The Tulalip Tribal Court shall have jurisdiction to hear and decide cases as authorized in this article. The provisions of TTC Titles 2 and 3 shall govern all proceedings in Tribal Court, including Magistrate Hearings, except that this code shall govern to the extent of any inconsistency.
(Ord. 52 § 7.1, 5-4-2012 (Res. 2012-204); Res. 2025-302)
(1) 
Magistrate Hearings. The Board of Directors is hereby authorized and directed to annually appoint a Magistrate to be available during each fireworks season, to conduct Magistrate Hearings pursuant to this article. Any person or licensee who has been served with a Notice of Fireworks Code Violation or a Notice of Immediate Restraint, or who has been restrained for any violation of this code, shall have the right to petition for a Magistrate Hearing with respect to such notice or restraint. The Tax and Licensing Division shall be a party to any such petition. The petition for hearing shall be in writing, on forms available from the Tax and Licensing Division, signed by the petitioner, and filed with the Tribal Court. A copy of any petition for hearing shall immediately be served on the Tax and Licensing Division. The Magistrate shall notify the petitioner and the Tax and Licensing Division of the time and date of the hearing, which shall commence not later than the close of the business day following the filing of the petition. No petition may be filed for a Magistrate Hearing more than 10 days after imposition of any restraint or service of any notice. Any notice issued and restraint imposed by the Tax and Licensing Division shall become final and nonreviewable upon expiration of the time prescribed for filing of petitions for Magistrate Hearings. At the Magistrate Hearing, the Tax and Licensing Division shall have the burden of proving that the petitioner committed the charged violation(s) by clear, cogent and convincing evidence. The rules of evidence in such hearings shall be relaxed. At the conclusion of the hearing, the Magistrate shall make and serve on the parties a written decision and order on the charged violation(s). Such determination shall be final for purposes of any appeal. If the Magistrate determines that the person or licensee did not commit the violation(s) charged, immediately any restraint shall be removed, any license suspension lifted, and any seized property or license returned. If the Magistrate determines that the person or licensee did commit any of the violation(s) charged, it shall uphold the restraint as authorized in this code.
(2) 
Original Petitions in Tribal Court. The Tribal Court shall have jurisdiction to hear and decide the following original petitions under this code:
(a) 
The Tax and Licensing Division may petition the Tribal Court to impose any sanction for violations of this code. The Tax and Licensing Division shall have the burden of proving that the person or licensee committed the violation by clear, cogent and convincing evidence.
(b) 
Any Tulalip Tribal member may petition for review before the Tribal Court of the denial of any license application by the Tax and Licensing Division. In such cases the petitioner shall have the burden of proving that the decision of the Tax and Licensing Division was arbitrary, capricious or an abuse of discretion committed to the agency by law. If the Tribal Court affirms the agency, the petition shall be dismissed. If the Tribal Court reverses the license denial, it shall remand to the Tax and Licensing Division with instructions. There are no appeal rights for denial of badges under TTC § 10.25.140.
(3) 
Appeals of Magistrate Hearings. The Tax and Licensing Division and any aggrieved person shall have a right to appeal any Magistrate’s decision before the Tribal Court, and the Tribal Court shall have jurisdiction to hear and decide such appeals. An appeal shall be commenced with the filing and docketing of a Notice of Appeal. No Notice of Appeal shall be docketed unless accompanied by any applicable filing fee, the Magistrate’s final written decision and order, and proof of payment into the Court registry of the full amount of any monetary sanction imposed on petitioner by the Magistrate. The Tax and Licensing Division shall be a party to any appeal. Hearings shall be de novo, and the appellant shall have the burden of proving that the Magistrate’s decision was arbitrary, capricious, in violation of established law, or clearly erroneous. If the Tribal Court confirms all violations, it shall affirm the sanctions imposed by the Tax and Licensing Division and direct the Clerk of the Court to remit the civil penalties in the Court registry to the Tax and Licensing Division. If the Court finds no violation(s), it shall remove all sanctions and return such civil penalty to the appellant. If the Court finds that the person or licensee committed some, but not all, of the violation(s), the Court shall revise the sanctions imposed by the Tax and Licensing Division to include only those appropriate for the violation(s) determined to have occurred, and direct the Clerk of the Court to remit any civil penalty due and owing to the Tax and Licensing Division. No appeal may be commenced under this subsection more than 10 days after entry of the Magistrate’s final written decision or order. A Magistrate’s decision or order shall become final and nonreviewable upon expiration of the time prescribed for commencement of appeals.
(Ord. 52 § 7.2, 5-4-2012 (Res. 2012-204); Res. 2025-302)
Notwithstanding any provision of this code, or any other provision of Tulalip law, the Tribal Court shall not have legal or equitable jurisdiction to hear or determine any action or counterclaim against the Tulalip Tribes organized under Section 16 of the Indian Reorganization Act, or its officers, directors, employees, or representatives, or its Tax and Licensing Division, acting in either their official or individual capacities, nor the Tribal corporation organized under Section 17 of the Indian Reorganization Act, or its officers, directors, employees, or representatives, acting in either their official or individual capacities, for damages or equitable relief, or any other relief; except as set forth in this article.
(Ord. 52 § 7.3, 5-4-2012 (Res. 2012-204); Res. 2025-302)
Nothing in this code shall be construed to relieve from or lessen the responsibility or liability of any person for injury or damage to person or property caused by or resulting from the use of any fire-works devices regulated under this code; nor shall the Tulalip Tribes, or any officer, agent, or employee thereof, incur or be held as assuming any liability by reason or in consequence of any license, permission, inspection or approval authorized herein, or issued or given as herein provided, or by reason of consequence of any things done or acts performed pursuant to any provision of this code.
(Ord. 52 § 7.4, 5-4-2012 (Res. 2012-204); Res. 2025-302)