Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado - Tribal Code
Most recent update: February 2014
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Table of Contents.
TITLE 1. GENERAL PROVISIONS
History and Amendments
Article 1. TRIBAL CODE AND JURISDICTION
Sec. 1-1-101. Constitutional Authority.
Sec. 1-1-102. Name of Code.
Sec. 1-1-103. Prior Inconsistent Ordinances Repealed.
Sec. 1-1-104. Amendment.
Sec. 1-1-105. Code of Federal Regulations as Provided in Title 25, 11.1 of the Code of Federal Regulations.
Sec. 1-1-106. Jurisdiction - Tribal Policy.
Sec. 1-1-107. Territorial Jurisdiction.
Sec. 1-1-108. Personal Jurisdiction.
Sec. 1-1-109. Criminal Jurisdiction.
Sec. 1-1-110. Original Jurisdiction.
Sec. 1-1-111. Exclusive Original Jurisdiction.
Sec. 1-1-112. Copy of Law and Order Code.
Sec. 1-1-113. Records of Court Open to Public Inspection - Exceptions.
Sec. 1-1-114. Adoption by Reference - Not a Waiver of Sovereignty.
Sec. 1-1-115. Sovereign Immunity.
Sec. 1-1-116. Jurors and Eligibility for Jury Duty.
Sec. 1-1-117. Trial Juries.
Sec. 1-1-118. Power to Excuse Jurors.
Sec. 1-1-119. Compensation of Jurors.
Sec. 1-1-120. Interpretation of Statuses.
Sec. 1-1-121. Definition of Indian.
Article 2. CIVIL ACTIONS
Sec. 1-2-101. Jurisdiction.
Sec. 1-2-102. Judgments in Civil Actions.
Sec. 1-2-103. Costs in Civil Actions.
Sec. 1-2-104. Payment of Judgment from Individual Indian Monies.
Sec. 1-2-105. Judgment Lawful Debt.
Sec. 1-2-106. Legal Rate of Interest.
Sec. 1-2-107. Restriction of Judgments.
Sec. 1-2-108. Voluntary Assignment.
Sec. 1-2-109. Emergency Care of Assistance - Good Samaritan.
Sec. 1-2-110. Statute of Limitation.
Article 3. TRIBAL COURT, JUDGES AND OTHER PERSONNEL
Sec. 1-3-101. Establishment.
Sec. 1-3-102. Southern Ute Tribal Court Judge,
Sec. 1-3-103. Officers of the Tribal Court.
Sec. 1-3-104. Removal of Judges.
Sec. 1-3-105. Powers and Duties of Judges.
Sec. 1-3-106. Disqualification of Judges.
Sec. 1-3-107. Oath of Office of Judges.
Sec. 1-3-108. Clerks of the Courts.
Sec. 1-3-109. Duties and Powers of Clerks.
Sec. 1-3-110. Probation and Parole Officers.
Sec. 1-3-111. Rules of Court.
Sec. 1-3-112. Bonding of Court Personnel.
Sec. 1-3-113. Counselors and Professional Attorneys.
Sec. 1-3-114. Admission of Attorneys.
Sec. 1-3-115. Discipline of Lay Counsel and Attorneys.
Sec. 1-3-116. Standard of Conduct for Counsel.
Sec. 1-3-117. Contempt.
Sec. 1-3-118. Civil Contempt.
Sec. 1-3-119. Criminal Contempt.
Sec. 1-3-120. Contempt Procedure.
Debt Collection Policies and Procedures (May 7, 2003)
Statement of Purpose
Resolutions No. 2002-235
Resolution No. 2003-74
Resolution No. 2005-226
Attachment 1 AMENDMENTS TO SOUTHERN UTE INDIAN TRIBAL CODE, TITLE 1 ARTICLE III
Sec. 1-3-121. Unclaimed Funds - Tribal Court.
Sec. 1-3-122. Report of Unclaimed Funds - Tribal Court.
Article 4. COLLECTION OF DEBTS OWED TO THE SOUTHERN UTE INDIAN TRIBE AND PROTECTION OF FINANCIAL RESOURCES
Sec. 1-4-101. Purpose.
Sec. 1-4-102. Definitions.
Sec. 1-4-103. Ineligibility for Tribal Benefits and Services.
Sec. 1-4-104. Exempt Services and Payments.
Sec. 1-4-105. Determination of Eligibility.
Sec. 1-4-106. Removal of Ineligibility through Payment or Posting of Bond.
Sec. 1-4-107. Tribal Right of Offset.
Sec. 1-4-108. Administrative Review Process.
Sec. 1-4-109. Administrative Decisions.
Sec. 1-4-110. Severability.
Sec. 1-4-111. Prior Inconsistent Laws repealed.
Letter explaining exempt services
Determination of Ineligibility (flow chart)
Process to Initiate Withholding (flow chart)
Resolution No. 2003-72
Administrative Hearing Procedures for Review of Disputed Debts
Resolution No. 2003-73
Policy and Procedure for Withholding From Tribal Payments
Resolution No. 2003-71
Amendment to the Bill the Consumer/Accounts Receivable Policies and Procedures
Account Holder (flow chart)
Maps - Ute Agency 1977
Article 5. Administrative Appeals and Hearings Office
Sec. 1-5-101. Establishment.
Sec. 1-5-102. Purpose and application.
Sec. 1-5-103. Organization and staff.
Sec. 1-5-104. Power and authority.
Sec. 1-5-105. Judicial enforcement of orders and subpoenas.
Sec. 1-5-106. Right of Appeal.
Sec. 1-5-107. Sovereign Immunity.
Approval letter from BIA Superintendent
Resolution No. 2014-25 (February 11, 2014)
TITLE 2. CIVIL PROCEDURE CODE
Sec. 2-1-101. Scope and Purpose.
Sec. 2-1-102. Commencement of Action.
Sec. 2-1-103. Process - Type of Service.
Sec. 2-1-104. Long Arm Statute.
Sec. 2-1-105. Pleadings.
Sec. 2-1-106. Computation of Time.
Sec. 2-1-107. General Rules of Pleading.
Sec. 2-1-108. Answers and Defenses - When and How Presented - Return for Trial.
Sec. 2-1-109. Counterclaim.
Sec. 2-1-110. Amendment of Pleadings.
Sec. 2-1-111. Intervention or Substitution of Parties.
Sec. 2-1-112. Deposition and Discovery.
Sec. 2-1-113. Injunctions.
Sec. 2-1-114. Assignment of Cases for Trial.
Sec. 2-1-115. Dismissal of Actions.
Sec. 2-1-116. Subpoenas.
Sec. 2-1-117. Evidence.
Sec. 2-1-118. Judgment.
Sec. 2-1-119. Default.
Sec. 2-1-120. New Trial.
Sec. 2-1-121. Stay of Proceedings to Enforce Judgment.
Sec. 2-1-122. Costs.
Sec. 2-1-123. Execution.
Sec. 2-1-124. Place of Trial.
Sec. 2-1-125. Forms.
Sec. 2-1-126. Court Rules.
Sec. 2-1-127. Selection of the Jury Trials.
Sec. 2-1-128. Title.
Sec. 4-1-121. Juries.
Southern Ute Civil Form #5
Article 2. PROTECTION ORDER CODE
Sec. 2-2-101. Declaration and Purpose.
Sec. 2-2-102. Emergency Protection Orders.
Sec. 2-2-103. Issuance of a Temporary Protection Order by the Tribal Court.
Sec. 2-2-104. Issuance of a Permanent Protection Order by the Tribal Court.
Sec. 2-2-105. Orders Protecting Intimate Partners; Limitation on Mutual Protection Orders; Effect.
Sec. 2-2-106. Modification or Dismissal of a Civil Protection order.
Sec. 2-2-107. Full Faith and Credit given to Foreign Protection and/or/ Protection orders.
Sec. 2-2-108. Registration of Foreign Protection orders.
Sec. 2-2-109. Peace Officers not Liable for Actions Taken to Enforce Orders.
Sec. 5-1-107. Offenses against the Administration of Government.
Sec. 4-1-115. Bail.
Resolution No. 2010-84
Resolution No. 96-44
TITLE 3. Appellate code
Sec. 3-1-101. Appeals Court.
Sec. 3-1-102. Procedures for Appeal.
Sec. 3-1-103. Effect of Filing.
Sec. 3-1-104. Appeal Commenced.
Sec. 3-1-105. Notification.
Sec. 3-1-106. Response.
Sec. 3-1-107. Record of Appeal.
Sec. 3-1-108. Oral Argument.
Sec. 3-1-109. Scope of Review.
Sec. 3-1-110. Costs.
Sec. 3-1-111. Petition for Discretionary Appeal.
Sec. 3-1-112. Effect of Decision.
SWITCA Rules of appellate procedures
Rule 1. Scope of rules; tribal rules primary; no diminishment of tribal sovereignty.
Rule 2. Jurisdiction; composition of the court; chief judge; panels; judges' duties.
Rule 3. Authority of appellate court; matters which may be reviewed; advisory opinions.
Rule 4. Determining tribal law; determining questions of law other than tribal law.
Rule 5. Scope of or limitations on review.
