceed $250.00 for each day the violation existed prior to the service of a notice of violation and $500.00 a day for each day thereafter.
2. Notice of Civil Penalty; filing With Commission. The Director shall serve a Notice of Civil Penalty by personal service or by United States mail addressed to the last known address of the person the Director deems responsible for the violation and shall file the notice with the Commission. The notice shall explain the nature of the violation, the basis of the amount of civil penalty assessed, that the penalty constitutes a recommendation to the Commission and may be assessed by the Commission only after a hearing as provided herein.
3. Notice of Penalty Hearing. Upon receipt of a Notice of Civil Penalty, the Commission shall serve notice of a penalty hearing upon the alleged violator in the manner provided in this Code for service of summons and complaint in the Tribal Court and shall schedule the penalty hearing not sooner than 20 days nor later than 45 days after such service.
4. Hearing Before Commission. At the penalty hearing the alleged violator may express his views orally or in writing, and may present witnesses and evidence in his behalf, but shall not be entitled to a continuance unless he posts bond with satisfactory sureties or cash in the amount of any civil penalty assessed by the Commission.
5. Action By The Commission. The Commission shall accept, reject or modify the Director’s recommended civil penalty, as it deems fair and just, and may assess the civil penalty against the violator and may provide a time for payment. The Commission may require, in its discretion, payment to be paid in one lump sum within no less than 30 days or to be paid in installments over not more than 24 months.
6. Action to Recover Penalty. If the violator fails to make payment within the specified time, or, if an installment payment program is directed and the violator fails to meet any of the scheduled payments, the Director may commence an action to recovery the unpaid penalty amounts in the Tribal Court.