CSV.8.8.040 Penalties

(a) The Agricultural Division may deny, revoke, or suspend any license if a Licensed Producer or Licensed Processor:

(1) Violates any provision of this ordinance; or

(2) Engages in fraud or deception of procurement or attempted procurement of a license under this ordinance; or

(3) Fails to comply with any order or directive of the Agricultural Division issued pursuant to this ordinance.

(b) The Agricultural Division may impose a civil penalty not to exceed five-thousand dollars ($5000) per violation on any person or entity who violates this ordinance or any lawful order of the Agricultural Division.

(c) No criminal penalties shall be authorized for violation of any provision of this ordinance, except as established in Section CSV.8.8.030(f) of this ordinance. This ordinance shall not impact any other provision of applicable Tribal law.

(d) The Agricultural Division shall not impose any penalty against a person alleged to have violated this ordinance until the Agricultural Division has notified the person of the charge in writing and has given the person an opportunity to seek review of the Agricultural Division's decision pursuant to Section CSV.8.4.030 of this ordinance.

(e) If a person's, or an entity's license is denied, suspended, revoked, or voluntarily relinquished for a violation of this ordinance, the Agricultural Division may deny a new application for registration for that person or entity for up to two years generally, or up to five years (in instances where 3 negligent violations occur within 5 years) after the effective date of the suspension, revocation, or relinquishment.

(f) The Agricultural Division is hereby authorized to enforce any penalty authorized under this ordinance in Tribal Court.