Rule 6. Attorneys, counselors and advocates; admission to practice in the court of appeals; ethics code; conflict of interest; suspension or disbarment withdrawing from representing a client.
Rule 7. Suspension or extension of required time schedules.
Rule 8. Computation of time.
Rule 9. Pleadings; informality; handwritten; place of filing; copies; service of process; notice of service; filing; appellate court.
Rule 10. Fees; required payment.
Rule 11. Notice of appeal; where to file; timeliness; consolidated appeals; contents; parties; service; notice to court of appeals; death of party; counsel appointment; jurisdictional challenges; parties joining.
Rule 12. Acceptance or denial of appeal because of jurisdiction.
Rule 13. Interlocutory appeal; request for permission to file; timeliness.
Rule 14. Acceptance of interlocutory appeal; procedure; timeliness.
Rule 15. Certification of the record; duty of lower court; duty of appellate chief judge; parties to receive copy of certification.
Rule 16. Record for appeal; contents; transcription of audio recordings.
Rule 17. Appeal with no record; duty of appellate chief judge; parties to receive copies of certification.
Rule 18. Inadequate record.
Rule 19. Bond; when required; limits.
Rule 20. Stay of judgment or injunction pending appeal; motion; bond; appellate court motion.
Rule 21. Release pending appeal of a conviction; procedure; appellate court motion.
Rule 22. Reconsideration of decision to dismiss appeal; procedure; finality.
Rule 23. Writ of mandamus and prohibition; contents of petition; procedure; time limits; denial without action.
Rule 24. Writ of habeas corpus; contents of petition; procedure; time limits; denial without action.
Rule 25. Motions; where files; contents; certification of service; responses; emergencies.
Rule 26. Filing and serving briefs; schedule; failure to file.
Rule 27. Form and content of briefs; pro se parties.
Rule 28. Pre-hearing conference and order.
Rule 29. Oral argument; when allowed; withdrawal of request; order.
Rule 30. Oral argument hearing; notice; request for postponement or additional time; telephone conference; procedure; failure to appear.
Rule 31. Decision; content and form of judgment.
Rule 32. Entry of judgment.
Rule 33. Interest on money judgments.
Rule 34. Costs of appeal; requests for costs.
Rule 35. Petition for rehearing; contents of petition; procedure.
Rule 36. Voluntary dismissal; stipulation; motion.
Rule 37. Substitution of personal representative for a party.
Rule 38. Severability.
Rule 39. Rules by court of appeals.
Rule 40. Facsimile; transmission of documents; responsibility of transmitting party; hard copy required.
Rule 41. Definitions.
TITLE 4. CRIMINAL PROCEDURE CODE
Sec. 4-1-101. Definitions
Sec. 4-1-102. Complaint.
Sec. 4-1-103. Arrest.
Sec. 4-1-104. Notification of Rights at Time of Arrest.
Sec. 4-1-105. Arrest Without a Warrant.
Sec. 4-1-106. Officer Permitted to Break Into Dwelling House.
Sec. 4-1-107. Execution of the Warrant.
Sec. 4-1-108. Arrest Pursuant to a State Warrant or Summons.
Sec. 4-1-109. Summons in Lieu of Warrant.
Sec. 4-1-110. Issuance of a Search Warrant.
Sec. 4-1-111. Execution in Return of Search Warrant.
Sec. 4-1-112. Disposition of Seized Property.
Sec. 4-1-113. Search Without a Warrant.
Sec. 4-1-114. Arraignment.
Sec. 4-1-115. Bail.
Sec. 4-1-116. Withdrawal of Guilty Plea.
Sec. 4-1-117. Standards Governing Appearance of Attorneys and Counsel.
Sec. 4-1-118. Subpoenas.
Sec. 4-1-119. Joinder.
Sec. 4-1-120. Discovery.
Sec. 4-1-121. Juries. (Amended by Resolution No. 2010-52, March 9, 2010)
Sec. 4-1-122. Jury Requests.
Sec. 4-1-123. Order of Proceedings at Trial.
Sec. 4-1-124. Sentencing.
Sec. 4-1-125. Parole.
Sec. 4-1-126. New Trial.
Sec. 4-1-127. Dismissal.
Sec. 4-1-128. Service and Filing of Papers.
Sec. 4-1-129. Records.
Sec. 4-1-130. Procedure Not Otherwise Specified.
Sec. 4-1-131. Verdict.
Article 2. SPECIAL PROCEDURES RELATING TO JUVENILE DELINQUENTS
Sec. 4-2-101. Legislative Declaration.
Sec. 4-2-102. Definitions.
Sec. 4-2-103. Jurisdiction.
Sec. 4-2-104. Applicability of Other Provisions of the Criminal Procedure Code.
Sec. 4-2-105. Powers of the Court.
Sec. 4-2-106. Juvenile Offenses.
Sec. 4-2-107. Petitions.
Sec. 4-2-108. Arrest.
Sec. 4-2-109. Notification of Rights.
Sec. 4-2-110. Transfers from Other Courts.
Sec. 4-2-111. Informal Conference.
Sec. 4-2-112. Deferred Adjudications.
Sec. 4-2-113. Revocation of Deferred Adjudication.
Sec. 4-2-114. Medical, Psychological, and Substance Abuse Assessment.
Sec. 4-2-115. Pre-Adjudication Examination of Disabled Child.
Sec. 4-2-116. Adjudications.
Sec. 4-2-117. Information from Law Enforcement and Court Records.
Resolution No. 94-1
BIA letter April 18, 1994
BIA letter April 27, 1994
Resolution No. 2010-52
TITLE 5. CRIMINAL CODE
Sec. 5-1-101. Federal/Tribal Concurrent Jurisdiction.
Sec. 5-1-102. Attempt, Conspiracy, Solicitation.
Sec. 5-1-103. Offenses Against the Person.
Sec. 5-1-104. Offenses Against Property.
Sec. 5-1-105. Offenses Against the Family.
Sec. 5-1-106. Offenses Against Public Order and Decency.
Sec. 5-1-107. Offenses Against the Administration of Government.
Sec. 5-1-108. Offenses Relating to Animals.
Sec. 5-1-109. Offenses Against Public Health, Safety, Welfare and Morals.
Resolution No. 96-38
Resolution No. 98-115
BIA Letter November 18, 1998
Resolution No. 99-31
Resolution No. 00-172
Attachment 4-amending 5-1-105
Public defender guidelines
TITLE 6. CHILDREN'S CODE
Article 1. GENERAL PROVISIONS.
Sec. 6-1-101. Legislative Declaration.
Sec. 6-1-102. Interpretation.
Sec. 6-1-103. Definitions.
Sec. 6-1-104. Jurisdiction.
Sec. 6-1-105. Transfer.
Sec. 6-1-106. Reporting Suspected Child Abuse or Neglect.
Article 2. TRIBAL LAW ENFORCEMENT.
Sec. 6-2-101. Temporary Emergency Custody.
Sec. 6-2-102. Notification.
Sec. 6-2-103. Referral to Tribal Social Services.
Article 3. TRIBAL SOCIAL SERVICES.
Sec. 6-3-101. Authority.
Sec. 6-3-102. Duties.
Sec. 6-3-103. Access to Residence or Child.
Sec. 6-3-104. Child Protection Team Presentation.
Sec. 6-3-105. Notice of Findings.
Sec. 6-3-106. Tribal Court Appeals of Child Protection Team Determination.
Sec. 6-3-107. Stay of Appeal Proceedings.
Sec. 6-3-108. Report to Child Abuse Registry.
Article 4. CHILD PROTECTION TEAM.
Sec. 6-4-101. Purpose.
Sec. 6-4-102. Authority and Function.
Sec. 6-4-103. Confidentiality.
Sec. 6-4-104. Membership.
Sec. 6-4-105. Coordinator.
Sec. 6-4-106. Duties.
Article 5. THE CHILDREN'S COURT
Sec. 6-5-101. Establishment.
Sec. 6-5-102. Personnel.
Sec. 6-5-103. Authority.
Sec. 6-5-104. Rights of Parties.
Sec. 6-5-105. Identification of Natural Parents.
Sec. 6-5-106. Notice.
Sec. 6-5-107. Service of Process.
Sec. 6-5-108. Hearing Procedure.
Sec. 6-5-109. Emergency Protective Custody Order.
Sec. 6-5-110. Temporary Protective Custody.
Sec. 6-5-111. Temporary Protective Custody Orders.
Sec. 6-5-112. Confidentiality of Children's Court Records.
Article 6. DEPENDENCY, NEGLECT AND CHILDREN IN NEED OF SUPERVISION.
Sec. 6-6-101. Informal Resolution.
Sec. 6-6-102. Filing of Petitions.
Sec. 6-6-103. Adjudicatory/Dispositional Hearing.
Sec. 6-6-104. Evidentiary Standards.
Sec. 6-6-105. Adjudication.
Sec. 6-6-106. Dispositions Available to Court.
Sec. 6-6-107. Court Orders.
Sec. 6-6-108. Responsibility for Payment.
Sec. 6-6-109. Periodic Review Hearings.
Sec. 6-6-110. Dispositional/Permanency Planning Hearings.
Sec. 6-6-111. Additional Procedural Safeguards.
Sec. 6-6-112. Social Services Report.
