35.06.150 Field Bond

(a) Upon issuing a Complaint, an Authorized Officer may demand that a suspected violator post a Field Bond in an amount equal to the maximum amount of the Civil Penalty plus the Liquidated Damages Amount for the violations alleged in the Complaint.

(b) Bond property may be cash or other property, which the officer reasonably believes is valued at an amount at least equal to the required bond amount.

(c) Field Bond is justified and shall be collected by the officer using any reasonably necessary non-deadly force, when, in the officer's judgment:

(1) The violator is not a resident of Tribal jurisdiction; or

(2) The violator does not own sufficient valuable property which is permanently affixed to or stored within Tribal jurisdiction; or

(3) The violator refuses to sign the complaint; or

(4) The violator cannot be, or refuses to be, positively identified; or

(5) Any other reason which leads the officer to believe that the violator's presence at the court hearing for the violation cannot be assured, or the violator's willingness or ability to pay the fine, penalty or Liquidated Damages assessment is reasonably questioned.

(d) Any person who believes that a Field Bond has been required unlawfully or unreasonably may request, in writing, a bond hearing before the Tribal Court. Bond hearings shall take place within three (3) days of the filing of such request, excluding Saturdays, Sundays or other Court holidays.

(e) Non-cash bond property may be redeemed at any time during normal business hours at the Department Office by the posting of a cash bond, or payment of damages. Post judgment redemption must occur, if at all, within 30 days of the entry of judgment, unless an appeal is filed.

(f) If the suspected violator is found liable for the alleged violation, and there is no appeal, the bond will be applied in satisfaction of the judgment. Failure to appear at the hearing will result in entry of a default judgment and forfeiture of bond. Non-cash bond property will be sold at an auction and the proceeds will be applied to the judgment. Any excess proceeds will be returned to the violator.

(g) If the suspected violator is found to be not liable for the alleged violation, the bond property will be returned.