Title CMP Commercial Practices

Chapter CMP.1 Gaming Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Subchapter CMP.1.1 Introduction

CMP.1.1.010 Title

This Code shall be known as the "Lac Courte Oreilles Gaming Code".

CMP.1.1.020 Repeal of Prior Authority

This Code hereby repeals all other previously enacted gaming codes to the extent that the previous gaming codes are inconsistent with this Code.

CMP.1.1.030 Authority

This Code is enacted pursuant to Article V, Section I (n) of the Constitution and By-Laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, as amended.

CMP.1.1.040 Declaration of Policy

The Tribal Governing Board declares that:

(a) All phases of the conduct of games of chance should be closely controlled by appropriate laws and rules which should be strictly and uniformly enforced throughout the Lac Courte Oreilles Reservation.

(b) The conduct of games of chance and all attendant activities, should be so regulated as to discourage private commercialization and to ensure the maximum use of gaming exclusively for lawful purposes specified in this Code.

(c) It is a matter of tribal concern to foster and support such lawful purposes and to prevent commercialized gambling, participation by criminal and other undesirable elements and diversion of funds from the lawful purposes herein authorized.

(d) Lawful purposes contemplated within this Code are: support of tribal government operations, of tribal members, contributions to tribal philanthropic activities, and support of social welfare and education of tribal members.

(e) Preference shall be granted in the recruiting, training, and employment to qualified members of the Tribe, their spouses, and children. Tribal preference shall apply in all job categories falling under the gaming code and provisions.

(f) To the extent that qualified members of the Tribe, their spouses, or children are not available to fill a position, preference shall be given first to qualified members of other Tribes of Chippewa Indians and then to qualified members of any other Indian Tribe.

CMP.1.1.050 Interpretation

The provisions of this Code:

(a) Shall be interpreted and applied as minimum requirements applicable to gaming activities on the Lac Courte Oreilles Reservation.

(b) Shall be liberally construed in favor of the Tribe.

(c) Shall be construed consistent with the provisions of the National Indian Gaming Regulatory Act, 25 U.S.C. Section 2701, et seq., and the 1991 Tribal-State Gaming Compact (governing Class III games) between the Tribe and the State of Wisconsin and such Gaming Management Contracts as the Tribe may enter into.

CMP.1.1.060 Ownership of Gaming

The Lac Courte Oreilles Tribe shall have the sole proprietary interest in and responsibility for the conduct of any gaming operation authorized by this ordinance.

CMP.1.1.070 Use of Gaming Revenue

Net revenues from class II gaming shall be used only for the following purposes:

(1) to fund tribal government operations and programs, provide for the general welfare of the Tribe and its members, promote tribal economic development, and donate to charitable organizations.

(2) If the Tribe elects to make per capita payments to tribal members, it shall authorize such payments only upon approval of a plan submitted to the Secretary of the Interior under 25 U.S.C. Section 2710 (b).

CMP.1.1.080 Audit

(a) The Tribe shall cause to be conducted annually an independent audit of gaming operations and shall submit the resulting audit reports that include financial statements and management letters to the National Indian Gaming Commission.

(b) All gaming-related contracts that result in the purchase of supplies, services, or concessions in excess of $25,000.00 annually, except contracts for professional legal and accounting services, shall be specifically included within the scope of the audit that is described in subsection (a) above.

CMP.1.1.090 Protection of the Environment and Public Health and Safety

Lac Courte Oreilles Class II gaming facilities shall be constructed, maintained, and operated in a manner that adequately protects the environment and the public health and safety.

CMP.1.1.100 Notices to Agent

The Secretary of the Lac Courte Oreilles Tribe shall be designated as agent for service of any official determination, order, or notice of violation pursuant to 25 CFR Section 522.2(g).

Subchapter CMP.1.2 Definitions

CMP.1.2.010 General Definitions

The following definitions shall be applicable.

(a) "Act" shall mean the Indian Gaming Regulatory Act. P.L. 100 - 497, 25 U.S.C. Section 2701 et seq.

(b) "Class I Gaming" means:

(1) Social games played solely for prizes of minimal value or traditional forms of Indian gaming engaged in as part of tribal ceremonies or celebrations.

(1) BINGO - The game of chance, which is played for prizes, including monetary prizes, with cards bearing numbers or other designations, in which the holder of the card oversees such numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined in which the game is won by the first person.

Electronic, computer, or technological aids such as computer-generated number sequences-can be used in connection with Class II bingo, so long as all players are playing against each other to achieve the same sequences. Computerized or "video" bingo, in which players play against the machine rather than against each other, are Class III games, subject to Chapter V of this Title.

Class II gaming shall not include bingo included as Class I gaming in Section CMP.1.2.010

(2) OTHER GAMES OF CHANCE - Games similar to bingo, including, if played at the same location as bingo, pull-tabs, lotto, punch boards, tip jars, and "instant bingo", in which prizes are awarded on the basis of a designated winning number or numbers, color or colors, symbol or symbols determined by chance.

(d) "Class III Gaming" means all forms of gaming that are not Class I or Class II gaming, including:

(1) Electronic or electromechanical facsimiles of any game of chance or slot machines of any kind, including "video bingo".

(2) All banking card games: that is, card games played against the house. including baccarat, chemin de fer, and blackjack.

(e) "Department of Justice" means the Department of Justice of the State of Wisconsin, its authorized officials, agents, and representatives.

(f) "Enterprise" is a commercial enterprise of the Tribe authorized to engage in (a) gaming of every variety defined as Class II Gaming by the IGRA; (b) gaming defined as Class III Gaming pursuant to the Lac Courte Oreilles Band of Lake Superior Chippewa Indians/State of Wisconsin Gaming Compact for 1991 (the "Compact"); and (c) any other lawful commercial activity related to Gaming and permitted by the Tribe.

(g) "Facility" shall mean the building, including related or connected modular, tent-like or other structures, and associated and adjacent real estate property, within which the Enterprise will be housed, and the parking areas serving the Facility, all as located on the Property.

(h) "Gaming" shall mean activities defined as Class I Gaming, Class II Gaming, and Class III Gaming under the IGRA and the Compact.

(i) "General Contractor" shall mean the person or entity selected by the Governing Board, on behalf of the Tribe, who is a licensed general contractor experienced in the Construction of commercial buildings and appurtenant structures and service facilities.

(j) "General Manager" shall mean the person selected by the Tribal Governing Board, who is experienced in the operation, maintenance, and accounting of a Gaming facility. Such General Manager shall be employed by the Tribe and shall be the person responsible for and with the necessary authority for general operations, in connection with the operation of the Facility.

(k) "LCO" shall mean the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(l) "Lottery Board" means the Wisconsin Lottery Board, its authorized officials, and agents and representatives.

(m) "Management Contract" means agreements covering the overall management and operation of a Tribal game or gaming facility by an entity other than the Tribe or its employees, including all collateral agreements to such agreement that relate to gaming activity. The term does not include agreements for the procurement of particular services, materials, or supplies related to the Tribe's operation of Class III gaming under the Compact and Class II gaming activities, such as the supply of gaming aids, communication and other equipment, computers and software and scratch tickets.

(n) "Person" includes all partnerships (general and limited), associations and corporations.

(o) "State" means the State of Wisconsin, its authorized officials, agents, and representatives.

(p) "Tribal Gaming Commission" Tribal members who are appointed by the Tribal Governing Board who shall be responsible for carrying out the duties of this Gaming Code as specified in CMP.1.3.070.

(q) "Tribal Governing Board", "Governing Board" or "Board" shall mean the Governing Board established under the Constitution and By-Laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin Tribe with jurisdiction to oversee and regulate all gaming activities on behalf of the Tribe

(r) "Tribal lands" for purposes of this code has the following meaning:

(1) All lands within the territorial limits of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Reservation:

(2) All lands within the State of Wisconsin held in trust by the United States for the benefit of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians as of October 17, 1988; and

(3) All lands within the State of Wisconsin which may be acquired in trust by the United States for the benefit of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians after October 17, 1988, over which the Tribe exercises governmental power, and which meet the requirements of sec. 20 of the Act, 25 U.S.C. Section 2719.

(s) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, its authorized officials, agents, and representatives.

(t) "Tribal Gaming Attorney" means the Chief Legal Counsel employed by the Tribe, in charge of and responsible for legal issues relating to gaming operations of the Tribe and associated enterprises.

(u) "Tribal Gaming Enforcement Officer" means the Enforcement Officer, appointed by the Tribe to work with the Tribal Gaming Commission, who is responsible for initiating background investigations and monitoring all aspects of gaming operations within the Lac Courte Oreilles jurisdiction.

(v) "Tribal Gaming Liaison" means the tribal official designated to interact between the gaming operations, the Tribal Governing Board, and the Tribal Gaming Commission.

Subchapter CMP.1.3 Administration

CMP.1.3.010 Duties of the Tribal Governing Board

(a) The Tribal Governing Board shall oversee, supervise and govern all aspects of tribal gaming.

(b) The Tribal Governing Board shall:

(1) Effectuate policy associated with tribal gaming;

(2) Delegate authority as appropriate to tribal gaming commission members, tribal officers, and other instrumentalities of tribal government;

(3) Promulgate rules relating to the issuance, renewal, amendment, suspension, and revocation of gaming licenses and the conduct of such activity upon Lac Courte Oreilles Lands;

(4) Receive recommendations from the Tribal Gaming Commission to approve, license, and suspend or deny tribal licensees as to gaming activities;

(5) Establish terms and conditions as to the distribution of lottery tickets associated with the tribal lottery;

(6) Appoint key personnel, including Tribal Games Manager, and Gaming Enforcement Officer;

(7) Determine appeals from actions of tribal officers associated with gaming; and

(8) Determine the powers and duties of the Board in addition to those set forth under this Code.

(9) Designate areas on the reservation on which the selling of gaming supplies and equipment may be purchased and sold by approved suppliers to licensees.

(10) Delegate oversight to the Tribal Gaming Commission in the fitness of all contractors providing supplies and equipment through contracts exceeding $10,000.00 in value.

(11) No member of the Board, nor tribal official, shall participate in the approval, denial, revocation, or suspension of any application or license of an organization of which he or she is an officer, director, shareholder, member, or if any member of his or her immediate family, or in any matter affecting the scope of business or financial resources of such an organization or person. This shall not serve to limit the authority and/or responsibility of individual members of the Board as to activities of the Tribe or tribal organizations.

CMP.1.3.020 Gaming Commission

(a) In order to carry out the purpose of this Code and to assure the proper operation of gaming within the Lac Courte Oreilles jurisdiction, the Tribal Governing Board shall establish a Lac Courte Oreilles Tribal Gaming Commission with delegated powers to oversee and preserve the integrity of gaming activities.

(b) The Tribal Governing Board, with a majority constituting a quorum, convened at a duly called meeting, shall appoint five members to the Lac Courte Oreilles Tribal Gaming Commission. Such persons appointed must meet the qualifications set forth in this Code.

(c) The Tribal Governing Board shall recruit and post vacancies to be filled from the tribal membership. Applications for appointment shall be developed by the Tribal Governing Board.

(d) Applicants shall submit to a background investigation for a determination of suitability by the Tribal Governing Board. Applicants shall be required to cooperate with the fingerprint process and provide all relevant information to facilitate the investigation.

CMP.1.3.030 Qualifications of Commissioners

Applicants for appointment to the Tribal Gaming Commission must satisfy the following requirements:

(a) Be an enrolled Lac Courte Oreilles tribal member.

(b) Be at least 21 years of age.

(d) Have no prior record of, or entry of a plea of no contest to, any of the following in any tribal, county, state or federal court, unless pardoned:

(1) a felony.

(2) any gaming-related offense.

(3) fraud or misrepresentation in any connection.

(4) a violation of any provision of this Code or any law of Lac Courte Oreilles, including the Compact, regulating or prohibiting gaming.

(e) Shall not be an immediate family member or cohabiting partner of any member of the Tribal Governing Board or Key Employee of a gaming facility.

(f) Shall not be employed by any Gaming Operation and not be a Primary Management Official in any gaming facility.

(g) Shall have no financial interest in any management or vendor contract.

(h) Shall not be primarily employed in a tribal Director or Management position that will impede the availability as a Commissioner.

(i) Shall not be an elected tribal official.

(j) Shall have some gaming experience through education, experience, and/or interest.

CMP.1.3.040 Term

The Tribal Governing Board may appoint applicants who meet the above criteria as Gaming Commissioners as follows:

(a) The original Commission shall be:

(1) Three commissioners shall be appointed for a two-year term, and

(2) Two commissioners shall be appointed for a one-year term.

(b) Subsequent terms on the Commission shall be maintained to assure that consistency of the Commission functions are maintained. The Tribal Governing Board shall appoint Commissioners for all vacancies.

(c) Appointments shall occur on the anniversary date of the original Commission appointment unless otherwise scheduled due to reasons of death, resignation, or removal.

(d) The Tribal Governing Board may remove appointed Gaming Commission members when required by conflict of interest, non-participation, misfeasance, malfeasance, death, or resignation.

CMP.1.3.050 Officers

Gaming Commission Officers shall be Chairman, Vice-Chairman, and Secretary/ Treasurer. The Chairman shall serve for two-year periods. The Vice-Chairman and Secretary/Treasurer shall serve one-year periods. The Tribal Gaming Commission shall elect its own Officers.

CMP.1.3.060 Powers of Commission

The Commission shall be delegated the following powers:

(a) The Tribal Gaming Commission is hereby vested with the delegated authority and powers to perform its duties and responsibilities pursuant to this Code and any regulations or policies adopted by the Lac Courte Oreilles Tribe in connection with this Code.

(b) To promulgate rules of procedure as are reasonably necessary to carry out the responsibilities of this Code and all relevant gaming regulations and policies so as to ensure the integrity of gaming activities of the Lac Courte Oreilles Tribe.

(c) To review, determine, and recommend the suitability of license applications and felony waiver petitions to the Tribal Governing Board who makes the final determination as to approval or denial of license or felony waiver applications.

(d) To conduct background investigations of employment license applicants, petitioners seeking felony waivers for employment, and vendor license applicants seeking to do business with the Tribe in its gaming activities.

(e) To resolve disputes between players or patrons of gaming facilities located on trust lands of the Lac Courte Oreilles Reservation within an expedient manner on behalf of the Tribe.

(f) To enforce this Code upon all gaming operations and licensed gaming activities located within the territorial boundaries of the Lac Courte Oreilles Tribe, except as otherwise exempted by tribal law, ordinance, or code.

CMP.1.3.070 Duties of Commission

The Tribal Gaming Commission shall carry out the following official duties:

(a) Convene duly called meetings not less than monthly called meetings or more frequent as determined by the Commission.

(b) Implement and enforce all provisions of the Code within the scope of powers pertaining to background investigations, licensing, and player disputes.

(c) Establish an efficient process for license applications and promptly communicate suitability determinations to tribal and federal authorities and license applicants.

(d) Establish a fee schedule for license applicants and vendors doing business with Tribally licensed gaming facilities.

CMP.1.3.080 Meetings of Gaming Commission

(a) Quorum

(1) Three of the Commissioners present at a duly called meeting of the Lac Courte Oreilles Tribal Gaming Commission shall constitute a quorum necessary to conduct Gaming Commission business.

(b) Voting

(1) All Gaming Commission members are entitled to vote on all issues. At the Call of any one member on a particular issue, voting shall take place thereon. Voting by proxy representation shall be prohibited.

(1) The Gaming Commission shall meet at least monthly, with additional meetings as required at the Call of the Chairman or from four (4) Commission members. Notices for meetings shall be provided at least 24 hours before the meeting.

(d) Proceedings

(1) All deliberations of the Gaming Commission, except in Executive session, shall be recorded. Minutes of all meetings shall be taken and copies distributed to Gaming Commission members prior to the next meeting. Minutes shall be provided to the Tribal Governing Board upon adoption by the Commission.

(e) Executive Sessions

(1) The Gaming Commission may consider the following matter in executive (closed) sessions, but no action shall be taken in executive session, but rather thereafter in open session:

(A) Conferring with legal counsel who is rendering oral or written legal advice concerning strategy to be adopted by the Gaming Commission with respect to litigation in which it is or likely to become involved.

(B) Administrative status of background investigations for management license applicants, vendor license applications, and felony waiver petitions.

CMP.1.3.090 Reporting of Commission

The Gaming Commission shall submit regular monthly reports of every Gaming Commission meeting to the Tribal Governing Board consisting of at least minutes of meetings, summary data of investigative activity, dispute resolution actions, and Gaming Commission activities.

CMP.1.3.100 Compensation of Commissioners

(a) The Tribal Gaming Commission shall establish an annual operation budget for funding approval by the Tribal Governing Board. Such budget shall be submitted on the anniversary date of the first annual Commission budget adoption.

(b) Commissioners shall be paid an amount determined by the Tribal Governing Board which reasonably reflects time required for services to carry out the powers and duties specified in this Code.

(c) Training for commission members to effectively and diligently carry out the powers and duties of this Code shall be provided by the Tribe, including travel, training/conference registration fees, and lodging costs.

(d) Commissioners shall be prohibited from charging or receiving actual or inkind compensation, fees, or $fts from license applicants, vendors, and Tribally licensed gaming facility

CMP.1.3.110 Restrictions on Gaming Commission

(a) No Gaming Commission member shall be in a position involving a conflict of interest.

(b) No Lac Courte Oreilles Casino Employee shall be a member of the Gaming Commission.

(c) No immediate family members of a Casino employee shall serve on the Gaming Commission. Immediate family members are defined as: Father/Mother, Husband/Wife, Sister/Brother, Cohabiting partners, and/or children.

(d) No elected official of the Tribal Governing Board shall be a Gaming Commissioner.

(e) Nothing in this Code authorizes the Tribal Gaming Commission to interfere with gaming management, operations, and employment relations or to overturn any decision of employee grievance boards.

CMP.1.3.120 Personal Liability and Immunity

(a) Gaming Commission members shall not have any personal liability for Gaming Commission activities and obligations, except as may be imposed by law.

(b) The Gaming Commission, as a delegated body of the Tribal Governing Board pursuant to the Lac Courte Oreilles Constitution, Article V, Section I (m), is immune, as is the Tribe, from suit and legal process, including but not limited to, levy, seizure, execution, and sale. Notwithstanding any provision of this Code, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin does not waive any aspect of its sovereign immunity.