Sec. 6-6-113. Review Orders.
Article 7. GUARDIANSHIP.
Sec. 6-7-101. Authority.
Sec. 6-7-102. Appointment of Guardian by Will.
Sec. 6-7-103. Temporary Guardianship.
Sec. 6-7-104. Permanent Guardianship.
Sec. 6-7-105. Visitation with Extended Family.
Sec. 6-7-106. Petition for Guardianship.
Sec. 6-7-107. Home Study and Report.
Sec. 6-7-108. Court Order.
Sec. 6-7-109. Inventory and Appraisal.
Sec. 6-7-110. Duties and Powers of Guardians.
Sec. 6-7-111. Statute of Limitations.
Sec. 6-7-112. Compensation.
Sec. 6-7-113. Management of the Child's Property.
Sec. 6-7-114. Termination of Guardianship and Discharge/Replacement of Guardian.
Article 8. TERMINATION OF PARENTAL RIGHTS.
Sec. 6-8-101. Legislative Declaration and Purpose.
Sec. 6-8-102. Voluntary Relinquishment.
Sec. 6-8-103. Placement of Child Following Voluntary Relinquishment of Parental Rights.
Sec. 6-8-104. Involuntary Termination.
Sec. 6-8-105. Involuntary Termination Factors.
Sec. 6-8-106. Petitions for Involuntary Termination.
Sec. 6-8-107. Notice.
Sec. 6-8-108. Representation by Counsel.
Sec. 6-8-109. Termination Hearing Report.
Sec. 6-8-110. Grounds for Termination.
Sec. 6-8-111. Court Order.
Sec. 6-8-112. Effects of Termination Order.
Sec. 6-8-113. Placement of Child Following Involuntary Termination.
Sec. 6-8-114. Review Hearings.
Article 9. ADOPTION.
Sec. 6-9-101. Legislative Declaration and Purpose.
Sec. 6-9-102. Availability for Adoption.
Sec. 6-9-103. Petition for Adoption.
Sec. 6-9-104. Placement Pending Adoption.
Sec. 6-9-105. Contents of Pre-Adoption Home Study.
Sec. 6-9-106. Hearings.
Sec. 6-9-107. Court Orders.
Sec. 6-9-108. Legal Effects of Final Decree of Adoption.
Sec. 6-9-109. Official Records.
Sec. 6-9-110. Compensation.
Sec. 6-9-111. Reversing a Final Decree of Adoption.
Minor's Per Capita Policy
III. Roles & Responsibilities.
VI. Use of Substance Accounts.
Resolution No. 00-111
TITLE 7. DOMESTIC RELATIONS CODE
Sec. 7-1-101. Jurisdiction.
Sec. 7-1-102. Existing Marriages.
Sec. 7-1-103. Marriage.
Sec. 7-1-104. Marriage License.
Sec. 7-1-105. Marriage Ceremony - Who May Perform.
Sec. 7-1-106. Marriage Ceremony.
Sec. 7-1-107. Void Marriages.
Sec. 7-1-108. Annulment.
Sec. 7-1-109. Statute of Limitations on Actions to Annul.
Sec. 7-1-110. Legitimacy of the Children.
Sec. 7-1-111. Dissolution of Marriage.
Sec. 7-1-112. Temporary Order.
Sec. 7-1-113. Separation Agreement.
Sec. 7-1-114. Disposition of Property.
Sec. 7-1-115. Alimony.
Sec. 7-1-116. Temporary Orders for Custody.
Sec. 7-1-117. Interviews.
Sec. 7-1-118. Affidavit Practice.
Sec. 7-1-119. Investigations and Reports.
Sec. 7-1-120. Hearings.
Sec. 7-1-121. Visitation.
Sec. 7-1-122. Modification of Custody.
Sec. 7-1-123. Statutory Interpretation.
Sec. 7-1-124. Child Support.
Sec. 7-1-125. Representation of Child.
Sec. 7-1-126. Paternity Proceedings.
Sec. 7-1-127. Attorney's Fees.
Sec. 7-1-128. Decree.
Sec. 7-1-129. Modification and Termination of Provisions for Maintenance, Support and Property Disposition.
Sec. 7-1-130. Commencement of Custody Proceedings.
Sec. 7-1-131. Adoption.
Sec. 7-1-132. Placement for Purpose of Adoption.
Sec. 7-1-133. Written Consent and Report.
Sec. 7-1-134. Petition for Adoption.
Sec. 7-1-135. Petition, Written Reports.
Sec. 7-1-136. Hearing on Petition for Adoption.
Sec. 7-1-137. Legal Effects on Petition for Adoption.
Sec. 7-1-138. Copies of Order of Adoption - To Whom Given.
Sec. 7-1-139. Compensation for Placing Child Prohibited.
Sec. 7-1-140. The Statute of Limitations - Adoption.
Sec. 7-1-141. Change of Name.
Sec. 7-1-142. Short Title.
Memo - Tribal Recognition of Common Law Marriage
Resolution No. 00-172
Attachment 3 - Child Support Provisions For Inclusion in Domestic Relations Code
Certification for blood tests
TITLE 8. PROTECTIVE CUSTODY CODE
Article 1. GUARDIANSHIP
Sec. 8-1-101. Jurisdiction.
Sec. 8-1-102. Petition.
Sec. 8-1-103. Notice.
Sec. 8-1-104. Requirements.
Sec. 8-1-105. Security for Faithful Performance of Duty.
Sec. 8-1-106. Oath, Letters of Guardianship.
Sec. 8-1-107. Inventory and Appraisal.
Sec. 8-1-108. Annual Accounting.
Sec. 8-1-109. Guardian's Compensation.
Sec. 8-1-110. Powers and Responsibilities of Guardians.
Sec. 8-1-111. Discharge of Guardian.
Sec. 8-1-112. Guardianship Records.
Sec. 8-1-113. Guardianship of Trust Property.
Sec. 8-1-114. Temporary Guardianship and Custody.
Article 2. MENTAL HEALTH SERVICE
Sec. 8-2-101. Voluntary Application for Mental Health Services.
Sec. 8-2-102. Rights of Respondents.
Sec. 8-2-103. Emergency Procedure.
Sec. 8-2-104. Guardian for Legal Proceedings.
Sec. 8-2-105. Court Ordered Evaluation for Mentally Ill Persons.
Sec. 8-2-106. Certification for Treatment.
Sec. 8-2-107. Hearing Procedure.
Sec. 8-2-108. Extension of Term of Treatment.
Sec. 8-2-109. Termination of Treatment.
Sec. 8-2-110. Right to Treatment.
Sec. 8-2-111. Rights of Persons Receiving Evaluation, Care and Treatment.
Sec. 8-2-112. Charges for Patients.
Sec. 8-2-113. Cost Determination.
Article 3. ALCOHOLISM AND INTOXICATION TREATMENT
Sec. 8-3-101. Policy.
Sec. 8-3-102. Definitions.
Sec. 8-3-103. Powers of the Southern Ute Indian Tribal Council.
Sec. 8-3-104. Duties of the Southern Ute Indian Tribal Council.
Sec. 8-3-105. Standards for Public and Private Treatment Facilities, Enforcement Procedures and Penalties.
Sec. 8-3-106. Acceptance of Treatment - Rules.
Sec. 8-3-107. Voluntary Treatment of Alcoholics.
Sec. 8-3-108. Treatment and Services for Intoxicated Persons and Persons Incapacitated by Alcohol.
Sec. 8-3-109. Emergency Commitment.
Sec. 8-3-110. Involuntary Commitment.
Sec. 8-3-111. Records of an Alcoholic or Intoxicated Person.
Sec. 8-3-112. Visitation and Communication of Patients.
Sec. 8-3-113. Payment for Treatment, Financial Ability of Patients.
Sec. 8-3-114. Criminal Laws - Limitations.
Resolution No. 98-115
Article 4. ELDER AND AT-RISK ADULT PROTECTION
Sec. 8-4-101. Policy.
Sec. 8-4-102. Purpose.
Sec. 8-4-103. Definitions.
Sec. 8-4-104. Duty to Report.
Sec. 8-4-105. Reporting Self-Neglect.
Sec. 8-4-106. Notification of Other Agencies.
Sec. 8-4-107. Failure to Report.
Sec. 8-4-108. Immunity for Reporting.
Sec. 8-4-109. Bad Faith Report.
Sec. 8-4-110. Offer of Services.
Sec. 8-4-111. Rights of Elders, At-Risk Adults, Their Families and Caretakers.
Sec. 8-4-112. Confidentiality of Reporter, Records, Hearings, Penalties for Noncompliance.
Sec. 8-4-113. Privileged Communication.
Sec. 8-4-114. Investigation.
Sec. 8-4-115. Report.
Sec. 8-4-116. Coordination of Investigation.
Sec. 8-4-117. Emergency Removal.
Sec. 8-4-118. Petition for an Emergency Adult Protection Order.
Sec. 8-4-119. Emergency Adult Protection Order.
Sec. 8-4-120. Emergency Adult Protection Order Hearing.
Sec. 8-4-121. Long-Term Adult Protection Order Procedures.
Sec. 8-4-122. Long-Term Adult Protection Order.
