TUC.2.3.150 Stay on Judicial Review; Bond

In case the order or decision of the Commission is stayed or suspended by order of the Tribal Court, the order of the Tribal Court shall not become effective until a bond first shall have been executed and filed with and approved by the Tribal Court, payable to the Commission, and sufficient in amount and security to insure the prompt payment by the party appealing of all damages assessed by the Commission's decision, as well as all costs and expenses related to or caused by the delay in the enforcement of the order or decision of the Commission and of all monies which any Person may be compelled to pay pending appeal or review, for transportation, transmission, product, commodity, or service including attorney's fees and costs, as well as damages, in excess of the charges fixed by the order or decision of the Commission, in case such order or decision is sustained. The Tribal Court, in case it stays or suspends the order or decision of the Commission in any matter affecting Rates, also by order shall direct the Utility affected to pay into the Court, from time to time, there to be impounded until the final decision of the case, under such conditions as the Tribal Court may prescribe, all sums of money which may collect from any Person in excess of the sum which such Person would have been compelled to pay if the order or decision of the Commission had not been stayed or suspended. Upon a final determination of the Tribal Court, the Court shall make an appropriate order disposing of the impounded funds in accordance with such determination. In the event the Utility fails to comply with the conditions of the stay bond, the Commission may sue thereon for the use and benefit of the patrons or others who have suffered damage by reason of the stay.