CMP.1.3.130 Review

Notwithstanding any other provisions of this Code, all activities, actions, powers exercised, requirements, restrictions, and the like of this Gaming Commission, are subject to the review by the Tribal Governing Board, pursuant to Article V, Section I(m), of the Lac Courte Oreilles Tribal Constitution. In the event any corrective action appears necessary by reason of, for example, debilitating litigation or conduct that compromises the integrity of the tribe, which threaten the existence or stability of the Gaming Commission and/or the Lac Courte Oreilles Casino or gaming activities and/or the Tribe, this right may be exercised by the Tribal Governing Board, and, as such is hereby reserved. This right will not be arbitrarily, discriminatorily, politically, vindictively, or capriciously exercised, but will be exercised with restraint so that the Gaming Commission may duly fulfill its purpose. Each member of the Gaming Commission shall be given notice of the Tribal Governing Board's intent to exercise this right.

Subchapter CMP.1.4 Tribal Games

CMP.1.4.010 General

(a) The Board may, in its discretion, organize and supervise tribal operations of gaming activities, including:

(1) Bingo, including traditional bingo and video bingo.

(2) Pulltabs.

(3) Raffles, including special raffles, lotto, punch boards, tip jars, and instant bingo.

(4) Electronic games of chance with video facsimile displays.

(5) Electronic games of chance with mechanical displays.

(6) Blackjack.

(7) All Class I games.

(8) All Class II games.

(9) Any other Class III games as provided in the 1991 Tribal-State Gaming Compact.

(10) Any additional Class III games, in addition to those specified above, that the Tribe in the opinion of the Tribal Governing Board, advised by legal counsel, is of the opinion that it may legally offer to the public.

(b) Any persons employed to offer, operate, supervise, or manage any tribal games shall be investigated in a manner consistent with the LCO/State of Wisconsin Compact and federal National Indian Gaming Commission regulations. Such investigations shall be confidential.

(c) No person shall be licensed to offer, operate, supervise, or manage tribal games whose prior activities, criminal record, reputation, habits and associations pose a threat to the public interest or to the effective regulation of gaming, or who creates or enhances the dangers of unsuitable, unfair or illegal practices and methods and activities in the conduct of gaming.

CMP.1.4.020 Tribal Bingo

(a) The Board periodically shall offer such advice, guidance, and review as it deems appropriate as to all bingo events. The Tribe shall schedule and conduct such bingo events as he or she finds appropriate and in the interest of the Tribe, provided that no person under the age of 18 shall be allowed to play bingo or be allowed on the premises where bingo is played during business hours.

(b) Profits from tribal bingo operations shall be utilized for tribal purposes as determined by the Board. Specific bingo events may be held for the benefit or a particular tribal organization, a public cause of interest to the Tribe or needy tribal members.

CMP.1.4.030 Tribal Class III Games - General Regulations

(a) The Tribe may not hire, employ or enter into a contract for services relating to Class Ill gaming with any person or entity which employs a person who:

(1) Is under the age of 18, except that the Tribal Games Manager may not enter into a retailer or management contract with any person who is under the age of 18.

(2) Has, within the immediately preceding ten (10) years, been convicted of, or entered a plea of guilty or no contest to a felony, any gambling-related offense, fraud or misrepresentation or any violation of Wisconsin Statues, Chapters 562 or 565, unless the person has been pardoned or the Board has made a determination consistent with Wis. Stats. , Chapters 562.5(5)(b)4, or Chapter 565.10 (3)(c)4.

(b) The Tribe upon request shall make available the odds and prize structure of each Class III game.

(c) The Tribe shall permanently maintain the following records. All accounting records shall be kept on a double-entry system of accounting, maintaining detailed, supporting, subsidiary records.

(1) Revenues, expenses, assets, liabilities, and equity for each location at which any component of Class III gaming, including ticket sales is conducted.

(2) Daily cash transactions for each game at each location at which Class Ill gaming is conducted, including but not limited to transactions relating to each gaming table bank, game drop box and gaming room bank

(3) All returned checks, hold checks or other similar credit instruments.

(4) Individual and statistical game records to reflect statistical drop and statistical win, and the percentage of statistical win to statistical drop by table for each table game, and individual and statistical game records reflecting similar information for all other games.

(5) For video, slot or other electronic or electromechanical machine games, analytic reports which, by each machine, compare actual hold percentages to theoretical hold percentages.

(6) Contracts, correspondence and other transaction documents relating to all vendors and contractors.

(7) All audits prepared by or on behalf of the Tribe.

(8) Personnel information on all Class III gaming employees or agents, including rotation sheets, hours worked, employees' profiles and background checks.

(d) No person under the age of 18 may purchase a ticket, make a wager, or otherwise participate in any Class III game; provided that this section shall not prohibit a person 18 years old or older from giving a ticket or share to a person under the age of 18 as a gift.

(e) No person under 18 years of age may be employed in the conduct of gaming.

(f) No person under the age of 18 shall be permitted on the premises where any component of Class III gaming is conducted, during business hours, unless accompanied by a member of the minor's immediate family; provided that his subsection shall not apply to locations at which sale of tickets is the only component of Class III gaming.

(g) No person who is employed in connection with tribal gaming, including vendors or contractors, shall be permitted to participate in any tribal gaming, either directly or indirectly by offering consideration to another person to play a game on their behalf

(h) The Tribe shall not conduct pari-mutuel betting except in accordance with 1991 Tribal-State Gaming Compact.

(i) No person who is visibly intoxicated shall be permitted to play any game.

(j) All gaming shall be conducted on a cash basis. Except as herein provided, no person shall be extended credit for gaming by any tribal gaming facility, or shall the Tribe permit any other person to offer such credit for a fee. This section shall not restrict the right of the Tribe to install or accept bank card or credit card transactions in the same manner as would normally be permitted at any retail business within the State.

(k) Alcohol beverages may be served at locations where games are conducted only during the hours prescribed in sec. 125.315(3), Wis. Stats. Alcohol beverages may not be sold for the purpose of off-premises consumption at locations where games are conducted.

CMP.1.4.040 Dispute Resolution

(a) In the event of a player dispute concerning the conduct of a game, the General Manager of the facility or his appointed representative shall confer with the player in an effort to resolve the dispute.

(b) Disputes not resolved between the gaming facility and player shall be documented for mediation with the Tribal Gaming Commission. A quorum of the Commission shall resolve and settle the patron dispute within thirty (30) days of the notice of filing.

CMP.1.4.050 Felony Waivers

(a) The Lac Courte Oreilles Tribe retains the discretion to approve or deny a felony waiver for employment in gaming upon a due diligent investigation of rehabilitation and present fitness, accompanied by a recommendation from the Tribal Gaming Commission.

(b) Information required for "Background Investigations" is specified in this Code and the Lac Courte Oreilles Tribal Felony Waiver Policy and Procedure adopted and incorporated as an Exhibit to this Code.

(c) Any person requesting a Tribal Waiver must also complete a "Felony Waiver Petition" which is attached and incorporated as an exhibit to this Code.

(d) No person who meets the criteria in 25 U.S.C. 2711(a). A shall be granted a Felony Waiver.

(e) Any person filing a Felony Waiver Petition must also complete an Employee License Application Form.

(f) The Tribal Gaming Enforcement Official conducting the Background Investigation will complete a "Background Investigation Form" as described in CMP.1.4.060(c).

(g) The Tribal Gaming Enforcement Official will also contact a sufficient number of the persons listed on the Felony Waiver Petition and others including, but not limited to: current and past Probation/Parole Officers, counselors, psychotherapists, neighbors and others.

CMP.1.4.060 Licenses for Key Employees and Primary Management Officials

The Tribe shall ensure that the policies and procedures set out in this section are implemented with respect to key employees and primary management officials employed at any class II gaming enterprise operated on Indian lands:

(a) Definitions

For the purposes of this section, the following definitions apply:

(1) Key Employee Means

(A) A person who performs one or more of the following functions:

(i) Bingo caller;

(ii) Counting room supervisor

(iii) Chief of security;

(iv) Custodian of gaming supplies or cash;

(v) Floor manager;

(vi) Pit boss;

(vii) Dealer,

(viii) Croupier;

(ix) Approver of credit; or

(x) Custodian of gambling devices including persons with access to cash and accounting records within such devices;

(B) If not otherwise included, any other person whose total cash compensation is in excess of $50,000.00 per year; or

(2) Primary Management Official Means

(A) A person having responsibility for a management contract

(B) Any person who has authority:

(i) To hire and fire employees; or

(ii) To set up working policy for the gaming operation; or

(b) Application Forms

(1) The following notice shall be placed on the application form for a key employee or a primary management official before that form is filled out by an applicant:

"In compliance with the Privacy Act of 1974, the following information is provided: Solicitation of the information on this form is authorized by 25 U.S.C. 2701 et seq. The purpose of the requested information is to determine the eligibility of individuals to be employed in a gaming operation. The information will be used by National Indian Gaming Commission members and staff who have need for the information in the performance of their official duties. The information may be disclosed to appropriate Federal, Tribal, State, Local, or foreign law enforcement and regulatory agencies when relevant to civil, criminal or regulatory investigations or prosecutions or when pursuant to a requirement by a tribe or the National Indian Gaming Commission in connection with the hiring or firing of an employee, the issuance or revocation of a gaming license, or investigations of activities while associated with a tribe or a gaming operation. Failure to consent to the disclosures indicated in this notice will result in a tribe's being unable to hire you in a primary management official or key employee position.

The disclosure of your Social Security Number (SSN) is voluntary. However, failure to supply a SSN may result in errors in processing your application."

(2) Existing key employees and primary management officials shall be notified in writing that they shall either:

(A) Complete a new application form that contains a Privacy Act notice; or

(B) Sign a statement that contains the Privacy Act notice and consent to the routine uses described in that notice.

(3) The following notice shall be placed on the application form for a key employee or primary official before that form is filled out by an applicant.

"A false statement on any part of your application may be grounds for not hiring you, or for firing you after you begin work. Also, you may be punished by fine or imprisonment (U.S. Code, title 18, section 1001.)"

(4) The Tribe shall notify in writing existing key employees and primary management officials that they shall either:

(A) Complete a new application form that contains a notice regarding false statements; or

(B) Sign a statement that contains the notice regarding false statements.

The Tribe will conduct Background Investigations of "Key Employees and Primary Management Officials" as well as Felony Waiver Petitioners.

(1) The Tribe shall request from each primary management official, key employee and petitioner for felony waiver (see 704.05) all of the following information:

(A) Full name, other names used (oral or written), social security number(s), birth date, place of birth, citizenship, gender, all languages (spoken or written);

(B) Currently and for the previous 5 years: Business and employment positions held, ownership interests in those businesses, business and residence addresses, and drivers license numbers;

(C) The names and current addresses of at least three personal references, including one personal reference who was acquainted with the applicant during each period of residence listed under paragraph (1) (B) of this section;

(D) Current business and residence telephone numbers;

(E) A description of any existing and previous business relationships with Indian Tribes, including ownership interests in those businesses;

(F) A description of any existing and previous business relationships with the gaming industry generally, including ownership interests in those businesses;

(G) The name and address of any licensing or regulatory agency with which the person has filed an application for a license or permit related to gaming, whether or not such license or permit was granted;

(H) For each felony for which there is an ongoing prosecution or a conviction, the charge, the name and address of the court involved, and the date and disposition if any;

(I) For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor traffic violations), within 10 years of the date of the application, the name and address of the court involved and the date and disposition;

(J) For each criminal charge (excluding minor traffic charges), whether or not there is conviction, if such criminal charge is within 10 years of the date of application and is not otherwise listed pursuant to paragraph (1) (H) or (1) (I) of this section, the criminal charge, the name and address of the court involved and the date and disposition.

(K) The name and address of any licensing or regulatory agency with which the person has filed an application for an occupational license or permit, whether or not such license or permit was granted;

(L) A current photograph;

(M) Any other information the Tribe deems relevant; and

(N) Fingerprints consistent with procedures adopted by the Tribe according to 25 C.F.R. Section 522.2(h).

(2) The Tribe shall conduct an investigation sufficient to make a determination under subsection (d) below. In conducting a background investigation, the Tribe or its agent shall promise to keep confidential the identity of each person interviewed in the course of the investigation.

(3) The Tribe will follow the procedures outlined in the Background Investigations Policy and Procedures as attached to and incorporated in this Code in conducting investigations.

(d) Eligibility Determination

The Tribe shall review a person's prior activities, criminal record, if any, and reputation, habits and associations to make a finding concerning the eligibility of a key employee or primary management official for employment in a gaming operation. If the Tribe determines that employment of the person poses a threat to the public interest or to the effective regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming, a tribal gaming operation shall not employ that person in a key employee or primary management official position.

(e) Procedures for Forwarding Applications and Reports for Key Employees and Primary Management Officials to the National Indian Gaming Commission

(1) When a key employee or primary management official begins work at a gaming operation authorized by this ordinance, the Tribe shall forward to the National Indian Gaming Commission a completed application for employment and conduct the background investigation and make the determination referred to in subsection (d) of this section.

(2) The Tribe shall forward the report referred to in subsection (f) of this section to the National Indian Gaming Commission within 60 days after an employee begins work or within 60 days of the approval of this ordinance by the Chairman of the National Indian Gaming Commission.

(3) The gaming operation shall not employ as a key employee or primary management official a person who does not have a license after 90 days.

(f) Report to the National Indian Gaming Commission

(1) Pursuant to the procedures set out in subsection E of this section, the Tribe shall prepare and forward to the National Indian Gaming Commission an investigative report on each background investigation. An investigative report shall include all of the following:

(A) Steps taken in conducting a background investigation;

(B) Results obtained,

(D) The basis for those conclusions.

(2) The Tribe shall submit, with the report, a copy of the eligibility determination made under subsection D of this section.

(3) If a license is not issued to an applicant, the Tribe;

(A) Shall notify the National Indian Gaming Commission; and

(B) May forward copies of its eligibility determination and investigative report (if any) to the National Indian Gaming Commission for inclusion in the Indian Gaming Individuals Records System.

(4) With respect to key employees and primary management officials, the Tribe shall retain applications for employment and reports (if any) of background investigations for inspection by the Chairman of the National Indian Gaming Commission or his or her designee for no less than three (3) years from the date of termination of employment.

(g) Granting a Gaming License

(1) If, within a thirty (30) day period after the National Indian Gaming Commission receives a report, the National Indian Gaming Commission notifies the tribe that it has no objection to the issuance of a license pursuant to a license application filed by a key employee or a primary management official for whom the tribe has provided an application and investigative report to the National Indian Gaming Commission, the Tribe may issue a license to such applicant.

(2) The Tribe shall respond to a request for additional information from the Chairman of the National Indian Gaming Commission concerning a key employee or a primary management official who is the subject of a report. Such a request shall suspend the 30-day period under paragraph (g)(1) or this section until the Chairman of the National Indian Gaming Commission receives the additional information.

(3) If, within the thirty (30) day period described above, the National Indian Gaming Commission provides the Tribe with a statement itemizing objections to the issuance of a license to a key employee or to a primary management official for whom the Tribe has provided an application and investigative report to the National Indian Gaming Commission, the Tribe shall reconsider the application, taking into account the objections itemized by the National Indian Gaming Commission. The Tribe shall make the final decision whether to issue a license to such applicant.

(h) License Suspension

(1) If, after the issuance of a gaming license, the Tribe receives from the National Indian Gaming Commission reliable information indicating that a key employee or a primary management official is not eligible for employment under subsection D. above, the Tribe shall suspend such license and shall notify in writing the licensee of the suspension and the proposed revocation.

(2) The Tribe shall notify the licensee of a time and a place for a hearing on the proposed revocation of a license.

(3) After a revocation hearing, the Tribe shall decide to revoke or to reinstate a gaming license. The Tribe shall notify the National Indian Gaming Commission of its decision.

Subchapter CMP.1.5 Licensing for Non-tribal Games

CMP.1.5.010 Prohibition Against Non-Tribal Games

The conduct of any non-licensed gaming shall be prohibited within the exterior boundaries of the Lac Courte Oreilles Reservation except:

(a) Games presented by the Tribe itself and/or any instrument of tribal government including tribally controlled non-profit corporations.

(b) Single events involving no more than eight (8) persons wherein there is no sponsor or odds favoring only one particular player and individual winnings do not exceed fifty dollars ($50.00.).

CMP.1.5.020 Tribally Licensed Games – Generally

(a) The Tribal Governing Board may, in its discretion, license on a nonexclusive basis and supervise the conduct of specified gaming operations within boundaries of the Lac Courte Oreilles Reservation.

(b) A separate license shall be required for each place, facility, or location on Lac Courte Oreilles Lands at which any Class II games are conducted.

(1) Bingo, if three hundred (300) seats or less and a maximum prize pay-out of Three Thousand Dollars ($3,000.00) per session; and

(2) Pull tabs as permitted by law.

(a) The Gaming Commission shall establish appropriate license fees, for approval by the Tribal Governing Board, and facilitate assessments as provided herein which those granted licenses shall be responsible for paying.

(b) The Board shall appoint and supervise the Tribal Gaming Commission to oversee such gaming operations as may be licensed under the authority of the Tribe and to authorize the licensing procedures and the collection of all license fees and assessments.

CMP.1.5.030 License Applications

(a) An organization eligible for a gaming license must:

(1) Be a nonprofit corporation upon or engaged in activities within the Lac Courte Oreilles Reservation as a group (including partnerships and corporations) to operate the license in which at least 81% of the individuals in the group are members of the Tribe and at least 51% of the financial interest of the group is held by members of the Tribe.

(2) Have at least seven (7) members in good standing.

(3) Operate without profit to its members, and no part of the net earnings of such organization shall inure to the benefit of any private shareholder or individual.

(4) Have been in existence for one (l) year immediately preceding its application for a license, and shall have had during that one (l) year period a bona fide membership actively engaged in furthering a lawful purpose.

(5) Have received and used and shall continue to receive and use, for lawful purposes, funds derived from sources other than from the conduct of Class II games.

(a) Each applicant for a gaming license shall file with the Tribal Gaming Commission an application on a form prescribed by the Tribe. The application shall include:

(1) The names and address of the applicant.

(2) Sufficient facts relating to the incorporation or organization of the applicant to prove the applicant is eligible for a license under this Code.

(3) The name and address of each officer of the applicant, if an organization.

(4) The place and date of each gaming occasion proposed to be conducted during the effective period of the license.

(5) The name and address of the owner of the premises in which gaming will be conducted and the approximate capacity of the premises.

(6) The name, date of birth, and address of each supervising member for each gaming occasion who shall be of good moral character and one or more of whom shall be present and in immediate charge of and responsible for the conduct of games at each occasion.

(7) The name of any licensed organization or individual co-sponsoring any gaming occasion.

(8) The specific purposes to which the profits from the conduct of games are to be devoted.