Sec. 8-4-123. Elder and At-risk Adult Protection Team.
Sec. 8-4-124. Membership.
Sec. 8-4-125. Coordinator.
Sec. 8-4-126. Duties.
Sec. 8-4-127. Confidentiality.
Sec. 8-4-128. Criminal Prosecutions.
Resolution No. 04-53
TITLE 9. PROBATE CODE
Sec. 9-1-101. Short Title.
Sec. 9-1-102. Purposes, Rules of Construction.
Sec. 9-1-103. Effect of Fraud and Evasion.
Sec. 9-1-104. Evidence as to Death.
Sec. 9-1-105. Jurisdiction.
Sec. 9-1-106. Small Estates.
Sec. 9-1-107. Effect of Affidavits.
Sec. 9-1-108. Small Estate Administration.
Sec. 9-1-109. Small Estate Closing Statement.
Sec. 9-1-110. Reference to Other Law.
Sec. 9-1-111. Administration of Estates Other Than Small Estates.
Sec. 9-1-112. Wills.
Sec. 9-1-113. Claims.
Sec. 9-1-114. Distribution.
Sec. 9-1-115. Descent and Distribution.
Sec. 9-1-116. Expenses and Fees of Probate.
Resolution No. 94-11
BIA letter May 9, 1994
BIA letter May 12, 1994
TITLE 10. EXCLUSION AND REMOVAL CODE
Sec. 10-1-101. Persons Subject to Exclusion and Removal.
Sec. 10-1-102. Grounds for Exclusion and Removal.
Sec. 10-1-103. Proceedings for Exclusion and Removal.
Sec. 10-1-104. Hearings for Exclusion and Removal.
Resolution No. 96-01
Resolution No. 96-96
TITLE 11. ELECTION CODE
Article 1. GENERAL PROVISIONS.
Sec. 11-1-101. Applicability.
Sec. 11-1-102. Gender.
Sec. 11-1-103. Qualifications to Vote.
Sec. 11-1-104. Registration.
Sec. 11-1-105. Types and Dates of Elections.
Sec. 11-1-106. Terms of Office.
Sec. 11-1-107. Qualifications for Tribal Office.
Article 2. ELECTION BOARD
Sec. 11-2-101. Membership.
Sec. 11-2-102. Qualifications.
Sec. 11-2-103. Conflict of Interest and Appearance of Impropriety.
Sec. 11-2-104. Removal and Vacancies.
Sec. 11-2-105. Officers.
Sec. 11-2-106. Duties.
Sec. 11-2-107. Political Activities Prohibited.
Article 3. FILING AS A CANDIDATE
Sec. 11-3-101. Statements of Intention and Releases.
Sec. 11-3-102. Determination of Election Board.
Article 4. ELECTION PROCEDURES.
Sec. 11-4-101. Selection of Polling Place.
Sec. 11-4-102. Notice of Election.
Sec. 11-4-103. Ballots.
Sec. 11-4-104. Voting Procedures.
Sec. 11-4-105. Voter Conduct at the Election.
Sec. 11-4-106. Prohibition Against Campaign Activity.
Article 5. ABSENTEE VOTING
Sec. 11-5-101. Eligibility for Absentee Ballot.
Sec. 11-5-102. Application for Absentee Ballot.
Sec. 11-5-103. Absentee Ballot Return Envelope.
Sec. 11-5-104. Absentee Voter Records.
Sec. 11-5-105. Election Board Absentee Ballot Procedures.
Sec. 11-5-106. Absentee Voting Procedures.
Sec. 11-5-107. Emergency Absentee Voting Procedures.
Article 6. DETERMINATION OF ELECTION OUTCOME
Sec. 11-6-101. Count of Ballots.
Sec. 11-6-102. Request for Recount.
Article 7. CERTIFICATION OF ELECTION RESULTS
Sec. 11-7-101. Action by Election Board.
Sec. 11-7-102. Action by Tribal Council.
Sec. 11-7-103. Right to Contest.
Article 8. RECALL ELECTIONS
Sec. 11-8-101. Petition.
Sec. 11-8-102. Election Board Verification of the Recall Petition.
Sec. 11-8-103. Recall Elections.
Article 9. REFERENDA
Sec. 11-9-101. Petition.
Sec. 11-9-102. Election Board Verification of the Referendum Petition.
Sec. 11-9-103. Referendum.
Article 10. SPECIAL ELECTIONS
Sec. 11-10-101. Rules Applicable.
Sec. 11-10-102. Run-off Election.
Sec. 11-10-103. Special Election to Fill a Vacancy in the Position of a Southern Ute Indian Tribal Council Member of Tribal Chairman.
Article 11. ELECTION DISPUTES
Sec. 11-11-101. Filing Complaint of Irregularity.
Sec. 11-11-102. Complaints of Election Irregularity.
Article 12. JUDICIAL REVIEW OF ELECTION BOARD ORDER ON COMPLAINT OF ELECTION IRREGULARITY
Sec. 11-12-101. Jurisdiction.
Sec. 11-12-102. Procedure.
Sec. 11-12-103. Notice.
Sec. 11-12-104. Standard and Scope.
Sec. 11-12-105. Costs and Attorneys Fees.
Sec. 11-12-106. Waiver of Officer and Employee Immunity.
Article 13. ELECTION OFFENSES
Sec. 11-13-101. Offenses Defined.
Sec. 11-13-102. Penalties.
Article 14. ACCESS TO ELECTION BOARD RECORDS
Sec. 11-14-101. Inspection of Records.
Sec. 11-14-102. Confidential Records.
TITLE 12. RANGE CODE
Sec. 12-1-101. Purpose
Sec. 12-1-102. Jurisdiction.
Sec. 12-1-103. Definitions.
Sec. 12-1-104. Grazing Capacity.
Sec. 12-1-105. Range Units.
Sec. 12-1-106. Grazing Permits.
Sec. 12-1-107. Permit Maps, Range Control Stipulations.
Sec. 12-1-108. Grazing Fees.
Sec. 12-1-109. Range Operation and Management.
Sec. 12-1-110. Range Improvements and Development.
Sec. 12-1-111. Violation and Enforcement.
Sec. 12-1-112. Short Title.
TITLE 13. WILDLIFE CONSERVATION CODE
Article 1. DEFINITIONS, ORGANIZATION, REGULATIONS
Sec. 13-1-101. General.
Sec. 13-1-102. Definitions.
Sec. 13-1-103. The Southern Ute Division of Wildlife Resource Management.
Sec. 13-1-104. The Southern Ute Natural Resources Enforcement Division.
Sec. 13-1-105. Conflict of Interest.
Sec. 13-1-106. Fish and Wildlife Regulations.
Sec. 13-1-107. Publication of Fish and Wildlife Regulations.
Sec. 13-1-108. Emergency Regulations.
Article 2. PERMIT REQUIREMENTS
Sec. 13-2-101. Hunting, Fishing and Trapping Permit Requirements for Tribal Members.
Sec. 13-2-102. Hunting, Fishing and Trapping Permit Requirements for Nonmembers of the Tribe.
Sec. 13-2-103. Hunter Safety Training Course.
Sec. 13-2-104. Sale of Permits and Tags.
Sec. 13-2-105. Denial Suspension and Revocation of Permit Privileges.
Sec. 13-2-106. Administrative Appeal.
Sec. 13-2-107. Judicial Review.
Article 3. OFFENSES
Sec. 13-3-101. Disobeying a Natural Resources Enforcement Officer.
Sec. 13-3-102. Failing to Provide Sex Identification of Carcass of Wildlife.
Sec. 13-3-103. Failing to Tag Wildlife Property.
Sec. 13-3-104. Failing to Wear Daylight or Fluorescent Orange Garments.
Sec. 13-3-105. Guiding or Outfitting Offenses.
Sec. 13-3-106. Hunting or Fishing Outside Legal Hours.
Sec. 13-3-107. Hunting, Fishing or Trapping During Closed Season.
Sec. 13-3-108. Hunting, Fishing or Trapping in a Closed Area.
Sec. 13-3-109. Hunting or Trapping on Private Property or Tribal Land Assignment Without Permission.
Sec. 13-3-110. Accessing a Stream for Fishing and Fishing Outside Designated Access and Fishing Easements.
Sec. 13-3-111. Hunting, Fishing or Trapping Without Required Permit or Tag.
Sec. 13-3-112. Harassing Wildlife.
Sec. 13-3-113. Making a False Statement In Obtaining a Permit.
Sec. 13-3-114. Altering A Permit.
Sec. 13-3-115. Permitting Unauthorized Non-Tribal Member on Reservation.
Sec. 13-3-116. Illegal Introduction or Export of Wildlife.
Sec. 13-3-117. Purchasing, Selling, Bartering, Trading or Exchanging Wildlife for Profit.
Sec. 13-3-118. Refusing to Allow Inspection.
Sec. 13-3-119. Failure to Stop at a Check Station.
Sec. 13-3-120. Spotlighting.
Sec. 13-3-121. Taking Wildlife Other Than By Methods Prescribed.
Sec. 13-3-122. Unlawful Taking or Possession of Wildlife.
Sec. 13-3-123. Using a Dog to Take Wildlife.
