406 Remedies

406 Remedies

§ 406 Remedies

A. The Tribal Court shall have the authority to order the Tribe to distribute any Per Capita payment that has been improperly withheld, plus interest at a rate of ten percent (10%) per annum until paid in full.

B. Reasonable attorney’s fees and costs may be awarded by the Court to the prevailing party.

[Legislative History: Enacted by Resolution No. 2019-69, 6/3/2019; Amended by Resolution No. 2019-147, 11/19/2019] 

    • Related Articles

    • 307 Appeals and Remedies

      § 307 Appeals and Remedies A. Right to Appeal. Any Applicant who has submitted an Application or any Beneficiary of Assistance shall have the right to appeal to the Tribal Court of the San Juan Southern Paiute Tribe, provided that the Tribal Court ...

    • 404 When to File

      § 404 When to File Any petition alleging that a person has not properly received a Per Capita Payment shall be filed within ninety (90) days of the Distribution Date of the Per Capita Payment.

    • 402 Who May File

      § 402 Who May File A. An adult Tribal Member may file a petition. B. A legal parent or guardian may file a petition on behalf of a minor or incompetent Tribal Member entitled to a Per Capita Payment. C. Any person with an interest in the estate of a ...

    • 401 Exclusive Jurisdiction of the Tribal Court

      § 401 Exclusive Jurisdiction of the Tribal Court A. The San Juan Southern Paiute Tribal Court shall have the exclusive jurisdiction to resolve disputes concerning the allocation of Net Gaming Revenues and the distribution of Per Capita Payments. B. ...

    • 405 Limited Waiver of Sovereign Immunity

      § 405 Limited Waiver of Sovereign Immunity A. The San Juan Southern Paiute Tribe hereby waives its immunity from suit for the limited purpose of enforcement of the provisions of this Chapter, provided that that suit conforms to the requirements of ...