(9) Other information which the Tribal Governing Board deems necessary to administer this Code.

CMP.1.5.040 Additional Application Documents

An application for a license to conduct gaming shall be accompanied by:

(a) A sworn statement of each designated supervising member that he or she will be responsible for compliance with this Code and rules promulgated under it for each gaming occasion which he or she supervises.

(b) A specification of the period of time for which a license is sought or the specific events for which a license is requested.

(c) A license fee as may be required by the Tribal Governing Board which shall be returned should the license not be granted.

(d) Such bond as may be required by the Tribal Governing Board.

CMP.1.5.050 Investigation

Upon receipt of an application for a license to conduct gaming activities, the Gaming Commission shall cause to conduct a background investigation on the primary management officials and key employees of the applicant and determine whether the interests of the Tribe will be met through the issuance of such license and shall make recommendations to the Tribal Governing Board, which shall take final action. The Gaming Enforcement Officer shall notify the Commission of the results of any background investigation.

CMP.1.5.060 Selection of Licensees

(a) The Tribal Governing Board shall not issue a gaming license unless:

(1) It is satisfied with the moral character, financial responsibility and quality of operations of the proposed licensee.

(2) The proposed gaming operation will complement rather than adversely affect games offered by the Tribe.

(3) The issuance of the license shall be in the best interest of the Tribe.

(4) The applicant is not deficient in the payment of post gaming assessments.

(5) The construction and maintenance of the gaming facility, and the operation of that gaming is conducted in a manner which adequately protects the environment and the public health and safety.

(6) There is no manager or employee of the applicant whose prior activities, criminal record, reputation, habits and associations pose a threat to the public interest or to the effective regulation of gaming, or who creates or enhances the dangers of unsuitable, unfair or illegal practices and methods and activities in the conduct of gaming.

CMP.1.5.070 Requirements of Licensees

In applying for and accepting a gaming license, the applicant/licensee agrees:

(a) To abide by the rules and regulations of the Tribe and with all other applicable legal authority as to all aspects associated with the conduct of licensed games, including any rules, regulations or assessments under the Act.

(b) To pay all applicable license fees and assessments.

(c) To make all books and records of gaming operations upon the Lac Courte Oreilles Reservation available for inspection by the Tribal Governing Board or its appointed agents during all hours of operation and all normal business hours.

(d) To provide preferential hiring to qualified members of the Tribe as to all positions open for employment.

(e) To promptly pay to all winners such prizes as they might respectively be entitled to.

(f) To provide annual outside audits of the gaming and al] contracts for supplies, services of concessions in excess of $25,000.00 per year, to the Commission.

(g) To conspicuously post any gaming license granted.

(h) To accept the Lac Courte Oreilles Tribe as the sole dispute resolution forum disputes associated with games operations.

(i) To hold the Tribe, the Tribal Governing Board and tribal officers harmless as to all claims associated with the conduct of the licensed gaming operations and to indemnify each as to all expenses including legal fees utilized to defend against such claims.

CMP.1.5.080 Reports and Finances of Licensees

Within three (3) days after the conclusion of each gaming occasion, each licensee shall execute and file a report of operations on a form prescribed by the Tribal Governing Board. The licensee shall retain a copy of the report for its permanent record. The report shall include:

(a) The name and address of each supervising member and each member responsible for the proper utilization of gross receipts.

(b) The date, hour and address of the gaming occasion.

(d) An itemized statement of the gross receipts from the gaming occasion, including gross receipts from sales of regular bingo cards, extra regular cards, special game cards and sale of supplies.

(e) An itemized statement of expenditures, including amounts paid for prizes, supplies and equipment, license fees and other expenses.

(f) The name of the depository and the title and number of the account.

(g) The report shall be signed by an individual responsible for the proper utilization of gross receipts for the gaming occasion.

CMP.1.5.090 Records Improperly Filed

(a) If a licensee fails to file a financial statement of gaming operations within five (5) days after notification by the Gaming Commission of the delinquency, the Gaming Commission may suspend the license pending the filing of the financial statement.

(b) If the financial statement filed by a licensee is not fully, accurately, and truthfully completed, the Commission may suspend a license until such time as a statement in proper form has been filed.

CMP.1.5.100 Gaming Account

Each licensee shall maintain one (l) account which shall be designated as the "Gaming Account. " All gross receipts derived from the conduct of gaming operations shall be deposited into the gaming account. No other receipts shall be deposited into the gaming account.

CMP.1.5.110 Bookkeeping and Accounting

(a) Each licensee shall maintain a double-entry bookkeeping system for the purpose of recording all receipts and expenditures in connection with the conduct of gaming operations and the disbursement of profits derived therefrom. Such bookkeeping system shall consist of a columnar book maintained on a calendar of fiscal year basis.

(b) The columnar book, deposit books, savings account pass books, canceled checks, checkbooks, deposit slips, and bank statements of gaming operations and all other books and accounts shall be available at reasonable times for examination by the Tribe or its authorized representative. All documents supporting the entries made in the books of accounts shall be kept by the licensee for a period of not less than four (4) years. Such documents shall include, but are not limited to, bank statements, canceled checks, deposit slips and invoices for all expenditures.

CMP.1.5.120 Suspension and Revocation of Licenses

(a) A violation of any applicable ordinance, law or code of the Tribe or rules promulgated thereunder shall constitute grounds for suspension or revocation of a gaming license.

(b) Procedures for suspending or revoking a gaming license shall be as follows:

(1) Proceeding to suspend a license to conduct games shall be initiated by the Tribal Gaming Commission of the Board. The notice shall state the alleged violations which constitute the grounds for the proceedings. The Tribal Gaming Commission for the Board may temporarily suspend such license for a period of 40 days while any such proceedings are pending and shall notify the licensee of the date of the temporary suspension.

(2) The Tribal Gaming Commission shall hold a hearing on a proposed suspension or proposed revocation as soon as practicable should such be requested by the licensee. The Tribal Gaming Commission shall issue, in writing, its findings and decision on suspension or revocation within 20 days aner the hearing. A copy of the findings and decision shall be sent immediately to the licensee. If the Tribal Gaming Commission suspends or revokes the license, the licensee shall be informed of the effective date of such suspension or revocation. Within twenty (20) days of the Tribal Gaming Commission's written decision, an appeal may be filed with the Tribal Governing Board and such decision shall be final.

(3) When a license suspension or revocation is upheld by the Tribal Governing Board, the licensee shall immediately surrender the license to the Board. A licensee whose license has been revoked may reapply for a license one (l) year after the effective date of the revocation. If a license has been suspended, the Tribal Gaming Commission shall reinstate the licensee at the end of the period of suspension.

CMP.1.5.130 Monitoring

The Tribal Gaming Commission and the Tribal Gaming Enforcement Officer are hereby designated and empowered to monitor the gaming activities of any licensee, to investigate the backgrounds of management officials and key employees, to investigate the backgrounds of vendor license applicants and felony waiver petitioners, to enforce the provisions of this Code, and to report criminal violations of state, federal or tribal laws to the Tribal Gaming Commission.

Subchapter CMP.1.6 Gaming Assessment

CMP.1.6.010 Gaming Activities Assessed

(a) There shall be an assessment upon all gaming activities within the exterior boundaries of the Lac Courte Oreilles Reservation except as hereafter specified. Said assessment shall equal ten percent (10%) of the total moneys included within a prize as to all prizes in excess of twenty dollars ($20.00) and ten percent (10%) of the total value of all non-cash prizes when such value exceeds twenty dollars ($20.00). The gaming assessment shall be paid by the party presenting any form of regulated gaming.

(b) Assessments shall be payable within 72 hours of a gaming occasion. Assessments shall be paid to the Gaming Commission or to such other agent as shall be identified by the Tribal Governing Board.

(c) Assessments that are not timely paid shall, after 72 hours, be increased to incorporate a penalty of five percent (5%) and thereafter be increased an additional five percent (5%) per week to a maximum of twenty-five percent (25%).

(d) The following are exempt from assessment:

(1) Games presented by the Tribe itself and/or any instrument of tribal government, including Tribally controlled non-profit corporations.

(2) Single events wherein proceeds are directed to a previously announced charitable purpose and wherein a waiver of assessments is applied for in advance of the event and is granted by the Board

(3) Single events involving no more than eight (8) persons wherein there is no sponsor nor odds favoring only one particular player and individual winnings do not exceed fifty dollars ($50.00).

Subchapter CMP.1.7 Bingo

CMP.1.7.010 Sale of Bingo Cards

(a) Bingo cards shall be sold or rented without disclosing the face of the card to either the purchaser or seller. Bingo cards shall be printed only on one side.

(b) An accurate, separate count of the number of regular bingo cards, extra regular bingo cards, special bingo cards and video bingo games, which are sold, rented or used. Such information shall be available for inspection at the close of the bingo occasion.

(c) Regular bingo cards, extra regular cards and special bingo cards and video bingo cards shall each be assigned a specific price, and the price shall remain the same during a bingo occasion. At any time during a bingo occasion, a card may be changed between games at no additional cost. Cards shall be sold or rented only on the premises at which bingo is being conducted. A price list shall be posted where the regular bingo cards are distributed, setting for the price of each type of card. Only the posted price may be charged. The regular bingo cards and the extra regular cards shall be readily distinguishable from each other.

CMP.1.7.020 Method of Play

(a) The method of play in any bingo game and the utilization of bingo equipment and supplies shall be such that each player is afforded an equal opportunity to win.

(b) The object to be drawn shall be essentially the same in all characteristics, so that at all times during the conduct of bingo, each object possesses the capacity for equal agitation with any other object within the receptacle.

(d) When more than one room is used for any one bingo game, the receptacle and the caller and any assistant shall be in the room where the greater number of players are present; and all numbers shall be announced in a manner clearly audible to the players in each room.

(e) Once removed, no object shall be returned to the receptacle until after the conclusion of the game.

(f) The particular arrangement of numbers required to be covered in order to win and the amount of the prize for each game shall be clearly described and audibly announced to the players immediately before each game. The amount of the prize for each bingo game also shall be posted where the regular bingo cards are distributed.

CMP.1.7.030 Verification of Winners

(a) The numbers on the winning card at the time a winner is determined shall be verified in the immediate presence of at least one disinterested player.

(b) At the time a winner is determined, any player may call for verification of all numbers and of the objects remaining in the receptacle and not yet drawn, This verification shall be made in the immediate presence of the supervising members and at least one disinterested player.

CMP.1.7.040 AWARD OF PRIZES

(a) Each Bingo winner shall be determined and every prize awarded after each game.

(b) When more than one winner is found to be a winner on the call of the same number in the same bingo game, a cash prize shall be divided equally, to the nearest nickel, among the winners, except that any licensed organization may elect to set a minimum prize of not exceeding $5.00 for each winner. When equal division of a merchandise prize is not possible, identical substitute prizes whose aggregate retail value is approximately equal to that of the designated prize may be awarded or a cash prize equal to the retail value may be divided to the nearest nickel.

CMP.1.7.050 Personnel

(a) No person who is conducting or assisting in the conduct of bingo on a bingo occasion shall participate as a player in any game within said bingo occasion but shall be permitted to play on other occasions at normal rates.

(b) All persons conducting or assisting in the conduct of bingo shall conform to such policies and procedures as may be adopted by the Tribal Governing Board.

CMP.1.7.060 Operation as Part of Network

Bingo may be conducted as part of a network consisting of other sites and operators and common prizes only upon approval of the Tribal Governing Board.

Subchapter CMP.1.8 Severability and Non-Liability

CMP.1.8.010 Severability

If any section, provision or portion of this Code is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Code shall not be affected thereby.

CMP.1.8.020 Non-Liability

The Lac Courte Oreilles Band of Lake Superior Chippewa Indians asserts immunity on its part and that of its agencies, employees, and/or agents from any action or damages that may occur as a result of reliance upon and conformance with this Code

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Subchapter CMP.1.9 Amendments

CMP.1.9.010

This Code may be amended solely by the Tribal Governing Board by a majority vote of the entire existing Tribal Governing Board at any special or regular meeting of the Tribal Governing Board provided, however, that consideration of the proposed amendment(s) shall be provided to the Tribal Gaming Commission at least seventy-two (72) hours prior to said meeting of the Tribal Governing Board.

Chapter CMP.2 Tribal Consumer Financial Services Regulatory Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

The Tribe declares that the public good and the welfare of the Tribe requires the enactment of this ordinance in order to improve the Tribe's economic self-sufficiency, to enable the Tribe to better serve the social, economic, educational, and health and safety needs of its members and visitors, and to provide its members with opportunities to improve their own economic circumstances, which is enacted pursuant to the Tribe's inherent sovereign authority which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, § 1(h) of the Amended Constitution and By-laws of the Lac Courte Oreilles Tribe of Lake Superior Chippewa Indians empowers the tribal governing board to "To engage in any business that will further the social or economic well-being of members of the Band or undertake any programs or projects designed for the economic advancement of the people."

Subchapter CMP.2.1 Introduction

CMP.2.1.010 Title

This Code shall be known as the Consumer Financial Services Regulatory Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (hereinafter "Tribe").

CMP.2.1.020 Authority

This Code is enacted pursuant to the inherent sovereign powers of the Tribe and in accordance with the Tribe's Constitution.

CMP.2.1.030 Findings, Intent and Policy

(a) Findings. The Governing Board of the Tribe finds that:

(1) The Tribe desires to expedite the development of the Tribe's economy to improve the Tribe's economic self-sufficiency, enable the Tribe to better serve the social, economic, educational, and health and safety needs of its members and visitors, and provide its members with opportunities to improve their own economic circumstances.

(2) Tribal creation and operation of Consumer Financial Services businesses is a legitimate means of generating revenue to address the aforementioned needs and for pursuing the Tribe's goal of self-sufficiency and self-determination.

(3) The Tribe has the legal authority to license and regulate Consumer Financial Services businesses within its jurisdiction.

(4) A properly licensed and regulated Consumer Financial Services industry is consistent with announced federal policy promoting tribal self-government and economic self-sufficiency.

(5) Tribal regulation and control of Consumer Financial Services businesses within the jurisdiction of the Tribe is essential for the protection of the public welfare.

(6) It is essential that the Governing Board regulate Consumer Financial Services in a manner commensurate with this Consumer Financial Services Regulatory Code ("Code") and all applicable federal consumer protection law.

(7) It is essential that public confidence in Consumer Financial Services that originate from the Tribe's reservation or within the Tribe's jurisdiction be maintained.

(8) Adoption of this Code by the Governing Board is a necessary precondition for the legal operation of Consumer Financial Services originating from the Tribe's reservation or within the Tribe's jurisdiction and is in the best interest of the Tribe.

(9) Establishment of a Consumer Financial Services Regulatory Authority ("Authority") to implement the purpose and intent of this Code is in the best interest of the Tribe.

(b) Intent. The Governing Board, on behalf of the Tribe, declares that the intent of this Code is to:

(1) Diversify and expedite the development of the Tribe's economy for the purposes described in Section CMP.2.1.030(a)(1).

(2) Define the general regulatory powers to be exercised by the Authority in relation to the regulation, control, and oversight of Consumer Financial Services.

(3) Ensure that all net revenue generated by Consumer Financial Services is used for the benefit of the Tribe in accordance with the purposes described herein.

(4) Ensure that Consumer Financial Services are conducted appropriately by Licensees and remain free from corrupt, incompetent, unconscionable and dishonest practices.

(5) Protect the interests of the public in the offering of Consumer Financial Services.

(6) Ensure the maintenance of public confidence in Consumer Financial Services practices.

(7) Ensure that there is a Tribal government forum for the fair and orderly resolution of Consumer Financial Services disputes, consistent with the preservation of the Tribe's sovereign immunity.

(8) Ensure that Consumer Financial Services laws and regulations are enforced.

(1) Tribal Policy of Self-Government. The Tribe is firmly committed to the principle of Tribal self-government. Revenues from Consumer Financial Services shall be utilized and expended only for the following purposes:

(2) To fund the Tribe's government operations or programs;

(3) To provide for the public health and general welfare of the Tribe and its members and visitors to the Tribal community;

(4) To promote Tribal economic development and self-sufficiency; and

(5) To donate to charitable organizations.

(6) Consumer Financial Services Policy. The establishment, promotion and operation of Consumer Financial Services is necessary, provided that such Consumer Financial Services are regulated and controlled by the Tribe pursuant to this Code and the revenues of such Consumer Financial Services are used exclusively in accordance with Section CMP.2.1.030(c)(1) of this Code.

(7) Responsibility for Regulation. The Tribe shall have the sole proprietary interest in, and responsibility for, the regulation of Consumer Financial Services authorized by this Code.

(8) Consumer Financial Services Authorized. Consumer Financial Services that are subject to licensing under this Code are authorized and permitted only as described in this and any regulations of the Authority adopted under this Code.

CMP.2.1.040 Effective Date

Except as otherwise provided in specific Sections, the provisions of this Code shall be effective on the date adopted by the Governing Board of the Tribe.

CMP.2.1.050 Interpretation

(a) The provisions of this Code:

(1) Shall be interpreted and applied as minimum requirements applicable to Consumer Financial Services subject to this Code;

(2) Shall be liberally construed in favor of the Tribe;

(3) Shall not be deemed a limitation or repeal of any other tribal power or authority.

(b) The Authority shall observe the Findings, Intentions, and Policies as provided in Section CMP.2.1.030 of this Code in the exercise of its discretionary powers.

(c) No Person acting, or who has acted, in good faith reliance upon a rule, order, or declaratory statement issued by the Authority shall be subject to any criminal, civil, or administrative liability for such action, notwithstanding a subsequent decision by a court of competent jurisdiction invalidating the rule, order, or declaratory statement.

(d) No Person other than the Person to whom an order or declaratory statement is issued is entitled to rely upon that order or declaratory statement if it is not of general application unless the material facts or circumstances are substantially the same as those upon which the order or declaratory statement was based.

(e) Words of the masculine gender or neuter include masculine and feminine genders and are the neuter.

(f) Words in the present tense include the future and past tenses.

(g) Words in the singular number include the plural, and words in the plural number include the singular.

CMP.2.1.060 Severability and Non-Liability

If any Section, provision, or portion of this Code is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Code shall not be affected thereby. Neither the Tribe, its agencies, employees, or agents waive its sovereign immunity from any action or damages that may occur as a result of reliance upon and conformance with this Code.

CMP.2.1.070 Repeal of Inconsistent Tribal Ordinances

All Tribal laws, ordinances, and resolutions inconsistent with this Code are hereby repealed. To the extent that this Code imposes greater restrictions than those contained in any other tribal law, code, ordinance or regulation, the provisions of this Code shall govern.