Sec. 13-3-124. Using a Permit or Tag Not Issued to a Party.
Sec. 13-3-125. Using a Motor Vehicle or Aircraft for the Purpose of Hunting.
Sec. 13-3-126. Shooting From a Motor Vehicle.
Sec. 13-3-127. Using Illegal Firearms or Ammunition.
Sec. 13-3-128. Using Nets, Trotlines or Traps.
Sec. 13-3-129. Baiting Wildlife.
Sec. 13-3-130. Using Wildlife as Bait.
Sec. 13-3-131. Wastage of Wildlife Meat.
Sec. 13-3-132. Wounding of Animals.
Sec. 13-3-133. Crossing a Closed Road.
Sec. 13-3-134. Driving Off Established Roads.
Sec. 13-3-135. Exceeding Bag or Possession Limits.
Sec. 13-3-136. Taking Undersized Fish.
Sec. 13-3-137. Use of Calling Devices.
Sec. 13-3-138. Shooting from the Road.
Sec. 13-3-139. Obtaining Permit When Already Revoked.
Sec. 13-3-140. Failure to Comply With a Permit.
Sec. 13-3-141. Hunting or Possessing a Firearm While Under the Influence of, or While Ability is Impaired by, Alcohol or Drugs.
Sec. 13-3-142. Impersonating a Law Enforcement Officer.
Sec. 13-3-143. Possessing a Loaded Firearm in a Motor Vehicle.
Sec. 13-3-144. Refusing to Allow Inspection of Chamber.
Sec. 13-3-145. Willful Destruction of Wildlife.
Sec. 13-3-146. Intentional Interference with Lawful Activities.
Sec. 13-3-147. Omnibus Provision.
Article 4. PENALTIES AND PROCEDURES
Sec. 13-4-101. Civil Penalties.
Sec. 13-4-102. Civil Penalty Assignment.
Sec. 13-4-103. Criminal Penalties.
Sec. 13-4-104. Statute of Limitations.
Article 5. EVIDENCE AND ADDITIONAL PENALTIES
Sec. 13-5-101. Possession of Presumptive Evidence.
Sec. 13-5-102. Additional Penalties.
Sec. 13-5-103. Seizure.
Sec. 13-5-104. Forfeiture.
Sec. 13-5-105. Disposal of Confiscated Items.
Article 6. SHORT TITLE
Sec. 13-6-101. Short Title.
Schedule of Civil Penalties & Permit Denial, Suspension And/Or Revocation Points
Resolution No. 2002-215
Resolution No. 2007-78
TITLE 14. TRAFFIC CODE
Section 14-1-101. Provisions.
Section 14-1-102. Definitions.
Section 14-1-103. Licenses for Drivers.
Section 14-1-104. Registration Provisions.
Section 14-1-105. Traffic Regulation.
Section 14-1-106. Snowmobile Regulation.
Section 14-1-107. Equipment.
Section 14-1-108. Inspection.
Section 14-1-109. Signals, Signs, Markings.
Section 14-1-110. Rights of Way.
Section 14-1-111. Pedestrians.
Section 14-1-112. Turning - Stopping.
Section 14-1-113. Driving - Overtaking - Passing.
Section 14-1-114. Speed Regulations.
Section 14-1-115. Parking.
Section 14-1-116. Other Offenses.
Section 14-1-117. Motorcycles.
Section 14-1-118. Accidents and Accident Reports.
Section 14-1-119. Penalties and Procedure.
Section 14-1-120. Automobile Theft Law.
Section 14-1-121. Reports of Moving Violations.
Section 14-1-122. Short Title.
Article 2. ALCOHOL AND DRUG DRIVING OFFENSES
Sec. 14-2-101. Definitions.
Sec. 14-2-102. Driving Under the Influence and Driving While Ability Impaired.
Sec. 14-2-103. Presumptions.
Sec. 14-2-104. Chemical Tests for Alcohol and Drugs.
Sec. 14-2-105. Express Consent Notice.
Sec. 14-2-106. Refusal.
Sec. 14-2-107. Testing Procedure.
Sec. 14-2-108. Sentencing for DUI and DWAI.
Article 3. DRIVING PRIVILEGE REVOCATIONS
Sec. 14-3-101. Purposes.
Sec. 14-3-102. Administration.
Sec. 14-3-103. Issuance of Notices of Revocation and Temporary Permits by Peace Officers.
Sec. 14-3-104. Documentation.
Sec. 14-3-105. Revocations by Department.
Sec. 14-3-106. Notice From Department.
Sec. 14-3-107. Effective Date of Revocation.
Sec. 14-3-108. Periods of Revocation.
Sec. 14-3-109. Probationary or Restricted Licenses Granted by a State.
Sec. 14-3-110. Hearing Requests.
Sec. 14-3-111. Temporary Permits Pending Hearing.
Sec. 14-3-112. Hearings.
Sec. 14-3-113. Authority of Hearing Officer.
Sec. 14-3-114. Determination at Hearing.
Sec. 14-3-115. Hearing Procedures.
Sec. 14-3-116. Judicial Review of Hearing Officer Determination.
Sec. 14-3-117. Enforcement of Orders.
Sec. 14-3-118. Forwarding Others to the State.
BIA Letter July 17, 2001
Ordinance No. 91-03 Mandatory use of safety belts
Resolution No. 91-141
Ordinance No. 91-02 Child Restraint System Requirements
Resolution No. 91-140
Resolution No. 98-115
Resolution No. 2004-241
BIA Letter November 18, 1998
Intergovernmental Agreement Concerning Revocation of Drivers' Licenses
TITLE 15. ENFORCEMENT OF SECURED TRANSACTIONS
Article 1. FORECLOSURE OF SECURED OBLIGATIONS.
Sec. 15-1-101. Self-Help Remedies Eliminated.
Sec. 15-1-102. One Action to Foreclose Security Interest.
Sec. 15-1-103. Action to Foreclose Interest in Personal Property.
Sec. 15-1-104. Action to Foreclose Mortgage.
Sec. 15-1-105. Sale of Property - Notice.
Sec. 15-1-106. Conduct of Sale.
Sec. 15-1-107. Return on Sale.
Sec. 15-1-108. Title to Real Property.
Sec. 15-1-109. Redemption.
Sec. 15-1-110. Surpluses and Deficiencies from Sales.
Article 2. ACTIONS TO RECOVER POSSESSION OF REAL PROPERTY.
Sec. 15-2-101. Self-Help Remedies Forbidden.
Sec. 15-2-102. Definitions.
Sec. 15-2-103. Notices - How Served.
Sec. 15-2-104. Actions to Regain Possession.
Sec. 15-2-105. Judgment.
Article 3. SHORT TITLE.
Sec. 15-3-101. Short Title.
Article 4. RECOGNITION AND FORECLOSURE OF STATE TAX LIENS.
Sec. 15-4-101. Enactment and Title.
Sec. 15-4-102. Purposes.
Sec. 15-4-103. Duration.
Sec. 15-4-104. Findings.
Sec. 15-4-105. State Tax Liens on Tribally-Owned Interests.
Sec. 15-4-106. State Tax Liens on Interests Owned by Indians.
Sec. 15-4-107. State Tax Liens on Non-Indian Owned Interests on Non-Indian Fee Lands.
Sec. 15-4-108. State Tax Liens on Non-Indian Owned Property Derived from or Associated with Activities Occurring on Tribal Land.
Sec. 15-4-109. State Tax Liens on Tribal or Indian-Owned Interests.
Sec. 15-4-110. Action to Recognize.
Sec. 15-4-111. An Action to Foreclose or Execute.
TITLE 16. CLASS III GAMING CODE
Article 1. GENERAL PROVISIONS.
Sec. 16-1-101. Short Title.
Sec. 16-1-102. Legislative Declaration.
Sec. 16-1-103. Definitions.
Sec. 16-1-104. Construction.
Sec. 16-1-105. Authorized Games.
Sec. 16-1-106. Unauthorized Games.
Sec. 16-1-107. Proprietary Interest.
Sec. 16-1-108. Gaming Authorization - Regulation.
Sec. 16-1-109. Enforcement.
Sec. 16-1-110. Severability.
Sec. 16-1-111. Effective Date.
Sec. 16-1-112. Repeal.
Article 2. DIVISION OF GAMING.
Sec. 16-2-101. Division of Gaming - Creation.
Sec. 16-2-102. Function of Division.
Sec. 16-2-103. Director - Qualifications - Powers and Duties.
Sec. 16-2-104. Investigator Qualifications.
Sec. 16-2-105. Investigators - Peace Officers.
Sec. 16-2-106. Division of Gaming - Access to Records.
Article 3. SOUTHERN UTE INDIAN TRIBAL GAMING COMMISSION.
Sec. 16-3-101. Gaming Commission - Appointment and Terms.
Sec. 16-3-102. Commission Member Qualifications.
Sec. 16-3-103. Removal.
Sec. 16-3-104. Powers and Duties.
Sec. 16-3-105. Delegation.
Sec. 16-3-106. Commission Meetings.
Sec. 16-3-107. Communications - Privileged and Confidential.
Sec. 16-3-108. Appointment of Task Forces.
Article 4. CONFLICT OF INTEREST.
Sec. 16-4-101. Conflict of Interest.
