CMP.2.9.050 Applicant and Licensee Dispute Resolution Procedure

(a) Investigations, Right of Entrance.

(1) Investigations. The Authority may investigate and examine the operation and premises of any Licensee or Person engaging or suspected to be engaging in Consumer Financial Services or otherwise in violation of this Code within the Tribe's jurisdiction.

(A) In undertaking such investigations, the Authority may request the assistance of law enforcement officials, legal counsel, and other third parties.

(B) In conducting such investigation, the Authority shall make no order or final decisions without affording any affected party notice and a hearing pursuant this Code.

(C) This power to investigate does not authorize the Authority to manage the day-to-day operations of a Licensee.

(D) All investigations, information obtained during an investigation, and findings are confidential and remain confidential unless or until disclosed by the Authority, including disclosure by notice of violation or enforcement action, or by the Tribal Council.

(2) Right of Entrance. The Authority, its employees, and its agents may enter the premises of any Licensee, during the Licensee's regular business hours, or of a Person engaging in or suspected to be engaging in Consumer Financial Services, or otherwise in violation of this Code, to inspect the premises, accounts, books, papers, and documents of any such License. The Authority may seek a court order to enter the premises of any Person engaging in or suspected to be engaging in Consumer Financial Services or otherwise in violation of this Code, to inspect the premises, accounts, books, papers, and documents of any such Licensee or Person.

(3) Aid to Entry. The staff of the Licensee or Person engaging in or suspected to be engaging in Consumer Financial Services, or otherwise in violation of this Code, shall facilitate such inspection or examinations by giving every reasonable aid to the Authority, its employees, and its agents.

(b) Notice; Opportunity to Cure; Due Process; Hearings; Examiner.

(1) Notice of Violation. If the Authority believes that any Licensee or Person has engaged in or is about to engage in any act or practice constituting a violation of this Code or any applicable federal law the Authority is empowered to enforce, the Authority may issue a Notice of Violation, which may include a cease-and-desist order, and provide the violator an opportunity to cure the violation or to request a hearing.

(A) Notice. Upon discovery of a violation, the Authority shall promptly serve a notice with an explanation of the reasons the notice was issued, a timeframe for compliance or to otherwise cease any violation, and detail any consequences or enforcement actions for noncompliance.

(B) Request for Hearing. A Licensee or Person may request a hearing, in writing, within fifteen (15) Business Days after the notice was issued.

(C) Upon receipt of a written request for a hearing, the Authority shall set a hearing within a reasonable time or at an agreed upon time and send notice to the requestor. A notice of hearing shall specifically identify the issues to be heard, and the date, time, and location at which a hearing shall be conducted.

(D) If a hearing is not requested within fifteen (15) Business Days after a notice is served, the Authority may issue an order confirming the violations in the notice and impose any applicable enforcement action, which shall remain in effect until modified or vacated by the Authority.

(E) Vacation or Modification of Cease-and-Desist Order. The Authority may vacate or modify a notice of violation or an order if it finds that the conditions supporting the notice or order have changed or that it is otherwise in the public interest to do so.

(2) No Hearing, Voluntary Resolution. Whenever it shall appear to the satisfaction of the Authority that the violation has been cured, or that all of the interested parties involved in any violation or dispute have agreed to a resolution, the Authority may dismiss or approve resolution of the issue, as appropriate, without a hearing.

(3) Notice of Hearing. The Authority shall, within ten (10) days after a request for a hearing as provided in 2.904(2)(a)(ii), provide a written notice setting forth, with specificity, the issues to be resolved and the date and time at which a hearing shall be conducted.

(4) Hearing. The Authority shall designate an Agent or appoint a Presiding Officer to serve as an administrative law judge and preside over a hearing. Any such appointment shall constitute a delegation to such examiner of the powers of the Authority under this Code with respect to any such hearing.

(A) Hearings shall be scheduled to take place within a reasonable time following service of a notice.

(B) At the hearing, the Person or Licensee that received the notice of violation shall be provided the opportunity to make an opening statement, present oral or written evidence, examine witnesses, and make a closing statement.

(C) No Agent may be called to testify at a hearing conducted under this section.

(D) Decision. The Authority shall issue a written decision to all affected parties within thirty (30) days after the hearing. The Authority may confirm or withdraw any notice of violation, remove or extend an order, confirm the denial of an Application, suspend, or revoke a License, and order fines, penalties, or other relief.