CMP.2.1.080 Sovereign Immunity

(a) Immunity from Suit. The Tribe, the Authority, and any entity formed as an arm of the Tribe and operating according to this Code shall possess all the rights, privileges, and immunities of the Tribe as allowed under Tribal and federal law, including sovereign immunity from suit and unconsented judicial or administrative processes, except as specifically limited by this Code.

(b) No Waiver. Nothing in this Code shall be deemed or construed to be a waiver of sovereign immunity.

(c) No Consent to Jurisdiction. Nothing in this Code shall be deemed or construed to be consent to the jurisdiction of the United States or of any state or of any other tribe.

(d) Waivers of Sovereign Immunity. Only the Governing Board may waive the sovereign immunity of the Tribe, the Authority, or any arm of the Tribe. The Governing Board shall not delegate authority to waive immunity to the Authority or to any Person for any purpose related to Consumer Financial Services.

(1) Resolution Effecting Waivers. All waivers of sovereign immunity must be preserved with resolutions of continuing force and effect issued by the Governing Board.

(2) Policy on Waivers. Waivers of sovereign immunity are disfavored and shall be granted only when necessary to secure a substantial advantage or benefit to the Tribe, the Authority or any arm of the Tribe.

(3) Limited Nature of Waivers. Waivers of sovereign immunity shall not be general but shall be specific and limited, including limits as to duration, jurisdiction, venue, causes of action, relief available, grantee, transaction, and recoverable property or funds.

(4) Consent to Enforcement Actions and Immunity. A Licensee's sovereign immunity shall not prevent, either by operation or interpretation, Authority investigations, enforcement actions, and Consumer dispute resolution procedures as described in this Code.

Subchapter CMP.2.2 Definitions

CMP.2.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this Code, shall be construed to apply as follows:

(a) "Applicant" means any Person who has applied for a License under the provisions of this Code.

(b) "Application" means a request for the issuance of a License under the provisions of this Code.

(d) "Code" means this Consumer Financial Services Regulatory Code, Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law this chapter.

(e) "Conspicuously Displayed" means emphasized through the use of capitalization, font size, bold print, underlining, highlighting or some combination thereof.

(f) "Consumer" means a natural Person who acquires goods, services, or credit primarily for Personal, family or household purposes. The term does not include a Person who acquires goods, services, or credit primarily for business, commercial, or investment purposes.

(g) "Consumer Financial Services" means the business of providing (a) goods, services, or credit to Consumers in transactions subject to this Code in exchange for interest, fees, rent, or other form of consideration originating from the Tribe's Reservation or from within the Tribe's jurisdiction or (b) services directly to a Licensee, the Tribe, or other tribally owned entity when provided from the Tribe's Reservation or from within the Tribe's jurisdiction. Goods, services, or credit to consumers offered by any tribally licensed gaming operator are not Consumer Financial Services.

(h) "Control" means the power to vote more than twenty-five percent (25%) of the outstanding voting shares of a licensed corporation, partnership, association or trust, or the possession, directly or indirectly, of the power to direct or cause the direction of the management, operations, policies and practices of a Person, whether through equity ownership, contract, or other means.

(i) "Controlling Person" means a Person who has Control or who has the ability to affect one or more significant business decisions of the Licensee or Applicant.

(j) "Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, the governing body of the Tribe as defined and described in the Tribe's Constitution and pursuant to Tribal law.

(k) "Indian lands" means all lands within the limits of the Tribe's Reservation and all lands, owned by the Tribe, and over which the Tribe exercises governmental power.

(l) "Installment Loan" means a Loan made to an individual Consumer that charges interest and/or fees for which the stated repayment period is greater than 60 days but no longer than 5 years and is not secured by title to a motor vehicle.

(m) "Lease" means a contract by which a rightful possessor of Personal property conveys the right to use and possess the Personal property in exchange for consideration, e.g., fixed regular payments.

(n) "Lender" means a wholly owned economic arm of the Tribe formed or organized by the Tribe and licensed by the Authority to engage in the business of providing Loans to Consumers from the Tribe's Reservation or from within the Tribe's jurisdiction.

(o) "License" means the official and legal privilege to engage in certain and specified conduct. A License is issued by the Authority. A License relating to Consumer Financial Services is a revocable privilege subject to revocation in accordance with the Code.

(p) "Licensee" means any Person licensed by the Authority.

(q) "Line of Credit" means an arrangement between a Licensee and a customer that establishes a maximum Loan balance that the Licensee will permit a borrower to maintain. The borrower can draw down on the Line of Credit at any time as long as he or she does not exceed the maximum set in the agreement.

(r) "Loan" means any extension of credit in connection with a Consumer Financial Services transaction.

(s) "New Merchant Technology Leasing Product" means a Technology Lease product offering. Lease amounts will be secured by customer collateral consisting of phones, tablets, laptops, and other technology products. Lease payments will be based on pay frequency. The Lease will be a true Lease and there will be no required principal payments by the customer.

(t) "Person" means any natural Person, partnership, joint venture, association, trust, firm, estate, club, society, receiver, assignee, trustee in bankruptcy, political entity, company, corporation or other group, however organized, and any owner, director, officer or employee of any such entity or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, business entities that are wholly owned or operated by the Tribe, or any other entity whatsoever. The term does not include the Federal Government, State Government, or any agency thereof, The Tribe, the Governing Board, or any agency thereof including the Authority, or any other tribal government.

(u) "Reservation" means all lands identified in Art. I § 1 of the Constitution and also includes any other land set aside and held in trust by the United States over which the Tribe is recognized as having governmental power.

(v) "Right of Rescission" means, with respect to any installment Loan, the right to return any amount borrowed, in full, within the timeframe allotted by this Code, any promulgated regulation, or by any installment Loan agreement, without the incursion of any fee or other charges.

(w) "Single-payment Consumer Loan" means a Loan made to a Consumer that is repayable in full on the Consumer's next pay date.

(x) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(y) "Vendor" means any Person who engages or seeks to engage in the business of providing services directly to a Licensee, the Tribe, or other tribally owned entity.

Subchapter CMP.2.3 Tribal Regulatory Authority

CMP.2.3.010 Establishment and Purpose

The Governing Board hereby charters, creates and establishes the Consumer Financial Services Regulatory Authority ("Authority") as a governmental subdivision of the Tribe. The Authority is charged with the implementation of this Code and regulations promulgated thereunder to ensure fair and equitable treatment of Consumers and to enforce compliance of the Code by Licensees. The Tribe created the Authority to operate on behalf of the Tribe for the benefit of the Tribe and its members and to protect Consumers.

CMP.2.3.020 Location and Place of Business

The Authority may maintain its headquarters, principal place of business and office within the Reservation as determined by the Governing Board. The Authority may, however, with a majority vote from the Governing Board, establish other places of business in such other locations as the Authority may from time to time determine to be in the best interest of the Tribe.

CMP.2.3.030 Duration

The Authority shall have perpetual existence and succession in its own name, unless dissolved by the Governing Board pursuant to Tribal law.

CMP.2.3.040 Attributes

As a governmental subdivision of the Tribe, the Authority is under the direction and control of the Governing Board, and it is the purpose and intent of the Governing Board that the operations of the Authority be conducted on behalf of the Tribe for the sole benefit and interests of the Tribe, its members and residents of and visitors to the Tribe's Reservation.

CMP.2.3.050 Assets of the Authority

The Authority shall have only those assets specifically assigned to it by the Governing Board, acquired in its name by the Tribe, or acquired by the Authority on its own behalf. No

activity of the Authority or any indebtedness incurred by it shall implicate or in any way involve any assets of tribal members or the Tribe not assigned in writing to the Authority.

CMP.2.3.060 Regulatory Agent(s); Compensation, Duties

(a) Regulatory Agent(s); Term of Office.

(1) The Authority shall be governed by an Agent(s) appointed by the Governing Board. The Governing Board may change the number of Agent(s) by Resolution as it deems necessary.

(2) Agents shall serve seven (7) year terms, commencing upon appointment, or until removed by the Governing Board pursuant to Section CMP.2.3.090.

(3) If more than one Agent is appointed, Agents' terms shall be staggered.

(4) There shall be no limit on the number of times an Agent may be reappointed.

(5) An Agent's term shall automatically renew unless the Governing Board appoints a replacement before expiration of the then-current term.

(b) Compensation. The compensation of the Agent(s) shall be established from time to time by the Governing Board.

(c) Director; Other Officers. The Governing Board shall designate a Director. The Director may establish subordinate officers as needed.

(d) Duties. The Agent(s) shall have the following duties:

(1) Oversee and have responsibility for the day-to-day operations of the Authority, including supervision of Authority employees;

(2) Serve as the agent for service of process;

(3) Conduct or oversee the conduct of any meetings or hearings held by the Authority in accordance with this Code or further directive of the Governing Board;

(4) Monitor Licensees under this Code;

(5) Exercise the powers enumerated in Section CMP.2.3.110 as needed and at its discretion.

(6) Perform any other tasks or functions assigned by the Governing Board or not expressly stated within the Code but which are necessary to ensure the Tribe's purposes and policies are met.

(e) Agent Qualifications. Any Person appointed to be an Agent shall meet the

following qualifications:

(1) The appointee shall have expertise, experience, education or a combination thereof in financial services, finance, management, business, governmental regulation, law, and/or Tribal policy.

(2) The appointee shall be at least twenty-one (21) years of age and show proof of high school diploma or equivalent.

(3) No Person shall serve as Agent if:

(A) the Person has been convicted of or entered a plea of no contest to any crime involving breach of trust or dishonesty in any jurisdiction; or

(B) as determined by the Governing Board, the Person's prior activities, reputation, habits or associations pose a threat to the public interest; threaten the effective regulation and control of financial services; or enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities in the conduct of financial services.

(C) the Person (or the Person's spouse or significant other, parents, children, and siblings) has an ownership, partnership, or other direct financial interest in any Licensee, one of its agents, contractors, or sub-contractors. Upon disclosure, a conflict may be waived by the Governing Body provided the appropriate safeguards are put in place to ensure impartiality.

(D) He/she would not comply with Section CMP.2.3.080 if appointed to the Authority.

CMP.2.3.070 Meetings

(a) The Authority shall hold meetings as necessary to fulfill its duties.

(b) The Authority may meet in an Executive Session when necessary to protect confidentiality and privilege.

CMP.2.3.080 Prohibited Acts

The Agent and Authority employees shall not do any of the following:

(a) Be indebted to any Licensee, either directly or indirectly, as borrower, accommodation endorser, surety, or guarantor, unless such indebtedness was contracted before becoming employed by or appointed to the Authority and is fully disclosed to the Governing Board.

(b) Be an officer, director, or employee of any Licensee.

(d) Accept any Gifts, Awards, Loans, or Reimbursements (as Tribe's Code of Conduct, Section MCC.1.5.030) from any Licensee (or any officer, director, or employee of any Licensee); except that an Agent or Authority employee is permitted to receive a pro-rata share of revenue that has been generated by a Licensee and is distributed among all eligible Tribal members by virtue of membership in the Tribe.

(e) Violate the Tribe's Code of Conduct, Chapter MCC.1 of the Tribal Code of Law.

CMP.2.3.090 Removal of Regulatory Agent / Vacancy

(a) Removal. An Agent may be removed by the Governing Board for the any following reasons: serious inefficiency; neglect of duty; malfeasance, misfeasance, nonfeasance; misconduct in office; for any of the reasons listed in Section CMP.2.3.060(e)(3); or, for any conduct which threatens the honesty and integrity of the Tribe, its financial services, the Authority, or violates the letter or intent of this Code.

(b) Removal Procedures.

(1) Before removal, an Agent shall be granted a hearing before the Governing Board and be given a written notice of the specific charges against him or her at least ten (10) Business Days prior to such hearing.

(2) Any basis for removal must be substantiated by a preponderance of the evidence.

(3) An Agent subject to removal will be given an opportunity to provide evidence rebutting the grounds for their proposed removal before the removal is considered.

(4) A decision of the Governing Board to remove an Agent is final and not appealable.

(c) Vacancy. If an Agent shall die, resign, be removed or for any reason be unable to serve as an Agent, the Governing Board shall declare his or her position vacant and shall appoint another qualified Tribal member to fill the position within thirty (30) days of the vacancy. The term of office of the Person appointed to fill the vacancy shall be for the balance of the unexpired term for the position.

CMP.2.3.100 Powers of the Authority

The Authority has the power to discharge all duties imposed by this Code and its associated regulations including, but not limited to:

(a) Promulgate, adopt, and enforce regulations and rules furthering the purpose and provisions of this Code.

(b) Examine or inspect, or cause to be examined or inspected, each Licensee at least annually or according to timeframes established by regulation.

(d) Receive and act on complaints, take action designed to obtain voluntary compliance with this Code, or commence proceedings on its own initiative.

(e) Establish financial literacy programs.

(f) Upon prior explicit resolution and approval of the Governing Board, to employ such advisors as it may deem necessary at rates to be set by the Governing Board. Advisors may include, but are not limited to, lawyers, accountants, law enforcement specialists and financial services professionals.

(g) Accept, review, approve or deny any Application for a License, including conducting or arranging for background investigations of all Applicants.

(h) Examine under oath, either orally or in writing, in hearings or otherwise, any Licensee or Person, or agent, officer or employee of any Licensee, or any other witness with respect to any matters related to this Code.

(i) Compel by subpoena the attendance of witnesses and the production of any books, records, and papers with respect thereto. Upon refusal to appear or produce, the Authority may apply to a court of competent jurisdiction to compel appearance or production.

(j) Examine or investigate, or cause to be examined or investigated, the place of business, equipment, facilities, tangible personal property and the books, records, papers, vouchers, accounts, documents and financial statements of any Licensee or Person engaging or participating in, or suspected to be engaging or participating in, Consumer Financial Services to:

(1) ensure compliance with this Code, applicable federal law, or any order of the Authority;

(2) determine whether any Licensee or Person has engaged, is engaging, or is about to engage in any act, practice or transaction that constitutes an unsafe or unsound practice or violation of this Code or any order of the Authority; or

(3) aid in adopting rules or regulations pursuant to this Code.

(k) Discipline any Licensee or Person engaging or participating in Consumer Financial Services in violation of this Code by ordering immediate compliance, issuing fines and sanctions, and suspending or revoking any License pursuant to the hearings and due process required by Section CMP.2.9.030 of this Code.

(l) Impose a lien in the amount of any fine or sanction that a Licensee or Person fails to pay upon all assets and property of such Licensee or Person within the Tribe's jurisdiction.

(m) Institute a civil action to recover any fine or sanction that a Licensee or Person fails to pay.

(n) Arbitrate, compromise, negotiate or settle any dispute to which it is a party relating to the Authority's authorized activities, subject to any approval of the Governing Board.

(o) Sue in courts of competent jurisdiction within the United States with the explicit written approval of the Governing Board.

(p) Impose a schedule of fees, attached hereto as Exhibit A, as applicable for:

(1) the processing, issuance, and renewal of Licenses, including fees or charges associated with conducting background checks;

(2) reasonable examinations of Licensees; and

(3) services rendered relating to transcripts and the furnishing or certifying of copies of proceedings, files, and records.

(q) Establish and maintain such bank accounts as may be necessary or convenient.

(r) Enter cooperative arrangements and to coordinate enforcement activity with other Tribal, Federal, or State regulatory agencies.

(s) Make such findings as may be necessary to implement the Authority's duties and powers, with such findings to be given deference as the legally binding findings of a governmental entity.

(t) None of the powers enumerated in this section shall be construed to allow the Authority to manage the operations of a Licensee.

CMP.2.3.110 Annual Budget

The Authority shall prepare an annual operating budget for all Authority activities and present it to the Governing Board no less than thirty (30) Business Days prior to the commencement of each operating year.

CMP.2.3.120 Authority Regulations

(a) Regulations may be necessary to carry out the implementation and orderly performance of the Authority's duties and powers. Regulations may include, but shall not be limited to, the following:

(1) The making of findings or other information required by or necessary to implement this Code;

(2) Interpretation and application of this Code, as may be necessary to enforce the Authority's duties and exercise its powers;

(3) A regulatory system for overseeing Consumer Financial Services, including accounting, contracting, management and supervision;

(4) The conduct of inspections, investigations, hearings, enforcement actions and other powers of the Authority authorized by this Code; and

(5) Specification of the amount and the schedule of applicable Licensing and examination fees that shall be imposed by the Authority.

(b) Promulgation of Regulations. The Authority may promulgate regulations as follows:

(1) The Authority may propose a regulation at any time. A Licensee may propose a regulation by submitting a written request and draft of the proposed regulation to the Authority.

(2) Before promulgating any regulation, the Authority will notify the Tribe and all Licensees of the proposed regulation by publishing notice on the Authority's website or by other means determined to ensure timely notice. Such notification will include a description of the regulation and the reason for its considered implementation.

(3) After notice is sent, the Authority will allow a reasonable time for any Licensee to submit written comments on the proposed regulation that support, oppose, or suggest amendments.

(4) After the comment period has expired, the Authority will either: amend the proposed regulation and allow a new comment period; promulgate and publish the proposed regulation with a separate written response to any comments; or decline to promulgate the regulation. The Authority shall notify the Tribe and Licensees of its decision by publishing notice on the Authority's website or by other means determined to ensure timely notice.

(5) The Governing Board may promulgate or rescind any regulation at any time by majority vote. The Governing Board is in no way bound by this section.

(6) Only regulations promulgated by the Authority in accordance with this procedure or by the Governing Board will be enforceable by the Authority.

(c) Dispute Resolution Regulations. The Authority shall promulgate regulations providing procedures that govern the consumer dispute resolution processes provided in §§ Section CMP.2.9.030 and Section CMP.2.9.040 of this Code.

CMP.2.3.130 Quarterly Report to the Governing Board

The Authority shall file reports with the Governing Board, either quarterly or as otherwise authorized by the Governing Board, summarizing reports received from each Licensee and additional information necessary to keep the Governing Board fully informed as to the status of the Authority's activities. The Authority shall define by regulation, subject to the approval of the Governing Board, the schedule for the submission of such reports.

Subchapter CMP.2.4 Licenses

CMP.2.4.010 Applicability

(a) Unless exempt, any entity seeking to engage in Consumer Financial Services subject to this Code shall obtain all required licenses before engaging in Consumer Financial Services. Any exemption to this licensure requirement shall be granted by the Authority or by Governing Board resolution and shall only be granted after a showing of good cause. The following Persons are exempt from all licensing requirements:

(1) Any Person providing products or services in support of a Licensee not provided directly to the Licensee;

(2) Any national, state, or tribally chartered bank that is insured by the Federal Deposit Insurance Corporation or any subsidiary thereof;

(3) Any national, state, or tribally chartered credit union;

(4) Any Person licensed or otherwise authorized to engage in payment processing, money transmission, tax preparation, or the practice of law;

(5) Any credit bureau or similar third-party service provider or vendor engaged by a Licensee for purposes of risk assessment or similar pre-origination services.