Sec. 16-4-102. Financial Interest Restrictions.
Sec. 16-4-103. Persons Prohibited from Interest in Gaming.
Article 5. LICENSING.
Sec. 16-5-101. Licenses.
Sec. 16-5-102. Gaming License Term.
Sec. 16-5-103. Gaming Related License Terms.
Sec. 16-5-104. Key Licensee - Determination of Status.
Sec. 16-5-105. Suppliers and Vendors on a Percentage Basis - Licensure Requirements.
Sec. 16-5-106. Temporary Licenses.
Sec. 16-5-107. Conditional Gaming Licenses.
Sec. 16-5-108. Qualifications for Licensure.
Sec. 16-5-109. Considerations for Licensure.
Sec. 16-5-110. Licenses - Revocable - Nontransferable.
Sec. 16-5-111. Gaming Facility - Floor Plan.
Sec. 16-5-112. Gaming Facilities - Health and Safety Standards.
Sec. 16-5-113. Gaming License Disqualification Criteria.
Sec. 16-5-114. Gaming Related License Disqualification Criteria.
Sec. 16-5-115. Deferred Prosecution, Judgment or Sentence.
Sec. 16-5-116. Applicants and Licensees - Providing Information.
Sec. 16-5-117. Gaming Related License Applications and Investigations for Licensure.
Sec. 16-5-118. License Fees.
Sec. 16-5-119. Application - Authorization for Background Investigation - Waiver of Confidentiality.
Sec. 16-5-120. Waiver of Liability - Disclosures or Publications.
Sec. 16-5-121. Confidentiality of Records.
Sec. 16-5-122. Renewal of Licenses.
Sec. 16-5-123. Duplicate Licenses.
Sec. 16-5-124. Reapplication.
Sec. 16-5-125. Appeal of Final Action of Commission.
Article 6. GAMING LICENSE APPLICATIONS, INVESTIGATIONS AND LICENSURE
Sec. 16-6-101. Qualifications for Licensure.
Sec. 16-6-102. Gaming License Applications.
Sec. 16-6-103. Gaming Background Investigations - Procedures.
Sec. 16-6-104. Fees.
Sec. 16-6-105. Regulation of Ownership Interests.
Sec. 16-6-106. Untrue Statements.
Sec. 16-6-107. Withdrawal of Application.
Sec. 16-6-108. Recommendation and Order.
Sec. 16-6-109. Approval.
Article 7. RIGHTS AND DUTIES OF OPERATOR LICENSEES AND PRIMARY MANAGEMENT OFFICIALS
Sec. 16-7-101. Responsibility of Operator Licensee or Primary Management Official.
Sec. 16-7-102. Job Descriptions - List of Personnel.
Sec. 16-7-103. Information to be Furnished by Licensee.
Sec. 16-7-104. Inspections.
Sec. 16-7-105. Duty to Maintain Records.
Sec. 16-7-106. Employee on Premises.
Sec. 16-7-107. Display of License.
Sec. 16-7-108. Chip Reserves.
Sec. 16-7-109. Payment of Winners - Reserves.
Sec. 16-7-110. Publication of Payoffs.
Sec. 16-7-111. Taxes and Fees.
Sec. 16-7-112. Player Rules.
Sec. 16-7-113. Advertising.
Sec. 16-7-114. Special Rules of Conduct.
Sec. 16-7-115. Procedure Upon Dissolution.
Sec. 16-7-116. Transfers of Interest.
Sec. 16-7-117. Termination of Employment of Key and Support Licensees.
Sec. 16-7-118. Post-Termination Matters.
Sec. 16-7-119. Restrictions on Time, Place and Structure.
Sec. 16-7-120. Revocation or Expiration of License.
Sec. 16-7-121. Foreign Gaming.
Article 8. RIGHTS AND DUTIES OF LICENSEES
Sec. 16-8-101. Responsibility of Licensees.
Sec. 16-8-102. Discovery of Violations.
Sec. 16-8-103. Licensee Notification Requirements.
Sec. 16-8-104. Licensee Identification.
Sec. 16-8-105. Detention and Questioning of Person Suspected of Violating Code - Limitations on Liability - Posting of Notice.
Sec. 16-8-106. Intoxicated Persons.
Sec. 16-8-107. Patron Disputes.
Sec. 16-8-108. Patron Violations.
Article 9. PROCEDURES FOR DISCIPLINARY ACTIONS.
Sec. 16-9-101. Grounds for Disciplinary Action.
Sec. 16-9-102. Penalties.
Sec. 16-9-103. Initiation of Disciplinary Proceedings.
Sec. 16-9-104. Citizen Complaints Authorized - Procedure Following Filing.
Sec. 16-9-105. Informal Consultation.
Sec. 16-9-106. Assurance of Voluntary Compliance.
Sec. 16-9-107. Final Action by Commission.
Sec. 16-9-108. Summary Suspension.
Sec. 16-9-109. Grounds for Summary Suspension.
Sec. 16-9-110. Notice.
Sec. 16-9-111. Disciplinary Proceeding Notice Required.
Article 10. PROCEDURES FOR HEARINGS.
Sec. 16-10-101. Request for Hearing.
Sec. 16-10-102. Notice of Hearing.
Sec. 16-10-103. Summoning of License.
Sec. 16-10-104. Conduct of Hearings.
Sec. 16-10-105. Decisions of the Commission.
Sec. 16-10-106. Service and Filing.
Sec. 16-10-107. Judicial Review.
Article 11. GAMING FUND
Sec. 16-11-101. Gaming Fund.
Sec. 16-11-102. Audits.
Article 12. UNLAWFUL ACTS
Sec. 16-12-101. Fraudulent Acts.
Sec. 16-12-102. Collusion.
Sec. 16-12-103. False Statements - Misleading Information - Falsification of Records.
Sec. 16-12-104. Age of Participants - Violations.
Sec. 16-12-105. Age of Persons Conducting Gaming.
Sec. 16-12-106. Licensees - Requirements and Restrictions.
Sec. 16-12-107. Extension of Credit Prohibited.
Sec. 16-12-108. Maximum Amount of Bets.
Sec. 16-12-109. Failure to Pay Winners.
Sec. 16-12-110. Exchange - Redemption of Chips.
Sec. 16-12-111. Tips.
Sec. 16-12-112. Cheating.
Sec. 16-12-113. Use of Device for Calculating Probabilities.
Sec. 16-12-114. Use of Counterfeit or Unapproved Chips or Tokens or Unlawful Coins.
Sec. 16-12-115. Possession of Certain Unlawful Devices, Equipment, Products or Materials.
Sec. 16-12-116. Persons Not to Bring Their Own Cards or Chips.
Sec. 16-12-117. Cheating Games and Devices.
Sec. 16-12-118. Unlawful Manufacture, Sale, Marking, Altering, or Modification of Equipment and Devices Associated With Gaming - Unlawful Instruction.
Sec. 16-12-119. Seizure of Evidence.
Sec. 16-12-120. Disposition of Seized Property or Evidence.
Sec. 16-12-121. Excluded and Ejected Persons.
Sec. 16-12-122. Failure to Display Licenses and Required Notices.
Sec. 16-12-123. Prohibitions on Giving Items of Value.
Sec. 16-12-124. Violations of Code - Penalties.
Article 13. EXCLUDED PERSONS.
Sec. 16-13-101. Legislative Declaration.
Sec. 16-13-102. Factors Considered.
Sec. 16-13-103. Procedure.
Sec. 16-13-104. Sanctions.
Article 14. ACCOUNTING REGULATIONS
Sec. 16-14-101. Definitions for Accounting Regulations.
Sec. 16-14-102. Accounting and Financial Records.
Sec. 16-14-103. AGP Computations.
Sec. 16-14-104. Internal Control Minimum Procedures.
Sec. 16-14-105. ICMP Revisions.
Sec. 16-14-106. Variances.
Sec. 16-14-107. Audits.
Sec. 16-14-108. Failure to Comply.
Sec. 16-14-109. Examination Procedures.
Sec. 16-14-110. Records Retention - Noncompliance.
Sec. 16-14-111. Records of Ownership - Corporation.
Sec. 16-14-112. Partnership, Limited Liability Company, or Association Records.
Sec. 16-14-113. Sole Proprietor Records.
Sec. 16-14-114. Handling of Cash.
Sec. 16-14-115. Procedure for Accepting Checks.
Sec. 16-14-116. Minimum Bankroll Requirements.
Sec. 16-14-117. Promotional Items.
Sec. 16-14-118. Match Play Items.
Sec. 16-14-119. Free Play Items.
Sec. 16-14-120. Reporting and Paying Gaming Taxes and Fees.
Sec. 16-14-121. Financial Statements.
Sec. 16-14-122. Audited Financial Statements.
Article 15. GAMING DEVICES AND EQUIPMENT
Sec. 16-15-101. Exclusive Agreements.
Sec. 16-15-102. Possession of Slot Machines.
Sec. 16-15-103. Slot Machines - Shipping.
Sec. 16-15-104. Security and Audit Specifications.
Sec. 16-15-105. Unlawful Acts.
Sec. 16-15-106. Testing.
Sec. 16-15-107. Slot Machine Minimum Payback.
