Any person aware of any alleged violation of this Act by any tribal member, tribal entity, tribal official or other person within the adjudicatory jurisdiction of the Tribe shall notify the Tribal Council of the alleged violation. If the Tribal Council determines that there is reasonable cause to believe a violation occurred, it will notify the alleged violator and, if it intends to take any enforcement action, will provide the alleged violator with an opportunity for a hearing. If the Tribal Council finds that a violation has occurred, it (i) may issue an order mandating compliance with the statute, (ii) may order the restitution and recovery of any damages that have been incurred by the Tribe as a result of said violation and (iii) may impose a penalty not exceeding $500 per violation of this Act. If any person subject to the Tribe's jurisdiction fails to comply with any order of the Tribal Council enforcing this Act, they shall be subject to a fine for contempt in an amount not to exceed $100 per day for each day such failure to comply continues. The Tribal Council may delegate its enforcement authority pursuant to this § 10.2-25 to the Tribal Court or any other person or body as it may determine by resolution or ordinance.
If any court of competent jurisdiction determines that any portion of this Act is invalid under the Constitution of the Tribe or any other applicable and binding law, said provision shall be severed from the Act, and the remainder thereof shall be enforceable in accordance with its terms.
Nothing herein contained shall in any way be construed to impose any liability on the Tribe or to constitute any limitation or waiver of the Tribe's sovereign immunity from suit. Notwithstanding this § 10.2-27, nothing herein shall limit the Tribe's ability to enforce this Act against any tribal official, employee or agent, notwithstanding the fact that any action taken by such person is arguably within the scope of their duties and authority on behalf of the Tribe.
This Act shall be enforceable only by action of the Tribe and does not confer any right of enforcement on any other person whether a tribal member or otherwise.
Nothing herein contained shall affect, limit or bind the Tribe, tribal members or tribal entities with respect to any matter other than those affecting the Tribal-State Tax Agreement and covered taxes.