(6) Any other federal insured financial institution and any of their subsidiaries; and

(7) Any employee of the above.

(b) A License is a revocable privilege to do business within the Tribe's jurisdiction.

CMP.2.4.020 Application Procedure

(a) Submission to Authority. An Applicant seeking a License shall submit an Application to the Authority on such form as the Authority may require and accompanied by any required support materials and applicable fees, the amount of which shall be set by the Authority.

(b) Application Contents. At a minimum, the Applicant shall supply the following information:

(1) Each of the Applicant's Controlling Persons, if applicable; and

(2) For each natural Person identified on the Application, the name, mailing address, telephone number, email address, and other such identification information the Authority deems necessary; and

(3) A brief description on the type and nature of the Consumer Financial Services the Applicant intends to offer; and

(4) The Applicant's creation or incorporation documents, any articles of operation or bylaws, as well as any tax identification numbers; and

(5) For each natural Person identified on the Application, an Applicant shall supply the following information, if any:

(A) Each natural Person's criminal record and an explanation of any crimes for which he has been convicted or to which he or she has entered a plea of no contest, in any jurisdiction; and

(B) Each Person's civil record, identifying any civil suits, administrative proceedings, or regulatory actions in which a judgment has been entered against him or her in any jurisdiction; and

(C) A complete disclosure of any pending or anticipated civil, administrative, regulatory, or criminal action in any jurisdiction against the Applicant or any Person identified on the Application; and

(D) Governing Board Members are exempt from this subsection (e).

(6) The Applicant, and each natural Person identified, shall provide written permission giving the Authority the right to conduct background investigations, including any criminal, civil, and financial records, including credit history searches. Governing Board Members are exempt from this subsection (f); and

(7) A list of all Consumer Financial Services-related licenses the Applicant has ever applied for, in any jurisdiction, whether or not such licenses were issued; and

(8) The disclosure of whether there is a previous contractual relationship with any Indian tribe related to any Consumer Financial Services or similar Consumer financial industry; and

(9) A sworn statement that if the License applied for is issued, the Applicant will submit to the jurisdiction of the Tribe; the Applicant will abide by Tribal law and regulation as well as applicable Federal laws, regulations and policies; and that the information contained in the Application is true and correct to the best of the Applicant's knowledge.

CMP.2.4.030 Licenses – Review, Issuance and Denial, Term

(a) Generally, Substance, and Classification. Subject to this Code, the Authority may issue Licenses that authorize a Licensee to provide all types of Consumer Financial Services or a limited-purpose License that only authorizes certain types of Consumer Financial Services.

(b) Temporary License. The Authority may in its discretion issue a temporary License after submission of a completed application and a preliminary determination of suitability by the Authority.

(c) Automatic Issuance. A Consumer Financial Services License shall automatically issue if the following criteria are met:

(1) The Applicant complied with the provisions of Section CMP.2.4.020 of this Code; and

(2) Within (10) prior years from the date of the Application, no Controlling Person or natural Person identified on the Application has been, in any jurisdiction, convicted of a felony or convicted of any other crime involving breach of trust or dishonesty; been convicted or entered a plea of no contest of any felony or entered a plea of no contest related to any other crime involving breach of trust or dishonesty ; had an order entered by an administrative agency finding conduct that involved fraud, deceit or misrepresentation, or other misconduct related to financial services;; or had a financial judgment ordered in a civil action finding fraud, deceit or misrepresentation, or other misconduct related to financial services; and

(3) The Consumer Financial Services are authorized pursuant to this Code; and,

(4) The Consumer Financial Services are authorized by a Governing Board Resolution; and

(5) The Tribe has the sole ownership interest in the Applicant that will provide the Consumer Financial Services.

(d) Issuance. Upon completion of any necessary background investigation and/or verifications, the Authority may issue a License on a conditional or unconditional basis. The Authority shall not unreasonably withhold issuance or renewal of a License.

(e) Denial. The Authority, when it does not license an Applicant shall notify the Applicant in writing, provide the basis for the denial of the License, and otherwise comply with the procedural requirements of as provided in Section CMP.2.4.040 of this Code. The Authority shall have the final word on whether to license an Applicant. Any denial may be appealed as described herein.

(f) Term. Any License issued pursuant to this section shall be effective for a period of two (2) years from the date of issuance. A temporary License may be for such period of time as determined by the Authority.

(g) Display and Format. The License shall be presented as a certificate which shall bear on its face the name of the Licensee, the Tribal Logo, the issue date, the License number, and the applicable classification of the License. Each License shall specify its scope. Each Licensee must display the License number on its Consumer website, if applicable.

(h) Record Retention. The Authority shall maintain the Applicant's file, including Applications, background investigation reports, and eligibility determination reports for no less than three (3) years from the date of termination of employment.

(i) Nothing herein creates a property right in a License.

CMP.2.4.040 Denial, Suspension, or Revocation of License

(a) Denial; Suspension, or Revocation. The Authority shall deny a License or suspend or revoke a License if the Authority finds that an Applicant or Licensee:

(1) Failed to notify the Authority within thirty (30) Business Days after the occurrence of any material development, including, but not limited to:

(A) Bankruptcy or other undertaking of insolvency;

(B) Business reorganization due to insolvency;

(C) The filing of a criminal indictment, civil complaint, or administrative or regulatory action against the Licensee or any of its officers, directors; and/or

(D) A felony conviction against the Licensee or any of a Licensee's officers, directors;

(2) Failed to pay initial Application or renewal fees;

(3) Made a material misstatement or omission on the Application or on any document required to be filed with the Authority or failed to update any Application or any document required to be filed with the Authority;

(4) Withheld or provided incomplete or insufficient pertinent information;

(5) Is not a Person of honesty, truthfulness, or good character;

(6) Violated or aided, abetted, or conspired with another Licensee or Person or knowingly caused any Licensee or Person to violate this Code or the rules and regulations of the Authority;

(7) Participated in unauthorized Consumer Financial Services;

(8) Knowingly falsified books or records that relate to a transaction connected with the operation of Consumer Financial Services;

(9) Failed to keep sufficient books and records to substantiate receipts, disbursements, and expenses incurred or paid;

(10) Failed to take reasonable measures to ensure that an agreement with a Consumer is not materially breached;

(11) Has been convicted or has entered a plea of no contest in any jurisdiction of any crime involving breach of trust or dishonesty;

(12) Has had an order entered against it by an administrative agency of any jurisdiction and the order is based on conduct that involved fraud, deceit, or misrepresentation by the Applicant or Licensee;

(13) Has had a financial judgment ordered against it in a civil action based on fraud, deceit, or misrepresentation while it was a Licensee or Licensee Applicant;

(14) Employed any Person whom the Licensee knew or should have known was convicted of fraud, theft, or embezzlement, or would otherwise be precluded from licensure;

(15) Refused to comply with any lawful order, inquiry or directive of the Authority, the Governing Board, or any court or administrative body of competent jurisdiction;

(16) Attempted to bribe or offer something of value to any Person, Governing Board member, or Agent;

(17) Threatened or attempted to coerce any Person, Governing Board Member, or Agent;

(18) Stole or attempted to steal funds or other items of value;

(19) Poses a threat to the public interest or the effective regulation of Consumer Financial Services;

(20) Creates or enhances the danger of unsuitable, unfair, or illegal practices and methods and activities in the conduct of Consumer Financial Services; and/or

(21) Has demonstrated an inability to manage the Applicant's personal or business finances or demonstrates a sufficient indebtedness in relation to income so as to cause concern for the Applicant's ability to fulfill its responsibilities under this Code.

(b) Acts of Controlling Persons. It is sufficient cause for denial, suspension, or revocation of a License if a Controlling Person of the Licensee or Applicant, or natural Person identified on the Application, acted or failed to act in a manner that if the Licensee or Applicant acted or failed to act in that manner would be cause for denial, suspension or revocation of the License.

(c) If a Licensee fails to renew its License and does not voluntarily surrender the License, the Authority may issue a notice of expiration of the License without further revocation proceedings.

(d) Revocation, suspension, cancellation, surrender, or expiration of a License shall not affect civil or criminal liability for acts committed before the revocation, suspension, cancellation, surrender, or expiration. Nothing in this section precludes the Authority from any enforcement.

(e) Procedure for Suspension or Revocation. Upon the Authority's reasonable belief that a violation of this Code has occurred, the Authority may initiate an investigation and/or suspend or revoke a License. Unless exigent circumstances exist, within 10 days of any denial, suspension, or revocation, an Applicant or Licensee may request a hearing contesting any denial, suspension, or revocation of a License according to the procedures outlined in Section CMP.2.9.030

CMP.2.4.050 Renewal

(a) Renewals. To renew a License, a Licensee shall reapply and resubmit any applicable Licensing fee, as required under Section CMP.2.4.020. The Authority may promulgate procedures to expedite the renewal process. Applicants may be required to provide updated material as requested.

(b) Non-renewal. The Authority may deny renewal of a License or suspend or revoke a License if the Authority finds the existence of any circumstance listed in Section CMP.2.4.040 of this Code, or that any other fact or condition exists that, if it had existed at the time of the original Application for the License, would have warranted the Authority to refuse to issue the License.

CMP.2.4.060 Voluntary Surrender of License

Any Licensee may voluntarily surrender its License at any time by giving written notice of the surrender to the Authority.

CMP.2.4.070 Assignment or Transfer

A License is not salable, lendable, transferable, or assignable and control of a License shall not be acquired through any stock purchase or other devise without the prior written consent of the Authority. The Authority shall not give consent if the Authority finds that the acquiring Person does not meet the qualifications described in this Code.

CMP.2.4.080 Deposits of Fees and Assessments

Application fees, renewal fees, late payment penalties, civil penalties, administrative fines and other fees or penalties provided for in this Code shall in all cases be paid directly to the Authority. The Authority shall deposit such proceeds into an account or fund designated by the Governing Board.

Subchapter CMP.2.5 [Reserved]

Subchapter CMP.2.6 Licensees

CMP.2.6.010 Compliance

Licensees shall at all times comply with the provisions of this Code, rules and regulations promulgated pursuant to this Code, and all other applicable Tribal and applicable federal laws.

CMP.2.6.020 Applicable Consumer Protection Laws

(a) Licensees and Vendors shall conduct business in a manner that complies with this Code and all applicable federal consumer protection law, including, without limitation:

The Dodd-Frank Wall Street Reform and Consumer Protection Act, 12, U.S.C. § 5301 et seq., including the Consumer Financial Protection Act ("Dodd-Frank Act"), 12 U.S.C. § 5481 et seq., and, the restrictions on Unfair, Deceptive, or Abusive Acts or practices, 12 U.S.C. § 5531, et seq.; the Consumer Credit Protection Act, 15 U.S.C. Chapter 41, including the Truth in Lending Act, 15 U.S.C. § 1601 et seq., 12 C.F.R. § 226; the Fair Credit Billing Act, 15 U.S.C. § 1666a; the Consumer Leasing Act, 15 U.S.C. § 1667 et seq.; 12 CFR § 213 et seq.; the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., 12 C.F.R. § 222; the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq., 15 C.F.R. § 202; the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., 16 C.F.R. § 901; and, the Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq., 12 C.F.R. § 205. Also, the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506, 16 C.F.R. § 312.1-312.13; the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq., 16 C.F.R. §§313 and 314; the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq.; the Controlling the Assault of Non-Solicited Pornography and Marketing Act, 15 U.S.C. § 7701, et seq.; the Military Lending Act, 10 U.S.C. § 987, 32 C.F.R. § 232; the Servicemembers' Civil Relief Act, 50 U.S.C. App. § 501 et seq.; the Telephone Consumer Protection Act, 47 U.S.C. § 227, 47 CFR § 64.1200 et seq.; the Bank Secrecy Act, 31 U.S.C. § 5311 et seq., 12 U.S.C. §§ 1829b, 1951-1959; the Anti-Money Laundering Act, 18 U.S.C. § 1960; and, the Telemarketing Sales Rule, 16 C.F.R. § 310.

(b) This Code does not disclaim or otherwise preclude the application of applicable federal law or federal authority. To the greatest extent possible, this Code is to be interpreted in a manner consistent with federal Indian policy and applicable federal law.

CMP.2.6.030 Prohibited Acts by Licensees

(a) A Person shall not engage in the business of Consumer Financial Services subject to this Code without first obtaining a License pursuant to this Code.

(b) A Licensee shall not:

(1) Engage in any Consumer Financial Services other than those allowed under this Code and authorized by its License.

(2) Assess any interest, fee, or charge fee that is greater than any applicable limitation, if any, prescribed in this Code.

(3) Use or cause to be published or disseminated any advertisement that contains false, misleading or deceptive statements or representations.

(4) Engage in unfair, deceptive, or fraudulent practices.

(5) Tie or otherwise condition the providing of Consumer Financial Services to the sale of any good or service by the Licensee.

(6) Originate any Loan or approve any Loan agreement outside the Tribe's Jurisdiction.

Prospectively waive any applicable federal law in any Loan agreement.

CMP.2.6.040 Compliance Management System

Each Licensee shall maintain a compliance management system, which shall include procedures for vendor diligence, to ensure compliance with this Code and applicable federal laws.

CMP.2.6.050 Books, Accounts and Records, Examinations, Costs

(a) A Licensee shall maintain all books, accounts, and records that the Authority reasonably requires to ensure compliance. Each Licensee shall:

(1) Ensure that the books, accounts, and records are sufficiently detailed to comply with the Code and all applicable federal laws.

(2) Maintain the books, accounts, and records separately from any other business in which the Licensee is engaged and shall retain the books, accounts, and records for at least three years or according to the specific requirements of applicable federal law.

(b) The Authority may examine or cause to be examined each Licensee at least annually. In conducting such examination, the Authority or its agent may examine the books, accounts, and records to determine if the Licensee has complied with this Code and any applicable federal laws The Licensee shall pay the cost of the examination.

(c) Tribal Records. All books, accounts, records, agreements, reports and audits, communications, and other documents held by a Licensee and related to Consumer Financial Services authorized by this Code are records of the Tribe.

CMP.2.6.060 Reports

(a) Reports. At a minimum, every Licensee shall file an annual report with the Authority in a time and manner specified by the Authority. Each report shall contain information specified by the Authority sufficient for the Authority to determine compliance with this Code including, at a minimum, the following:

(1) The name, address, and telephone number of the Licensee;

(2) The names, addresses and titles of all of the current managers of the Licensee;

(3) A sworn statement that the Licensee, to the best of its knowledge, has complied and will continue to comply with all Tribal and federal laws applicable to Consumer Financial Services; and

(4) The name and address of the agent who will accept service of process on behalf of the Licensee.

(5) The Authority may promulgate regulations to require additional information and more periodic reporting.

CMP.2.6.070 Public Notice

(a) Each Licensee shall have a copy of this Code and any promulgated regulations readily available for inspection by any Person at each authorized physical location and on each website.

(b) Technology and Data Security. Each Licensee shall secure all information technology hardware and data using such levels of protection and technology that is commensurate with recommended data security practices of the industry. Each Licensee shall have all technology and data security audited annually or more often if necessary.

Subchapter CMP.2.7 Authorized Consumer Financial Services

CMP.2.7.010 General Authority

Subject to this Code, a Licensee may engage in the business of providing Consumer Financial Services as provided in this Code.

CMP.2.7.020 Consumer Agreements: Immunity, Conditions, and Disclosures

(a) Preservation of Tribal Sovereign Immunity and Exclusive Jurisdiction. All Consumer agreements must provide a notice regarding preservation of tribal sovereign immunity and exclusive jurisdiction of the Tribe, as well as a Consumer's limited and exclusive rights to submit complaints through the Tribal dispute resolution process in accordance with this Code and regulations of the Authority. The notice must inform the Consumer that:

(1) the Licensee consents to the jurisdiction of the Tribe and to the Tribal dispute resolution process in accordance with this Code and regulations of the Authority; and

(2) until the Tribal dispute resolution process is exhausted, the Consumer may not bring any claims in any court, in which case the Licensee reserves all rights and defenses.

(b) Consumer Agreement Required Notices and Disclosures; Borrower's Rights and Responsibilities. Each Loan Agreement must contain a notice and disclosure that advises the Consumer of their rights. The notice and disclosures must be Conspicuously Displayed within the Loan agreement. For Loans originated by a Licensee, the Loan Agreement must contain, at a minimum, the following information:

(1) Identify that the Licensee is wholly owned economic instrumentality of the Tribe, formed and operated pursuant to Tribal law for the express purpose of the economic development and betterment of the Tribe;

(2) The Licensee and the Tribe are immune from suit in any court unless the Tribe expressly and unequivocally waives its sovereign immunity or Congress authorizes suit under federal law;

(3) The Licensee is regulated and licensed by the Authority according to Tribal law, Tribal regulations, the Dodd-Frank Act, 12 USC § 5552, and applicable federal law and regulation;

(4) The Loan is made within the Tribe's jurisdiction and governed by Tribal law and applicable federal law;

(5) No portion of the Loan attempts to waive or otherwise prohibit the application of applicable federal law;

(6) The Loan may have a high interest rate and is not intended as a long-term financial solution;

(7) Alternative forms of credit may be less expensive;

(8) The Loan is not governed by the laws of any State and that Loans issued according to State law may offer interest rate limits and other consumer protections that are inapplicable to the Consumer, the Loan, and the Licensee;

(9) Consumer's signature and acceptance of the Loan indicates:

(A) Consumer understands that it is in the Consumer's best interests to evaluate their ability to repay the Loan;

(B) Consumer has had the opportunity to consult an independent financial counselor;

(C) Consumer understands that the Consumer, and not the Lender, is responsible to evaluate the Consumer's financial options;

(D) Consumer has read and understands the terms of the Loan, including the interest rate;

(E) Consumer understands the inapplicability of state law;

(F) Consumer understands that the Loan is made in accordance with the terms of a Loan agreement which is governed by Tribal law and that, by signing the Loan agreement and accepting the Loan, the Consumer is consenting to the Tribe's jurisdiction;

(10) Consumer consents to the dispute resolution process provided in the Loan agreement;

(11) Consumer has provided current and accurate information related to the Consumers' employment, income, credit, and asset history;

(12) Consumer is able to repay the loan according to the terms of the Loan agreement.