Sec. 16-15-108. Device and Equipment Approval.
Sec. 16-15-109. House Banked Game Table Physical Characteristics.
Sec. 16-15-110. Approval of Chips and Tokens - Applications and Procedures.
Sec. 16-15-111. Specifications for Chips and Tokens.
Sec. 16-15-112. Other Devices.
Sec. 16-15-113. Definitions for Slot Machines.
Sec. 16-15-114. Meters.
Sec. 16-15-115. Random Events.
Sec. 16-15-116. Electronic Acceptors.
Sec. 16-15-117. Display of Rules of Play.
Sec. 16-15-118. Hopper Mechanism.
Sec. 16-15-119. Software Requirements for Percentage Payout.
Sec. 16-15-120. Progressive Slot Machines.
Sec. 16-15-121. Cash Requirements.
Sec. 16-15-122. Increasing Probability and Progressive Bonus Slot Machine Games.
Sec. 16-15-123. Progressive Table Games.
Sec. 16-15-124. Progressive Table Game Meter Requirements.
Article 16. SURVEILLANCE REQUIREMENTS
Sec. 16-16-101. Video Camera Capabilities.
Sec. 16-16-102. Video Camera Requirements.
Sec. 16-16-103. Presentation of Video Recordings.
Article 17. COINS, CHIPS AND TOKENS
Sec. 16-17-101. Forms of Wagers.
Sec. 16-17-102. Sale of Chips and Tokens.
Sec. 16-17-103. Use of Chips and Tokens.
Sec. 16-17-104. Redemption.
Sec. 16-17-105. Use of Other Facility's Chips and Tokens.
Sec. 16-17-106. Redemption and Disposal of Discontinued Chips and Tokens.
Sec. 16-17-107. Destruction of Counterfeit Chips and Tokens.
Sec. 16-17-108. Disposition Reports and Records.
Resolution No. 01-60
Class II Gaming Code
TITLE XVI. Liquor Code
Article I. GENERAL PROVISIONS.
Sec. 1. Legislative Declaration.
Sec. 2. Definitions.
Sec. 3. Licensing Authority of Southern Ute Tribal Council.
Sec. 4. Duties of Inspectors and Police Officers.
Sec. 5. Exemptions.
Sec. 6. Jurisdiction.
Article II. RETAIL SALES OF ALCOHOLIC BEVERAGES
Sec. 1. Licensing - General Provisions.
Sec. 2. Application to Tribal Council for License.
Sec. 3. Public Notice - Posting and Publication.
Sec. 4. Results of Investigation - Decision of Authorities.
Sec. 5. Persons Prohibited as Licensees.
Sec. 6. Refusal of License.
Sec. 7. Judicial Review.
Sec. 8. Records - Inspection.
Sec. 9. Suspension and Revocation.
Sec. 10. Classes of License.
Sec. 11. License Fees.
Sec. 12. Unlawful Acts.
Sec. 13. Unlawful Financial Assistance.
Sec. 14. Violations and Penalty.
Article III. RETAIL SALES OF FERMENTED MALT BEVERAGES.
Sec. 1. Licensing - General Provisions.
Sec. 2. License - Applications - Hearings - Fees.
Sec. 3. Qualification and Conditions for License.
Sec. 4. Suspension and Revocation - Fines.
Sec. 5. Unlawful Acts.
Sec. 6. Federal Mandate - Effect on Law.
Sec. 7. Unlawful Financial Interest.
Sec. 8. Violation - Penalty.
Sec. 9. Lawful Acts.
Sec. 10. Judicial Review.
Article IV. SPECIAL EVENT LICENSE
Sec. 1. Special Event Licenses Authorized.
Sec. 2. Qualifications of Organizations for Licenses.
Sec. 3. Grounds for Issuance of Special Event Licenses.
Sec. 4. Fees for Special Event Licenses.
Sec. 5. Restrictions Related to Special Event Licenses.
Sec. 6. Ground for Denial of Special Event Licenses.
Sec. 7. Applications for Special Event Licenses.
Sec. 8. Exemptions.
TITLE 17. EMPLOYMENT RIGHTS CODE (TERO)
Article 1. GENERAL PROVISIONS AND PURPOSE
Sec. 17-1-101. Title.
Sec. 17-1-102. Purpose.
Sec. 17-1-103. Definitions.
Article 2. TRIBAL EMPLOYMENT RIGHTS OFFICE
Sec. 17-2-101. Establishment.
Sec. 17-2-102. Functions.
Sec. 17-2-103. Director.
Article 3. TRIBAL EMPLOYMENT RIGHTS COMMISSION
Sec. 17-3-101. Establishment of Commission.
Sec. 17-3-102. Term of Appointment of Commissioners.
Sec. 17-3-103. Removal.
Sec. 17-3-104. Powers of the Commission.
Article 4. INDIAN PREFERENCE IN EMPLOYMENT
Sec. 17-4-101. Preference Policy.
Sec. 17-4-102. Hiring.
Sec. 17-4-103. Promotions.
Sec. 17-4-104. Lay-Offs.
Sec. 17-4-105. Training.
Sec. 17-4-106. Priority of Employment Preference.
Sec. 17-4-107. Collective Bargaining Agreements.
Article 5. PREFERENCE IN CONTRACTING AND SUBCONTRACTING
Sec. 17-5-101. Contract Preference Policy.
Sec. 17-5-102. Determination of Technical Qualifications.
Sec. 17-5-103. Priority of Contract Preference.
Sec. 17-5-104. Applicability.
Article 6. CERTIFICATION OF INDIAN OWNED BUSINESSES
Sec. 17-6-101. Ownership.
Sec. 17-6-102. Management Control.
Sec. 17-6-103. Integrity of Structure.
Sec. 17-6-104. Types of Certification.
Sec. 17-6-105. Certification Procedures.
Sec. 17-6-106. Hearings
Sec. 17-6-107. Suspension or Revocation of Certification.
Article 7. REPORTING REQUIREMENTS
Sec. 17-7-101. Covered Employers.
Sec. 17-7-102. Indian Owned Businesses.
Article 8. EMPLOYMENT RIGHTS FEE
Sec. 17-8-101. Establishment of Fee.
Article 9. COMPLAINTS
Sec. 17-9-101. Complaints by TERO.
Sec. 17-9-102. Complaint by Individual.
Sec. 17-9-103. Time Limitation.
Article 10. HEARINGS AND APPEALS
Sec. 17-10-101. Notice.
Resolution No. 98-141
Resolution No. 2006-37
TITLE 18. ANIMAL CONTROL CODE
Article 1. GENERAL PROVISIONS
Sec. 18-1-101. Purpose of Code.
Sec. 18-1-102. Definitions.
Sec. 18-1-103. Authority and Duties of the Animal Control Section.
Article 2. PET ANIMALS
Sec. 18-2-101. Rabies Vaccination.
Sec. 18-2-102. Dog License.
Sec. 18-2-103. Commercial License.
Sec. 18-2-104. Revocation of Commercial License.
Sec. 18-2-105. Liability of Owner.
Sec. 18-2-106. Impoundment.
Sec. 18-2-107. Disposition of Impounded Pet Animals.
Sec. 18-2-108. Impoundment Fees.
Article 3. LIVESTOCK
Sec. 18-3-101. Fence Maintenance.
Sec. 18-3-102. Livestock Trespass.
Sec. 18-3-103. Recovery for Trespass.
Sec. 18-3-104. Liability of Person Taking Livestock Into Custody.
Sec. 18-3-105. Notice/Impoundment.
Sec. 18-3-106. Impoundment Fee.
Sec. 18-3-107. Branding.
Sec. 18-3-108. Presumption of Ownership.
Sec. 18-3-109. Disposition of Impounded Livestock.
Article 4. MISCELLANEOUS
Sec. 18-4-101. Unwanted Animals.
Sec. 18-4-102. Injured Animals.
Sec. 18-4-103. Transportation of Livestock into Reservation.
Article 5. OFFENSES
Sec. 18-5-101. Branding.
Sec. 18-5-102. Breaking Fences.
Sec. 18-5-103. Cruelty to Pet Animals and Livestock.
Sec. 18-5-104. Diseased Pet Animals and Livestock.
Sec. 18-5-105. Dog License.
Sec. 18-5-106. Pet Animals in Heat.
Sec. 18-5-107. Grazing on Roads and in Municipalities.
Sec. 18-5-108. Guard Dogs.
Sec. 18-5-109. Interference with a Tribal Officer.
Sec. 18-5-110. Commercial License.
Sec. 18-5-111. Limit on Number of Dogs and Cats.
Sec. 18-5-112. Livestock Moving on Highways.
Sec. 18-5-113. Nuisance Pet Animals.
Sec. 18-5-114. Provoking Animals to Fight.
Sec. 18-5-115. Rabies Vaccination.
Sec. 18-5-116. Running at Large (Dogs)
Sec. 18-5-117. Running at Large (Livestock)
Sec. 18-5-118. Stealing Stud or Bull Services.
Sec. 18-5-119. Vicious Dogs.
Article 6. PENALTIES
Sec. 18-6-101. Penalties and Fines.
Sec. 18-6-102. Penalty Not Exclusive.