CMP.2.7.030 Consumer Financial Services: Products, Specific Terms

(a) Extension of Credit. Any Licensee may, subject to any limitations on lending authority or otherwise imposed by law and subject to the other provisions of this section, offer and extend credit to a Consumer and, in connection therewith, may charge and collect the interest and other charges permitted by this subchapter and may take such security as collateral in connection therewith as may be acceptable to the Licensee.

(b) Installment Loans.

(1) When a Licensee offers Installment Loans, in addition to such other disclosure requirements as are imposed pursuant to other provisions of this subchapter, the application for such Loan must contain a written disclosure, Conspicuously Displayed, that:

(A) The Loan is designed as a short-term cash flow solution and not designed as a solution for longer term financial problems;

(B) Additional fees and interest may accrue if the Loan is refinanced; and

(2) Nothing in this section prohibits a Licensee from refinancing the principal amount of an Installment Loan, subject to the limitations and requirements imposed herein.

(3) Every Licensee must post on any website a prominent statement that: "This Loan is not intended to meet long-term financial needs."

(c) Single-payment Consumer Loans. When a Licensee offers Single-payment Consumer Loans, in addition to such other limitations and requirements imposed pursuant to other provisions of this subchapter, Single-payment Consumer Loans shall be subject to the following:

(1) Repayment. A Single-payment Consumer Loan is repayable in full on the Consumer's next pay date.

(2) Loan Term. The minimum Loan term is two (2) days and the maximum Loan term is fourteen (14) days. Where a Loan is requested but cannot be issued in time to meet the minimum two-day Loan term requirement, it is held in a pending status and issued at a future date.

(3) Eligibility. In order to qualify for a Loan, customers must be at least 18 years of age, reside in the United States and have a regular source of income directly deposited to their bank account.

(4) Exclusions.

(A) Military. Military is excluded as the product does not comply with the Military Lending Act's APR requirements.

(B) Reserved.

(5) Loan Limits. Loan limits are determined based on Consumer net income and Loan history.

(d) New Merchant Technology Leasing Product. When a Licensee offers a New Merchant Technology Leasing Product, in addition to such other limitations and requirements as are imposed pursuant to other provisions of this subchapter, New Merchant Technology Leasing Products shall be subject to the following:

(1) Potential Consumers will be identified through existing channels that currently purchase non-organic and organic leads.

(2) Lease amounts will be secured by Consumer collateral consisting of phones, tablets, laptops, and other products. Collateral will not be physically collected and Customer Service Representatives (CSRs) will collect serial numbers, brand, model and potentially, photos of the product.

(3) A Licensee may elect to charge an administrative fee to the Consumer for inventory management or other costs, which fee shall not exceed the lesser of $100 or 20 percent (20%) of the ascribed value of the leased good or goods, and minimum rentals based upon the first 45 days of the Lease in the event the lessee terminates the lease. These charges to not constitute penalties. A fixed price purchase option in a Lease does not of itself create a security interest. This is particularly true if the fixed price is substantial in relation to the reasonably predictable fair market value of the goods at the time the option is to be performed. Other prices are also sufficient provided they are not nominal.

(4) Lease payments will be based on pay frequency. The Lease will be a true Lease and there will be no required principal payments by the customer. New Lease documents will not be required after each Lease payment on the Consumer's pay date and the customer may choose to pay off the Lease at any time.

(5) Consumers in default of their Lease will be required to send in the goods committed as collateral and will be sold to a third-party vendor to liquidate the item.

(6) Storage of the leased product will be housed on tribal lands.

(e) Line of Credit Product. When a Licensee offers a Line of Credit product, in addition to such other limitations and requirements as are imposed pursuant to other provisions of this subchapter, the Line of Credit product shall be subject to the following:

(1) Underwriting. The initial screening of a Line of Credit application will pass through the multi-tiered waterfall process which includes both internal "black-box" and external 3rd party scorecards for assessment. The Line of Credit Product will take this process into consideration and provide the same level of data for real-time assessment.

(2) Credit Line Draw Down. The Line of Credit product will allow a customer to request a draw down on available credit and manage the disbursement of the draw.

(3) Billing Statements. Payments will be scheduled and processed on the customers' pay-dates. The billing cycle and statement delivery will be set on a minimum fourteen (14) day cycle.

CMP.2.7.040 Consumer Financial Services: General Terms

(a) Interest. A Licensee may charge and collect interest in respect of a Loan at such daily, weekly, monthly, annual, or other periodic percentage rate or rates as the agreement governing the Loan provides or as established in the manner provided in such agreement and may calculate such interest by way of simple interest or such other method as the agreement governing the Loan provides. If the interest is precomputed it may be calculated on the assumption that all scheduled payments will be made when due. For purposes hereof, a year may but need not be a calendar year and may be such period of from 360 to 366 days, including or disregarding leap year, as the Licensee may determine.

(b) Variable Rates. If the agreement governing the Loan so provides, the periodic percentage rate or rates of interest charged and collected in respect of the Loan may, if the interest is not precomputed and taken in advance, vary in accordance with a schedule or formula. Such periodic percentage rate or rates may vary from time to time as the rate determined in accordance with such schedule or formula varies and such periodic percentage rate or rates, as so varied, may be made applicable to all or any part of outstanding unpaid amounts of such Loan on and after the effective date of such variation. This section shall not be construed to limit the authority of a Licensee to charge and collect interest in respect of a Loan in the manner and at the rate or rates authorized in any other Section of this subchapter. Without limitation, a permissible schedule or formula hereunder may include provisions in the agreement governing the Loan for a change in the periodic percentage rate or rates of interest applicable to all or any part of outstanding unpaid amounts whether by variation of the then applicable periodic percentage rate or rates of interest, variation of an index or margin or otherwise, contingent upon the happening of any event or circumstance specified in the Loan agreement, which event or circumstance may include the failure of the Consumer to perform in accordance with the terms of the Loan agreement.

(c) Additional Charges. In addition to or in lieu of interest at a periodic percentage rate or rates permitted by Section CMP.2.7.040(a) and Section CMP.2.7.040(b), the Licensee may charge and collect, in respect of a Loan:

(1) Loans.

(A) If the agreement governing the Loan so provides, charge and collect any other fees or charges, costs, points, premiums, and all other expenses which may be assessed by the Licensee in connection with the Loan.

(B) If the agreement governing a Loan so provides, a License may impose, as interest, a late or delinquency charge upon any outstanding unpaid installment payments or portions thereof under the Loan agreement which are in default; provided, however, that no more than 1 such delinquency charge may be imposed in respect of any single such installment payment or portion thereof regardless of the period during which it remains in default. Nothing contained in this subdivision shall limit, restrict, or otherwise affect the right of a Licensee under and pursuant to § 2.702 (5) of this subchapter to change the periodic percentage rate or rates of interest applicable to the Loan agreement between the Licensee and a Consumer upon the occurrence of a delinquency or default or other failure of the Consumer to perform in accordance with the terms of the Loan agreement.

(C) Such other charges as are set forth in the Agreement governing the Loan including, but not limited to, costs, fees, services, points, premiums and all other reasonable expenses which may be incurred by such Applicant in connection with a Loan. No Licensee shall demand, collect, or receive from any Applicant for a Loan, directly or indirectly, any other charges, or any greater amounts for any authorized charges than those permitted by this subchapter.

(D) Licensee may also charge a transaction charge or credit extension fee as well as a minimum charge for each scheduled period under the plan where there is an outstanding unpaid indebtedness.

(2) Leases.

(A) A Licensee may elect to charge an administrative fee to the Consumer for inventory management or other costs, which fee shall not exceed the lesser of $100 or 20 percent (20%) of the ascribed value of the leased good or goods, and minimum rentals based upon the first 45 days of the lease in the event the lessee terminates the lease. These charges to not constitute penalties. A fixed price purchase option in a lease does not of itself create a security interest. This is particularly true if the fixed price is substantial in relation to the reasonably predictable fair market value of the goods at the time the option is to be performed. Other prices are also sufficient provided they are not nominal.

(d) Deferred Installments. A Licensee may at any time or from time to time permit a Consumer to defer installment payments of a Loan and may, in connection with such deferral, charge and collect deferral charges.

(e) Refinancing.

(1) A Consumer may, with the consent of the Licensee, refinance the entire outstanding and unpaid amount of a Loan, and the Licensee may charge and collect a refinancing charge in connection with any such refinancing.

(2) For the purposes of this section, the entire outstanding and unpaid amount of a Loan shall be deemed to be the total of the unpaid balance and the accrued and unpaid interest and charges on the date of refinancing.

(f) Attorney's Fees; Costs. In the event a Consumer defaults under the terms of a Loan, the Licensee may, if the Consumer's account is referred to an attorney (not a regularly salaried employee of the Licensee) or to a third party for collection and, if the agreement governing, or the bond, note or other evidence of, the Loan so provides, charge and collect from the Consumer a reasonable attorney's fee. In addition, following a Consumer's default, the Licensee may, if the agreement governing, or the bond, note or other evidence of, the Loan so provides, recover from the Consumer all court, alternative dispute resolution or other collection costs (including, without limitation, fees, and charges of collection agencies) actually incurred by the Licensee.

(g) No Oral Agreements. A Loan agreement may provide that it represents the entire agreement of the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. Such provisions are enforceable and disallow evidence of oral agreements.

(h) Credits, Debits & Payments. A Licensee may rely on the ACH network as the funding and primary payment mechanism for its consumer financial services, however, alternative payment methods shall available, which include US Postal Service and card payments.

(i) Complaints, Credit Counseling & Bankruptcy. All Consumer complaints are handled by individuals authorized to manage complaints, credit counseling, and/or bankruptcy.

(j) Nonpayment. No Licensee shall pursue, or threaten to pursue, criminal action against an individual Consumer in connection with the nonpayment of any amount due, including the unpaid return of any check or automated clearing house transaction.

(k) Right of Recission. In addition to such other limitations and requirements as are imposed pursuant to other provisions of this subchapter, no Licensee shall make a Loan unless such Loan is subject to a right of rescission of no less than 2 business days on the part of the individual Consumer.

Subchapter CMP.2.8 Enforcement

CMP.2.8.010 Jurisdiction

Except as provided otherwise in this Code, the Authority shall have jurisdiction over all violations of this Code.

(a) Jurisdiction over Members. The Tribe has jurisdiction over all Tribal Members.

(b) Jurisdiction over Tribal Business Entities. The Tribe has jurisdiction over all business entities organized under Tribal law.

(c) Jurisdiction over non-Members. The Tribe has jurisdiction over non-Members (i) that are within the Tribe's Indian lands, (ii) who enter into consensual relationships (e.g., commercial dealings, contracts, leases, or other arrangements) with the Tribe, its arms and instrumentalities, businesses organized under Tribal law, and the Tribe's Members; (iii) who threaten the Tribe's political integrity, economic security, or health and welfare; and/or (iv) as delegated by Congress. Without limiting the foregoing:

(1) Obtaining a License pursuant to this Code is consent by the Licensee or Applicant to the Tribe's jurisdiction and consent to the Tribe's exercise of jurisdiction over the Licensee in any action arising out of the Licensee's activities whether the Licensee or the Licensee's activities are on or off-reservation. The Authority is specifically granted authority under this Code to act on behalf of the Tribe to exercise jurisdiction over Licensees.

(2) Obtaining any Consumer Financial Service, Loan, or other product or service authorized by this Code or any duly promulgated regulation invokes and is consent to the Tribe's jurisdiction for the application of Tribal law, including, but not limited to, the Code.

(3) Providing any services directly to a Licensee, the Tribe, or other tribally owned entity is consent to the Tribe's jurisdiction for the application of Tribal law including, but not limited to, the Code.

(d) Jurisdiction over Consumer Financial Services. The Tribe has jurisdiction over all Consumer Financial Services authorized by this Code and by promulgated regulations. The Authority is specifically granted authority under this Code to act on behalf of the Tribe to exercise jurisdiction over those providing, offering, or engaging in Consumer Financial Services.

(e) Jurisdiction over Indian lands. The Tribe has jurisdiction over Indian lands as provided for in the Tribe's Constitution.

CMP.2.8.020 Guidelines

In imposing any administrative remedy or civil penalty provided for in this Code, the Authority shall take into account the appropriateness of the remedy or penalty with respect to the size of the financial resources and good faith of the violator charged, the extent to which the violation was intentional, the gravity of the violation, the history or previous violations, and such other matters as justice may require.

CMP.2.8.030 Civil Violations

Any Person who violates or fails to comply with any provision of this Code or who fails or neglects to comply with any final order of the Authority may be charged with a violation and given due process pursuant to Section CMP.2.9.030 of this Code. If the Person is found to have committed a violation, he/she/it may be required to pay a civil fine to the Authority not to exceed Five Thousand Dollars ($5,000) for each violation. Each day during which any such violation or failure to comply continues may be treated as a separate violation of this Code, but not to exceed $100,000. A violation or series of violations related to the same act or omission may be treated as one violation.

(a) A Licensee found responsible for a material violation pursuant to this section may also be subject to revocation of the Licensee's License.

(b) An officer or agent of a business entity who knowingly or recklessly participates in a material violation of this Code may be subject to termination by the Authority. If an officer or agent of a Licensee participates in a violation of this Code, then the Authority may immediately revoke the Licensee's License.

(c) If an officer, agent, or employee of a Vendor participates in a violation of this Code, the Authority may immediately ban the Vendor from operating within the Tribe's jurisdiction and may require other Licensees working with such Vendor to show cause why they should not be held accountable and disciplined for the Vendor's conduct.

(d) Any unlicensed Person that violates Section CMP.2.4.040(a) subsections (a) – (t), or otherwise violates this Code, may be subject to a civil enforcement action described here.

CMP.2.8.040 Cumulative Fines

All civil fines accruing under this Code shall be cumulative and a suit for the recovery of one fine shall not bar or affect the recovery of any other fine, or judgment, penalty, forfeiture or damages, nor bar the power of a court of competent jurisdiction to enter an order of contempt, nor bar any criminal prosecution against any officer, director, agent, or employee of any Licensee, or any other Person.

CMP.2.8.050 Purpose of Civil Penalties

The civil fines imposed under this Code are intended to be remedial and not punitive and are designed to compensate the Tribe for the damage done to the peace, security, economy, and general welfare of the Tribe, and to compensate the Tribe for costs incurred by the Tribe in enforcing this Code. The civil fines under this Code are also intended to coerce all people into complying with this Code and Authority regulations and not to punish such people for violation of such laws and regulations.

CMP.2.8.060 Civil Action for Penalties

In enforcing the civil infraction provisions of this Code, the Authority may proceed, in the name of the Tribe, against a Person for violation of such provision by civil complaint in a court of competent jurisdiction pursuant to the provisions of this Code. Nothing in this section precludes the Authority from any license suspension or revocation authorized by this Code.

CMP.2.8.070 Seizure and Forfeiture of Property

Property utilized in violation of this Code shall be subject to seizure and forfeiture by order of the Authority pursuant to such implementing regulations as the Authority shall promulgate.

Subchapter CMP.2.9 Resolving Borrower Disputes

CMP.2.9.010 General Principles

(a) The Tribe values its Consumers and intends, at all times, to see that Consumers' questions, concerns, issues, and disputes are addressed in a fair and orderly manner.

(b) A Consumer's Loan agreement, a License, or a contract with a Licensee constitutes a consensual contractual relationship with an arm of the Tribe sufficient to allow the Authority both Tribal and administrative jurisdiction over any dispute arising thereunder.

(c) For all Consumer Loans originated before the DATE, Consumer concerns about a Licensee's operations, its Consumer Financial Services or products, the Consumer's agreement with the Licensee, or who is aggrieved by some aspect of the operation of any part of the Licensee's business shall be resolved according to the terms of the Consumer's agreement unless the Consumer agrees to the procedures herein.

CMP.2.9.020 Tribal and Administrative Exhaustion

(a) Consumers, Licensees, and any Person within the Tribe's jurisdiction are required to exhaust the tribal and administrative procedures before filing suit in any court.

(b) Unless superseded by later enacted Tribal administrative procedures and/or Tribal Court Rules, a Consumer, Licensee, or any Person exhausts Tribal and administrative remedies by adhering to the dispute resolution procedures herein.

CMP.2.9.030 Initial Consumer Dispute Resolution Procedure

(a) A Consumer who has concerns about a Licensee's operations, its Consumer Financial Services or products, the Consumer's agreement with the Licensee, or who is aggrieved by some aspect of the operation of any part of the Licensee's business, shall direct the concerns or dispute in the first instance to the Licensee in the manner prescribed by the Consumer's agreement to afford the Licensee an opportunity to offer a remedy.

(b) Any Consumer Loan agreement shall not prohibit any Consumer from exercising any right under Tribal law or applicable federal law.

Any Consumer Loan agreement must inform the Consumer of the right to raise any concerns about a Licensee's operations, its Consumer Financial Services or products, the Consumer's agreement with the Licensee, or other grievance related to any aspect a Licensee's operation or business with the Authority according to Section CMP.2.9.040.

CMP.2.9.040 Formal Consumer Dispute Resolution Procedure; Tribal Forum

(a) The Authority shall establish an intake process to receive, record and direct Consumer complaints to the appropriate Licensee to allow the Licensee an opportunity to remedy the complaint according to Section CMP.2.9.030. The Authority may require any Licensee to inform the Authority of the status of Consumer complaints and the resolutions to Consumer complaints.

(b) After complying with Section CMP.2.9.030, any Consumer dissatisfied with the Licensee's proposed resolution to the Consumer's complaint may file the complaint with the Authority and proceed pursuant to the Authority's Dispute Resolution Regulations, or, if enacted, Tribal administrative procedures.

(c) Administrative Forum. The Authority shall serve as a tribal administrative forum to adjudicate and resolve consumer disputes.

(d) Authority Final Decision and Order. Following full compliance with the procedures in Section CMP.2.9.030, the Authority's Dispute Resolution Regulations, and, if enacted, the Tribal administrative procedures, the Authority shall issue a Final Decision and Order that shall include separate sections entitled "findings of fact" and "conclusions of law." Findings of fact shall include a concise statement of the underlying supporting facts. Each conclusion of law shall be supported by authority or reasoned opinion.

A Final Decision and Order is appealable pursuant to Section CMP.2.9.060. A Consumer does not exhaust Tribal and administrative remedies until after any appeal of any Final Decision and Order pursuant to Section CMP.2.9.060.

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.

(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.

(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.

CMP.2.9.060 Appeals

(a) Petition. Any party to a proceeding brought under Section CMP.2.9.040 may appeal the Authority's Final Decision and Order by filing a written petition to appeal with the Tribal Court according to the Tribal Court Rules of Procedure. The Authority shall not be a party to any appeal.

(b) Any appeal shall be an administrative appeal and shall not constitute an original civil action and shall not constitute a suit against the Tribe.

(c) Perfecting Appeal. Upon perfecting an appeal by filing a petition, the Authority shall lose jurisdiction over the dispute. If the matter is remanded, the Authority shall regain jurisdiction for any additional proceedings.

(d) Appellate Standards. Unless superseded by later enacted Tribal administrative procedures and/or Tribal Court Rules, the Tribal Court shall adhere to the following appeal standards:

(1) The Tribal Court shall limit its review to the administrative record. The Tribal Court shall implement a briefing schedule and detail briefing policies, procedures, and format;

(2) the Tribal Court has discretion to allow oral arguments on the appeal;

(3) The Tribal Court shall give deference to the Authority's reasonable interpretation and application of the Code and applicable federal laws and regulations;

(4) If the Tribal Court concludes that the Authority's decision and order is arbitrary and capricious or that it is not supported by the evidence, the Tribal Court may reverse and/or remand the Authority's decision and order. Mere disagreement with the Authority's findings is not a basis for reversal.

(5) If the Tribal Court concludes that the Authority's conclusions of law conflict with Tribal law or the Tribal Constitution, or are in conflict with applicable federal law, the Tribal Court may either reverse and remand the Authority's decision to the Authority for additional proceedings or enter a decision and judgment.

(6) The Tribal Court may implement additional rules to manage appeals that are not inconsistent with this Code.

(e) Opinion and Order. Within a reasonable time after oral argument, the Tribal Court shall issue a written opinion and order.

(f) The Tribal Court's opinion and order may not be appealed.

(g) Final Judgment; Exhaustion of Tribal and Administrative Remedies. A Tribal Court's opinion and order shall be confirmed by the Authority by Final Judgment which exhausts tribal and administrative remedies. No action shall be brought in any court by any party until the dispute procedures in Section CMP.2.9.030 or Section CMP.2.9.040 and the appeal procedure in this section are fully exhausted.

Subchapter CMP.2.10 Uniform Commercial Code; Secured Transactions

CMP.2.10.010 Adoption by Reference

The Tribe hereby adopts and incorporates by reference Wisconsin Statutes, Chapter 409, Uniform Commercial Code – Secured Transactions, as it may be amended from time to time (the "Wisconsin UCC9"), but subject to the exceptions and qualifications provided in this ordinance. In the event of any conflict between this ordinance and Wisconsin UCC9, this ordinance shall control. This this subchapter may be referred to as the "Tribal UCC9.

CMP.2.10.020 References

All references to the State of Wisconsin shall mean the Tribe. Any references to sections in the Wisconsin UCC 9 may be referenced for purposes of this ordinance with the prefix Section CMP.2.10.010 instead of 409. For example, § 409.101 of the Wisconsin UCC9 may be cited as § 2.1001.101 of this ordinance.

CMP.2.10.030 Characterization of Transactions

Any characterization in this ordinance of a transaction as a sale, lease, pawn, or other transaction shall control over any contrary provision in the Tribal UCC9.

CMP.2.10.040 Preservation of Sovereign Immunity and Exclusive Jurisdiction

Nothing in this section or the Wisconsin UCC9 as adopted in this section shall be construed:

(a) As a waiver of the Tribe's sovereign immunity or exclusive jurisdiction, including, but not limited to the immunity of its entities, agents, officers, employees, or elected officials; or

(b) To grant jurisdiction to any other governmental agency or entity other than the Tribe.

CMP.2.10.050 Exceptions

The Tribe's adoption of the Wisconsin UCC9 is subject to the exceptions and comments as follows:

Wisconsin UCC 9 Reference	Tribal UCC9 Exception or Comment
§409.501 Filing Office.	Tribal UCC 9 Section CMP.2.10.010.501 shall read as follows: (1) Unless otherwise provided by Tribal law, the office in which to file a financing statement to perfect any security interest is the office of the Secretary/Treasurer of the Tribe in all cases. The Secretary/Treasurer shall mark any security interests so filed with the date and time such security interest was received and maintain any such recorded interests in searchable files so that members of the public may reasonably research the priority of security interests with respect to any property subject to the Tribe's jurisdiction that has also been the subject of some financing statement filed with the Secretary/Treasurer. (2) If the Secretary/Treasurer receives a financing statement under subsection (1) for filing, and any debtor identified on the financing statement is an individual, the Secretary/Treasurer shall provide written notice of the filing of the financing statement to that debtor. The Secretary/Treasurer shall determine the form of the written notice and the written notice shall contain at least all of the following information: (a) The debtor's name and address as shown on the financing statement. (b) The secured party's name and address as shown on the financing statement. (c) The remedies available to the debtor under this act if he or she believes that the financing statement is erroneously or fraudulently filed. (3) In addition to the written notice described in subsection (2), the Secretary/Treasurer shall provide at no charge to a debtor described in that subsection a copy or image of the filed financing statement and any attachments. If the debtor requests additional copies or searches, the fees provided in section 9525 apply to that request. (4) A person shall not knowingly or intentionally file a false or fraudulent financing statement with the office of the Secretary/Treasurer under subsection (1). A violation of this subsection is punishable under Tribal law and/or other applicable laws.
§409.612 Timeliness of notification before disposition of collateral.	Tribal UCC 9 §2.1001.612 shall read as follows: A notification of disposition sent after default and 10 days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.
§409.620 Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.	Tribal UCC 9 §2.1001§.620 shall not include subsections(5) or (7) and any related references to those subsections.
§409.602 Waiver.	Tribal UCC9 §2.1001.602 shall not include any special treatment with respect to consumer-goods transactions.
§409.624 Remedies for secured party's failure to comply with article.	Tribal UCC9 does not incorporate §409.624.
§409.636 Action in which deficiency or surplus is in issue.	Tribal UCC9 does not incorporate §409.626.
PART 7 TRANSITION	Tribal UCC9 does not incorporate subchapter VII, Wis. Stat. 409.720 et seq.
[Reserved for expansion]

Subchapter CMP.2.11 Uniform Commercial Code; Leases

CMP.2.11.010 Adoption by Reference

The Tribe hereby adopts and incorporates by reference Wisconsin Statutes, Chapter 411, Uniform Commercial Code – Leases, as it may be amended from time to time (the "Wisconsin UCC2A"), but subject to the exceptions and qualifications provided in this ordinance. In the event of any conflict between this ordinance and Wisconsin UCC2A, this ordinance shall control. This this subchapter may be referred to as the "Tribal UCC2A."

CMP.2.11.020 References

All references to the State of Wisconsin shall mean the Tribe. Any references to sections in the Wisconsin UCC2A may be referenced for purposes of this ordinance with the prefix 2.1101 instead of 411. For example, § 411.101 of the Wisconsin UCC2A may be cited as § 2.1101.101 of this ordinance.

CMP.2.11.030 Characterization of Transactions

Any characterization in this ordinance of a transaction as a sale, lease, pawn, or other transaction shall control over any contrary provision in the Tribal UCC2A.

CMP.2.11.040 Preservation of Sovereign Immunity and Exclusive Jurisdiction

Nothing in this section or the Wisconsin UCC2A as adopted in this section shall be construed:

(a) As a waiver of the Tribe's sovereign immunity or exclusive jurisdiction, including, but not limited to, the immunity of its entities, agents, officers, employees, or elected officials; or

(b) To grant jurisdiction to any other governmental agency or entity other than Tribe.

CMP.2.11.050 Exceptions

The Tribe's adoption of the Wisconsin UCC2A is subject to the exceptions and comments as follows:

Wisconsin UCC 2A Reference	Tribal UCC2A Exception or Comment
§ 411.104 Leases subject to other law.	Tribal UCC2A § 2.1101.104 is adopted with the deletion of Wisconsin UCC2A § 411.004(1)(c). This ordinance contains its own consumer protection provisions.
§ 411.106 Limitation on power of parties to consumer lease to choose applicable law and judicial forum	Tribal UCC2A § 2.1101.106 is adopted to read as follows: § 2.11.106 Power of parties to consumer lease to choose applicable law and judicial forum. In all instances, the choice of law, jurisdiction, and forum of the parties to a consumer lease with the Tribe is enforceable.
§ 411.108 Unconscionability	Tribal UCC2A does not adopt Wisconsin §411.108. This ordinance contains its own consumer protection provisions.
§411.208 Modification, rescission and waiver	Tribal UCC 2A § 2.1101.208 incorporates Wisconsin UCC2A § 411.208, but is subject to § 2.702 (15) of this ordinance, which provides that a consumer financial services transaction may provide that it represents the entire agreement of the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. Such provisions are enforceable and disallow evidence of oral agreements.
§ 411.503 Modification or impairment of rights and remedies	Tribal UCC2A § 2.1101.503 is adopted with an amended subsection (3) to read as follows: (3) Consequential damages may be liquidated under § 411.504, or may otherwise be limited, altered or excluded. In this regard, this ordinance contains its own consumer protection provisions.
§411.504 Liquidation of damages	Tribal UCC2A § 2.1101.504 is adopted with the deletion of Wisconsin UCC2A § 411.504(3) and (4).
[Reserved for expansion]

Subchapter CMP.2.12 Uniform Commercial Code; Lease Distinguished from Security Interest

CMP.2.12.010 Adoption by Reference

The Tribe hereby adopts and incorporates by reference Wisconsin Statutes, Chapter 401-203, Uniform Commercial Code – Lease Distinguished from Security Interest, as it may be amended from time to time (the "Wisconsin UCC1-203"), but subject to the exceptions and qualifications provided in this ordinance. In the event of any conflict between this ordinance and Wisconsin UCC1-203, this ordinance shall control. This this subchapter may be referred to as the "Tribal UCC1-203."

CMP.2.12.020 References

All references to the State of Wisconsin shall mean the Tribe. Any references to sections in the Wisconsin UCC1-203 may be referenced for purposes of this ordinance with the prefix 2.1201 instead of 401. For example, § 401.203 of the Wisconsin UCC1-203 may be cited as § 2.1201.203 of this ordinance.

CMP.2.12.030 Characterization of Transactions

Any characterization in this ordinance of a transaction as a sale, lease, pawn, or other transaction shall control over any contrary provision in the Tribal UCC1-203.

CMP.2.12.040 Preservation of Sovereign Immunity and Exclusive Jurisdiction

Nothing in this section or the Wisconsin UCC1-203 as adopted in this section shall be construed:

(a) As a waiver of the Tribe's sovereign immunity or exclusive jurisdiction, including but not limited to the immunity of its entities, agents, officers, employees, or elected officials; or

(b) To grant jurisdiction to any other governmental agency or entity other than the Tribe.

CMP.2.12.050 Exceptions

The Tribe's adoption of the Wisconsin UCC1-203 is subject to the exceptions and comments as follows:

Wisconsin UCC1-203 Reference

Tribal UCC1-203 Exception or Comment

§ 401.203 Lease distinguished from security interest.

Tribal UCC2A § 2.1201.203 is adopted with an amended subsection (4) to read as follows:

(4) Additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under the lease agreement if the option is not exercised. Among other bases, additional consideration is not nominal if any of the following apply: (a) when the option to renew the lease is granted to the lessee, the rent is stated to be the fair market rent, or substantially the same as fair market rent, for the use of the goods for the term of the renewal determined at the time the option is to be performed; (b) when the option to become the owner of the goods is granted to the lessee, the price is stated to be the fair market value, or substantially the same as the fair market value, of the goods determined at the time the option is to be performed.

[Reserved for expansion]

TRIBAL CONSUMER FINANCIAL SERVICES REGULATORY CODE

OF THE

LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS

EXHIBIT A

Application Fee to become a Financial Services Licensee (subject to wavier at the sole and absolute discretion of the Authority……………………………………………………….$250.00.

Application Fee to become an Employee of a Financial Services Licensee……...………. $25.00.

Application Fee to become a Vendor Licensee……………………………………………$500.00

Chapter CMP.6 Workers' Compensation Ordinance of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Subchapter CMP.6.1 General Provisions

CMP.6.1.010 Purpose

By the adoption of this Ordinance, the Tribal Governing Board of Lac Courte Oreilles Band of Lake Superior Chippewa Indians intends to provide the benefits outlined herein to Employees of the Lac Courte Oreilles Tribe and Enterprises located on the Lac Courte Oreilles Reservation, for all injuries or illness resulting out of the employment relationship with the Employer. The effective date of this Ordinance is October 14, 2005.

CMP.6.1.020 Exclusive Remedy

When no other liability exists for compensable liability, all Employees are covered for compensable bodily injuries or illness when on the Employer's premise or where Employer has instructed Employee to leave the premise in conjunction with duties associated with his/her job.

The Lac Courte Oreilles Tribal Government's sovereign immunity applies to this ordinance. The use of benefits and rights under this Ordinance are the Employees' exclusive remedy against Lac Courte Oreilles Tribal Government and Enterprises.

Subchapter CMP.6.2 Definitions

CMP.6.2.010 Definitions

(a) Accident

An event that is sudden, unexpected and unforeseen by the injured person.

(b) Claim

A written request for Worker's Compensation benefits under this Ordinance.

"Claims Administrator/Managed Care Provider", with whom the Employer has contracted with to act on behalf of the Employer for compliance with this Ordinance and to evaluate Worker's Compensation claims.

(d) Compensable Injury

A bodily illness or accident to an Employee while performing the specified duties and services associated with employment in or on the premises of the Employer. Injuries due to repetitive or cumulative trauma may be deemed compensable if the condition is determined to be solely related to the employment and the Employee has no prior treatment history of a pre-existing condition.

(e) Disability

The actual incapacity to perform the tasks usually encountered in the Employee's employment and the wage loss resulting there from, or physical impairment of the body that may or may not be incapacitating.

(f) Employee

An individual hired by the Employer who performs specified duties and services at an established wage or salary. An employee of Lac Courte Oreilles Tribal Government and Enterprises is covered, whether they are employed full-time, part-time, temporarily or seasonally. Employees are covered while in the course and scope of employment for Lac Courte Oreilles Tribal Government and Enterprises, whether on or off the reservation. Employee includes persons who are serving community service, fire department volunteers, first responders, assigned from the county jail Huber program and summer youth workers. If there is a question as to whether or not you are covered, check with your Director/Supervisor/Manager.

(g) Employer

The Lac Courte Oreilles Tribal Government and Enterprises

(h) Insurance Appeal Board

An appeal board consisting of five individuals appointed by the Tribal Governing Board who will hear an appeal filed by an Employee in accordance with Section CMP.6.6.020. The Board shall be comprised of one medical professional, a human resources representative, the employee's immediate supervisor and two members of the Lac Courte Oreilles Insurance Task Force.

(i) MMI

Maximum Medical Improvement means the date after which no further significant lasting improvement to a personal injury can reasonably be anticipated.

(j) Occupation Disease

A harm that results from occupational exposure but is not so sudden or traumatic as to fit within the definition of an accident. It includes systemic infections and exposure to toxins/poison fumes in the work environment usually over a long period of time.

(k) Plan Administrator

"Plan Administrator" means the person appointed by the Lac Courte Oreilles Tribal Governing Board, who will serve at the direction of the Employer to administer this Ordinance in accordance with its terms. Also referred to as the Employer's Insurance Officer.

(l) Premises

The specific geographic area within which the Employee fulfills the Employee's duties and responsibilities to the Employer in the normal course of employment.

(m) Rehabilitations

Vocational Rehabilitation is a tool used to assist the employee in returning to work.

(n) The Plan

The Lac Courte Oreilles Tribal Government Workers' Compensation Ordinance.

(o) Weekly Wage

Weekly wage is arrived at by multiplying the daily wage by the number of days or fraction of days normally worked

Subchapter CMP.6.3 Eligibility

CMP.6.3.010 Persons Eligible

The following people are eligible to apply for compensation under this Ordinance.

(a) Employees.

(b) Beneficiaries of the Employee, if the accident or occupational disease results in the death of the Employee. Defined as:

(1) The surviving legal spouse of the Employee

(2) Dependent child/children of the Employee

(A) This includes individuals who have not reached the age of 18 and are the natural or legally adopted child/children, stepchild, legal ward, or orphan of the Employee.

(B) This does not include minor child/children who are not dependents or who are not supported by the Employee.

(c) Any payments to or on account of a minor dependent beneficiary collected under this Ordinance terminate when such a dependent child/children reach the age of 18 years, unless the dependent child/children is physically or mentally incapacitated or is under the age of 25 years and enrolled as a full-time student at a high school, college, university, vocational or technical school. (If the dependent child is physically or mentally incapacitated, payments continue until he/she shall cease to be dependent. If an enrolled full-time student, payments terminate when the dependent child/children reach the age of 25 years or ceases to be a full-time student, whichever occurs first.)

CMP.6.3.020 Conditions of Liability

(a) Liability under this Ordinance shall exist against an Employer where the following conditions occur

(1) The Employee sustains the injury in the course of his/her employment

(2) Where, at the time of the injury, both the Employer and Employee are subject to the provisions of this Ordinance.

(3) Where, at the time of the injury, the Employee is performing service growing out of and incidental to his/her employment

(4) The premises of the Employer include the premises of any other person on whose premises the Employee performs service.

(5) Any Firefighter or First Responder Volunteer, responding to a call for assistance outside the limits of his/her village, unless that response is in violation of law, is performing service growing out of and incidental to employment

(6) Every Employee whose employment requires the Employee to travel shall be deemed to be performing service growing out of and incidental to the Employee's employment at all times while on a trip, except when engaged in a deviation for private or personal purpose. Any accident or disease arising out of a hazard of such service shall be deemed to arise out of the Employee's employment

(7) Within 14 days of notice of an injury to Employer, the Claims Administrator/Managed Care Provider will either pay or formally deny the Employee's claim.

(b) Exclusions

To qualify for Worker's Compensation benefits under this Ordinance, an injury, illness or death must arise out of and in the course of the Employee's employment with the Employer. No benefits under this Ordinance shall be allowed for any injury, illness or death caused by or arising for the following:

(d) Disobedience, refusal or failure by the injured Employee to use a safety device or appliance furnished by the Employer which if used would have reasonably prevented or significantly reduced the likelihood of the injury, illness or death.

(e) Horseplay engaged in by the injured Employee, which significantly contributes to the injury, illness or death.

(f) The injured Employee's intoxication, use of any illegal substance or abuse of any prescription medication which contributes to the Employee's injury, illness or death. Any Employee suspected of being under the influence of alcohol or drugs when the injury occurs shall be subject to drug testing conducted by the Lac Courte Oreilles Health Center or other appropriate drug testing facility.