Sec. 18-6-103. Penalty Assessment.
Resolution No. 2007-283
Animal Control Penalty Assessment and Fine Schedule
TITLE 19. CODE OF ETHICS
Article 1. GENERAL PROVISIONS
Sec. 19-1-101. Title.
Sec. 19-1-102. Purpose.
Sec. 19-1-103. Definitions.
Article 2. STANDARDS OF CONDUCT
Sec. 19-2-101. Conflict of Interest.
Sec. 19-2-102. Private Gain.
Sec. 19-2-103. Solicitation.
Sec. 19-2-104. Gifts, Loans, Favors and Other Benefits.
Sec. 19-2-105. Unauthorized Compensation.
Sec. 19-2-106. Honorarium.
Sec. 19-2-107. False Claims.
Sec. 19-2-108. Misuse of Funds and Property.
Sec. 19-2-109. Misuse of Staff.
Sec. 19-2-110. Confidential Information.
Sec. 19-2-111. Abuse of Authority.
Sec. 19-2-112. Preferential Treatment.
Sec. 19-2-113. Nepotism.
Sec. 19-2-114. Neglect of Duty.
Sec. 19-2-115. Impeding Governmental Efficiency.
Sec. 19-2-116. Abstention From Official Action.
Sec. 19-2-117. Public Service in a Non-Tribal Appointed or Elected Office.
Sec. 19-2-118. Retaliation and Bad Faith.
Sec. 19-2-119. Political and Campaign Activity.
Sec. 19-2-120. Sexual Harassment.
Article 3. ETHICS COMMITTEE
Sec. 19-3-101. Establishment.
Sec. 19-3-102. Purposes.
Sec. 19-3-103. Membership.
Sec. 19-3-104. Qualifications for At-Large Members.
Sec. 19-3-105. Powers.
Sec. 19-3-106. Duties and Responsibilities.
Sec. 19-3-107. Amendments.
Sec. 19-3-108. Political Practices.
Sec. 19-3-109. Hearings.
Article 4. ETHICS OFFICE
Sec. 19-4-101. Establishment.
Sec. 19-4-102. Purpose.
Sec. 19-4-103. Functions.
Sec. 19-4-104. Personnel and Organization.
Sec. 19-4-105. Duties of the Director.
Sec. 19-4-106. Political Practices.
Article 5. COMPLAINT AND INVESTIGATIVE PROCEDURES
Sec. 19-5-101. Filing of Complaints.
Sec. 19-5-102. Contents of Complaints.
Sec. 19-5-103. Procedure Upon Receipt of Complaint.
Sec. 19-5-104. Investigation Process.
Sec. 19-5-105. Report to the Ethics Committee.
Sec. 19-5-106. Resolution of Complaint Without the Necessity of Hearing.
Article 6. ADMINISTRATIVE HEARING PROCEDURES.
Sec. 19-6-101. General.
Sec. 19-6-102. Disqualification of Committee Members.
Sec. 19-6-103. Ex Parte Communication with Committee Members.
Sec. 19-6-104. Scheduling of Hearings.
Sec. 19-6-105. Notice of Hearing.
Sec. 19-6-106. Subpoenas.
Sec. 19-6-107. Representation.
Sec. 19-6-108. Conduct of Hearings.
Sec. 19-6-109. Decisions of the Committee.
Sec. 19-6-110. Dismissal of Complaints.
Sec. 19-6-111. Default.
Sec. 19-6-112. Appeal to Tribal Court.
Article 7. PENALTIES
Sec. 19-7-101. Penalties.
TITLE 20. CORONER CODE
Sec. 20-1-101. Title.
Sec. 20-1-102. Purpose.
Sec. 20-1-103. Establishment.
Sec. 20-1-104. Jurisdiction.
Sec. 20-1-105. Coroner - Appointment.
Sec. 20-1-106. Deputy Coroner.
Sec. 20-1-107. Qualifications.
Sec. 20-1-108. Duties.
Resolution No. 97-165
Resolution No. 98-41
TITLE 21. SEVERANCE TAX CODE
Article 1. GENERAL PROVISIONS.
Sec. 21-1-101. Purposes of Code.
Sec. 21-1-102. Definitions.
Article 2. TAX AND LIABILITY
Sec. 21-2-101. Oil and Gas Tax Imposed.
Sec. 21-2-102. Liability of Tax.
Sec. 21-2-103. Rate of Tax.
Sec. 21-2-104. Exemptions from Tax.
Sec. 21-2-105. Payments By Whom Generally.
Sec. 21-2-106. Records Retention and Limitations on Actions.
Sec. 21-2-107. Measurement. (Sec. 21-2-107(2) amended by Resolution No. 2013-231, December 16, 2013)
Sec. 21-2-108. Value.
Sec. 21-2-109. Reports and Payment.
Sec. 21-2-110. Refunds.
Sec. 21-2-111. Interest on Late Payment and Penalties for Noncompliance.
Sec. 21-2-112. Payment Under Protest.
Sec. 21-2-113. Confidentiality.
Sec. 21-2-114. Bonds and Other Security for Taxes.
Sec. 21-2-115. Rules and Regulations.
Sec. 21-2-116. Audits and Records Requests.
Sec. 21-2-117. Additional Remedies for Noncompliance.
Sec. 21-2-118. Consent to Suit.
Sec. 21-2-119. Severance Tax Fund.
Sec. 21-2-120. Reports by the CFO.
Sec. 21-2-121. Severability and Liberal Construction.
Sec. 21-2-122. Effective Date.
Resolution No. 89-87
Ordinance No. 89-01
TITLE 22. PROFESSIONAL BOXING CODE
Article 1. GENERAL PROVISIONS.
Sec. 22-1-101. Legislative Declaration.
Sec. 22-1-102. Interpretation; Sovereign Immunity; Severability.
Sec. 22-1-103. Definitions.
Article 2. PROFESSIONAL BOXING COMMISSION
Sec. 22-2-101. Creation.
Sec. 22-2-102. Membership.
Sec. 22-2-103. Term.
Sec. 22-2-104. Conflict of Interest.
Sec. 22-2-105. Supervision by Commission of Another Tribe or State.
Sec. 22-2-106. Powers and Duties of the Commission.
Sec. 22-2-107. Executive Director.
Sec. 22-2-108. Jurisdiction.
Sec. 22-2-109. Prohibition of Prize Fights.
Sec. 22-2-110. Licensing.
Sec. 22-2-111. Disciplinary Action.
Sec. 22-2-112. Hearings.
Sec. 22-2-113. Contracts.
Sec. 22-2-114. Insurance.
Sec. 22-2-115. Advance against Purse.
Sec. 22-2-116. Withholding of Purse.
Sec. 22-2-117. Weigh-ins.
Sec. 22-2-118. Length of Professional Boxing Event or Contest.
Sec. 22-2-119. Health and Safety Standards.
Sec. 22-2-120. Registration.
Sec. 22-2-121. Prohibited Substances.
Sec. 22-2-122. Suspension in Another Jurisdiction.
Sec. 22-2-124. Reporting.
Sec. 22-2-125. Fees.
Sec. 22-2-126. Accounting.
Article 3. VIOLATIONS; PENALTIES; JUDICIAL REVIEW
Sec. 21-3-101. Violations.
Sec. 21-3-102. Penalties.
Sec. 21-3-103. Judicial Review.
Resolution No. 2001-188
TITLE 23. Excavation code
Sec. 23-1-101. Purpose.
Sec. 23-1-102. Definitions.
Sec. 23-1-103. Duties of Excavators.
Sec. 23-1-104. Notice of Excavation.
Sec. 23-1-105. Emergency Excavation.
Sec. 23-1-106. Marking of Underground Facilities.
Sec. 23-1-107. Liability for Damage to Underground Facilities.
Sec. 23-1-108. Severability.
Sec. 23-1-109. Prior Inconsistent Laws Repealed.
Bureau of Indian Affairs Letter March 4, 2004
Resolution No. 2004-48
Title 24. Workers' Compensation Code
Article 1. GENERAL PROVISIONS
24-1-103. Exclusive Remedy
24-1-105. Acknowledgement of Ordinance.
24-1-106. Claim Files and Records Confidential.
24-1-108. Effective Date.
24-1-109. Sovereign Immunity.
Article II. CLAIM PROCEDURES
24-2-101. Reporting Obligations.
24-2-102. Statute of Limitations.
24-2-103. Administrator's Initial Review and Decision.
24-2-104. Determining Benefits - Allowable Benefits.
24-2-105. Claim Management.
24-2-106. Claim Closure - Maximum Medical Improvement of Mutual Agreement
Article III. DISPUTE RESOLUTION
24-3-101. Request for Reconsideration.
24-3-102. Request for Hearing.
24-3-103. Benefits Continue During Dispute Resolution.
Resolution No. 2014-26 (February 11, 2014).
Bureau of Indian Affairs Letter (August 4, 2014).
Land Code Ordinance No. 17
Enrollment Ordinance No. 2000-01
Sales Tax Ordinance No. 26
Ordinance No. 87-03
Ordinance No. 86-01, Regulation of Oil and Gas Development Activities
Policy for Distribution of Tribal Codes
Resolution No. 90-50
Resolution No. 2005-33