(g) Self-inflicted injury, including suicide.

(h) A pre-existing condition, including a degenerative condition, established by medical evidence, whether pre- or post-injury, which significantly causes, aggravates, or otherwise contributes to the disability or need for medical treatment.

(i) The Employee's failure, prior to commencement of employment, to disclose a physical condition, which prevented the Employee from safely performing the work for which the Employee was hired or which was a substantial contributing factor to the injury.

(j) Act by a third person or fellow employee intended to injure the Employee for personal reasons, and not directly against the Employee as an Employee or because of employment

CMP.6.3.030 Right of Action When a Third Party Liable

Whenever an injury for which benefits are payable under this Ordinance occurs under circumstances creating a legal liability in a person other than the Employer, the injured Employee may either claim benefits under this Ordinance or proceed at law against such other person to recover damages, but the Employee shall not collect from both.

If the Employee proceeds against a person other than the Employer with respect to such an injury or condition and recovers any amount, that action shall constitute an irrevocable election to proceed against such person and the Employee shall have no rights to any compensation from the Employer under this Ordinance with respect to such injury or condition.

If benefits have been awarded or paid under this Ordinance, and the Employee has suffered damages for which a person other than the Employer is legally liable on account of the same injury or condition for which benefits were paid, the Employer may collect in its own name or that of the injured Employee an amount equal to the amount of benefits paid by the Employer to the Employee. Acceptance of benefits under this Ordinance constitutes an assignment of the Employee's rights to the Employer to the extent benefits are paid or payable.

Subchapter CMP.6.4 Procedures

CMP.6.4.010 Submission of Claims

Under this Ordinance, all claims made by the Employee for work related injuries/illness must be submitted to his/her immediate Supervisor/Director/Manager as soon as possible, but no later than three workdays after the incident occurs. The Employee is to complete a First Report of Injury/Illness form and a Patient Authorization for Release of Information form and submit them to their Supervisor/Director/Manager, who then co-signs the First Report of Injury/Illness form and immediately forwards both forms on to the Employer's Insurance Office. The Insurance Office will review the Report, and if warranted, will then, in a timely manner, forward the Report to the Claims Administrator/Managed Care Provider for evaluation and determination as to whether it is a valid claim under this Ordinance. The Claims Administrator/Managed Care Provider will, within fourteen (14) workdays of their receipt of the Report, provide written notice to the Employer's Insurance Office as to whether the claim has been approved or denied. The Insurance Office will notify the appropriate personnel of the decision. If approved, the Employer's Insurance Office will process payment of benefits due and related health care expenses incurred as a result of this injury/illness.

If denied, the Claims Administrator shall forward a written notice to the Employee and Plan Administrator. This notice shall contain the specific reason for the denial and clearly state the facts forming the basis of the denial. The denial must include information identifying the Employee, date of claimed injury, claim number, and instructions to the Employee of the rules and time limitations involved in the appeal process. The burden of proof of these facts is on the Employer. The facts arising under this section shall be determined by a preponderance of the evidence.

CMP.6.4.020 Limitation of Claims and Reports

No compensation shall be due under this Ordinance unless the Employee provides the Employer with notice of such claim as outlined in Section 7 of this Ordinance. In the case of mental or physical incapacity, the period of limitation shall be extended for fifteen (15) workdays from the initial date of occurrence. A repetitive traumatic injury or occupational disease is deemed to have occurred when the Supervisor/Director/Manager is notified that the injury or disease caused the Employee to be unable to work.

The Plan Administrator shall supply the Employee's Supervisor/Director/Manager with any forms that may be required for completion, specifically the Report of Work Ability form that must be completed and submitted after each visit by the Employee with their Medical Provider. It is the responsibility of the Supervisor/Director/Manager to give such forms to the Employee for completion by either the Employee, their primary physician or approved Medical Provider. It is the responsibility of the Employee to return all completed forms to their Supervisor/Director/Manager, who will then immediately forward them on to the Plan Administrator.

All medical records are to be forwarded to the Claims Administrator/Managed Care Provider. The Employee must continue to keep the Employer notified and advised during the course of treatment The Employee must cooperate with Employer in obtaining all related medical records. A failure to do so may result in the termination of benefits. The Employee shall not return to work without a written release from the primary physician or approved Medical Provider and the authorization from the Plan Administrator.

Subchapter CMP.6.5 Benefits

CMP.6.5.010 Medical Care, Benefits and Examination of Claims

(a) Medical Care

(1) A licensed professional Health Care Provider must provide medical care. The treating medical doctor is referred to as the primary physician. The primary physician can only make referral to a chiropractor or another physician, such as a specialist, and approval must be sought from the Claims Administrator/Managed Care Provider. The Employee may not change primary physicians or seek treatment from another referral physician without the approval of the Employer and the Claims Administrator/Managed Care Provider. Only medical expenses ordered by the primary physician or the approved referral physician are payable under the Plan.

(2) The primary physician or approved referral physician can also refer the Employee to a rehabilitation consultant, which will assist the Employee in their return to work If the Employee fails to cooperate with that consultant, medical and other benefits will cease immediately.

(3) Surgical charges are payable only if pro-certification has been obtained and medical necessity recommendation has been determined by the Claims Administrator/ Managed Care Provider.

(4) Medical invoices should be paid as soon as reasonably possible, but no later than thirty (30) calendar days of receiving the invoices and medical records.

(5) The Plan will pay the cost of all reasonable and necessary charges related to the worker's injury/illness after investigation of the validity of the worker's compensation injury/illness subject to the following restrictions:

(A) The employee must have all follow-up care in the treatment of the worker's illness/injury with a licensed professional Health Care Provider. After the second visit, the Employee may not change providers without approval from the Claims Administrator/Manager Care Provider.

(B) The Plan will pay the reasonable and necessary medical costs and the cost of medicines, supplies and equipment of a therapeutic nature that are necessary for treatment of the injury or illness

(C) The Plan will pay surgical charges only when the surgery is done on an "emergency" basis, or if it has been pre-certified by the Claims Administrator/Managed Care Provider, who may request a second opinion before approving any procedures.

(D) The Plan will reimburse the Employee for cost of mileage (if documented), and other related expenses, except childcare, necessary to obtain medical treatment, if approved by the Employer, Claims Administrator/Managed Care Provider.

(E) If the Employee fails to appear for a scheduled appointment without notification to the Claims Administrator/Managed Care Provider within one business day of that appointment, then the Employer's responsibility for payment of all benefits will cease immediately. Only one rescheduled date per appointment is allowed under this Plan.

(F) The Claims Administrator/Managed Care Provider may contract for services of a rehabilitation consultant to assist the Employee in return to work efforts. If the Employee fails to cooperate in the return to work process, all benefits will cease immediately.

(b) Primary Physician

An Employee may receive initial emergency care from a Hospital ER, Urgent Care Facility or primary physician for treatment of a compensable injury. The Employee must receive follow-up care with a licensed professional Health Care Provider approved by the Claims Administrator/Managed Care Provider within seven (7) business days of initial treatment. If this policy is not adhered to it may result in denial of worker's compensation benefits.

The Employee must receive the referral to specialty provider from the Medical Provider approved by the Claims Administrator/Managed Care Provider, If this policy is not adhered to it may result in denial of the worker's compensation benefits.

(d) Alternative Health Care Provider

If an Employee is dissatisfied with the medical treatment offered by the primary physician and/or approved referral physician, the Employee shall submit a written statement to the Claims Administrator/Managed Care Provider indicating the dissatisfaction and the reasons for it. Based on this statement, an agreement may be reached between the Employee and the Claims Administrator/Managed Care Provider to permit the Employee to seek an alternative Health Care Provider. The following conditions shall also apply:

(1) The Employee must receive prior approval from the Claims Administrator/Managed Care Provider before receiving any treatment/service from the alternate medical provider chosen by the Employee.

(2) If the Employee foils to obtain prior approval from the Claims Administrator/Managed Care Provider for the selected alternative Health Care Provider, the Plan shall not be responsible for any expense incurred as a result of that service/treatment.

(3) Other Health Care Providers used by the Employee may confer with and obtain information on the Employee's condition from the primary physician, approved referral physician or IME provider.

(e) Examination of Claims

Whenever an injured Employee claims compensation, the Employee must submit to an Independent Medical Examination/Evaluation (IME), or second opinion, when requested by the Claims Administrator/Managed Care Provider. The Claims Administrator/Managed Care Provider may schedule an Employee for an Independent Medical Examination or evaluation at any time during the Employee's course of medical treatment. The expense for this service, except expense for child care, will be paid by the Plan. If an Employee unreasonably fails to appear for a scheduled IME, all medical and other benefits will cease immediately.

The Claims Administrator/Manage Care Provider will provide the Employee with a written request for IME and shall notify the Employee at least five (5) workdays prior of the proposed date, time and place of examination/evaluation, and the identity of the Health Care Provider that will provide the service. Only one rescheduled date per appointment is allowed under this Plan.

The Employee is entitled to have a physician or other Health Care Provider selected by the Employee, present at any scheduled examination/evaluation, and is entitled to receive a copy of all reports prepared by the examining physician immediately upon receipt of those reports by the Claims Administrator/Managed Care Provider or the Lac Courte Oreilles Insurance Appeal Board.

The physician or Health Care Provider shall furnish to the Claims Administrator/Managed Care Provider a legible duplicate of all reports, bills and other written material requested. Any person who refuses to provide duplicates of written material in the person's custody that is required under the Ordinance shall be liable for reasonable and necessary costs including reasonable attorney fees.

(f) Temporary Total Disability

Benefits are payable when the disability results solely from a bodily injury arising in and out of the course of employment with the Lac Courte Oreilles Tribal Government. The benefits are calculated as sixty-seven (67%) of the weekly wage of the Employee at the time of the injury, and subject to a maximum of $450.00 per week. The daily wage will be calculated by using the average of the prior 26 work weeks. Disability benefits are paid only if the disability is evidenced by medical opinion based on examination and treatment rendered at the time of the claimed disability and requires an Independent Medical Examination.

(g) Temporary Partial Disability

This benefit represents sixty-seven (67%) of the difference between the pre-injury weekly wage and weekly wage the Employee earns after returning to light duty restricted modified work if the wage loss is due solely to the injury and disability suffered while in the course and scope of the employment with the Lac Courte Oreilles Tribal Government. Temporary partial disability benefits are subject to the same maximums and restrictions as temporary total disability benefits.

(h) Permanent Partial Disability

This benefit will compensate the injured Employee for any permanent loss/loss of use of a body part suffered as a result of compensable bodily injury. The designated percentage of the disability rating is multiplied by the weekly permanent disability benefit, which determines the dollar amount payable to the Employee and is allocated in one lump sum. Permanent partial disability benefits are not payable concurrently with temporary total/temporary partial benefits. To determine Permanent Partial Disability the health care provider must use the American Medical Association's "Guide to the Evaluation of Permanent Partial Impairment,'' 5^th Edition.

(i) Waiting Period

For All Employees: Vacation or sick time benefits may be used for the first three (3) scheduled days lost. When verified that the Employee's claim is a legitimate work related claim and the employee is off work for ten or more calendar days, compensation is payable beginning with the first day of disability. Vacation and sick time benefits may be reconciled if used.

(j) Dependency Benefits

If an Employee dies from a work related injury or illness leaving a legal spouse and/or dependent child/children, the Employer shall make payments to the legal spouse and/or dependent child/children in an amount equal to sixty-seven percent (67%) of the Employee's average weekly wage at the time of the Employees injury or illness to a maximum of $450.00 per week. This amount will be evenly distributed to the surviving issue, if the legal spouse is deceased.

As determined by the Plan Administrator, payments to the legal spouse shall be for a maximum of one (1) year, terminating upon the remarriage or death of the spouse, whichever comes first. Payments to a dependent child/children shall be made until the dependent child/children reaches the age of 18 unless the dependent child/children is a full-time student or determined by medical evidence to be physically or mentally incapable of self-support, in which case payment shall be made to age 25.

Subchapter CMP.6.6 Review

CMP.6.6.010 Fraudulent Claims/Reporting and Investigations

If the Employer, Plan Administrator or Claims Administrator/Managed Care Provider has evidence that a claim is false or fraudulent the claim shall be denied and the Plan Administrator shall report the matter to the Lac Courte Oreilles Insurance Appeal Board designated by the Lac Courte Oreilles Tribal Governing Board within 10 business days. The Lac Courte Oreilles Insurance Appeal Board may require an investigation for an allegedly false or fraudulent claim. On any investigation, the results shall be reported to the Lac Courte Oreilles Insurance Appeal Board. If based on the investigation, the Lac Courte Oreilles Insurance Appeal Board has a reasonable basis to believe that a violation of a State or Federal criminal code has occurred; the Lac Courte Oreilles Insurance Appeal Board may refer the results of the investigation to the Lac Courte Oreilles Tribal Court for final resolution.

CMP.6.6.020 Appeals

If the Employee is dissatisfied with the decision of the Claims Administrator/Managed Care Provider relative to a denial of claimed injury, the Employee may request a hearing before the Lac Courte Oreilles Insurance Appeal Board designated by the Lac Courte Oreilles Tribal Governing Board. The request must be in writing and the Employee must file it within thirty days (30) of the denial date. The decision of the Lac Courte Oreilles Insurance Appeal Board is final and the Employee can pursue no further action.

All testimony at any hearing held under this Ordinance shall be recorded by a recording machine and said duplicate of such recordings will be made available to the Employee or Employer upon written request to the Lac Courte Oreilles Insurance Appeal Board.

CMP.6.6.030 Apportionment of Liability

If it is established at the Lac Courte Oreilles Insurance Appeal Board hearing that two (2) or more parties have each contributed to a physical or mental condition for which benefits would be otherwise due, liability for such benefits shall be apportioned according to the proof of the relative contribution to disability resulting from the injury or illness.

If after the Lac Courte Oreilles Insurance Appeal Board hearing, it has been determined that an injured Employee is entitled to compensation but that there remains in dispute only the issue of which of two (2) or more parties are liable for that compensation and one of the parties is the Employer, the Lac Courte Oreilles Insurance Appeal Board may recommend that the Employer pay the prorated share in an amount, time and manner as determined. If the Lac Courte Oreilles Insurance Appeal Board later determines another party is liable for compensation, reimbursement will be sought from the responsible party.

CMP.6.6.040 Department Forms and Records

The Lac Courte Oreilles Insurance Office shall print and furnish free to any Employee such blank forms as it shall deem requisite to facilitate efficient administration of this Ordinance; it shall keep such record books or records as it shall deem requisite for the proper and efficient administration of the Ordinance.

Records maintained that reveal the identity of an Employee who claims worker's compensation benefits, nature of claimed injury, past or present medical condition, extent of disability, amount, type or duration of benefits paid to the Employee or any financial information provided to the Plan Administrator or Claims Administrator/Managed Care Provider is confidential and not open for inspection. The Plan Administrator may deny a request made or refuse to honor a subpoena issued by an attorney of record in a civil or criminal action or special proceeding to inspect and copy a record that is confidential under this paragraph, unless one of the following applies:

(a) The Employee who is the subject of the record or an attorney or authorized agent of that Employee makes a written request. An Attorney or authorized agent of the Employee who is subject of a record shall provide a written authorization for inspection and copying from the Employee if requested by the Plan Administrator or Claims Administrator/Managed Care Provider for use pursuant to this Ordinance.

(b) A court of competent jurisdiction orders the Plan Administrator or Claims

Administrator/Managed Care Provider to release the record.

(c) The requester is the subunit of the department that administers child support and spousal support or a county child support agency under Wis. Stat S59.53 (5), the request is made under the Wis. Stat S. 49.22 (2m) and the request is limited to the name and address of the Employee who is the subject of the record, the name and address of the Employee's Employer and any financial information about the Employee contained in the record.

(d) The Federal or State Department of Revenue requests the record for the purpose of locating a person, who has failed to file tax returns, who has under reported taxable income or who is a delinquent taxpayer, identifying fraudulent tax returns; or providing information for tax-related prosecutions.

CMP.6.6.050 Maximum Limitations

The maximum medical benefits under this Ordinance available to Employees is limited to one (1) year from the first date of injury or illness with a 26 week maximum for combined Temporary Total Disability and Temporary Partial Disability benefits.

CMP.6.6.060 Burial Expenses

In all cases where death of the Employee proximately results from a work-related injury or illness, the Lac Courte Oreilles Tribal Government will provide burial expenses in an amount not to exceed $7,500.00.

Sec. 16/PERMANENT/PARTIAL IMPAIRMENT

Benefits shall be paid according to the following schedule. Permanent impairment must be based upon medical evidence.

For Total Loss of the Following Body Parts

(by amputation or total loss of use)

Body Parts	Benefits
Thumb	$3,000.00
Index Finger	$3,500.00
Middle Finger	$3,000.00
Ring Finger	$2,500.00
Small Finger	$2,500.00
Great Toe	$2,000.00
One or More Toes (not Great Toe)	$4,000.00
Hand	$8,000.00
Arm	$9,500.00
Foot	$9,000.00
Leg	$10,000.00
Back	$10,500.00
Internal Organ	$10,000.00
Sight of One Eye	$10,000.00
Sight of Both Eyes	$20,000.00
Hearing in One Ear	$8,000.00
Hearing in Both Ears	$16,000.00
Permanent Disfigurement/Scarring	$1,000.00 (Only for face head, neck, or dorsa of the hands.)

CMP.6.6.070 Return to Work

Positions will be held for an Employee with legitimate compensable injury or illness for up to three (3) months for the return of the Employee. The Employer, at the end of three (3) months, can reassess the Employee's position and may fill that position with a permanent replacement Employee. Prior to return to work, the Employee must be cleared for return to work through the primary physician or approved Medical Provider, and a completed Report of Work Ability form must be submitted as set forth in Section CMP.6.4.020 of this Ordinance.

The Employer will make every effort to provide light duty and modified work to the injured Employee after the injured employee has sought medical treatment and has provided the Employer with the appropriate Return to Work Restrictions paperwork. If an injured Employee refuses the light duty or modified work position offered by the Employer, all medical and other benefits will cease immediately. Light duties will be facilitated through the Employer when deemed appropriate by the Claims Administrator/Managed Care Provider.

CMP.6.6.080 Sovereign Immunity

By approval of this Ordinance, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians in no way waives its inherent sovereignty and retains all rights and privileges, including but not limited to, sovereign immunity.

WHEN THE RETURN TO WORK DOCUMENT INDICATES THE EMPLOYEE CAN RETURN TO WORK WITH NO RESTRICTIONS, ALL BENEFITS RELATED TO THE INJURY/ILLNESS SHALL CEASE.