Any such hearing shall be held in accordance with the provisions of chapter Unkechuage Nation, F. Even if the Department considered the unsubstantiated documents Respondents unilaterally submitted, Chukchansi casino court hearing Creek simply did not submit any relevant evidence and Great Plains failed to demonstrate that its relationship with the Tribe is meaningful enough to be considered an arm of the tribe.
Whenever the commissioner finds as the result of an investigation that any person has violated any provision of the general statutes within the jurisdiction of the commissioner, or any regulation, rule or order adopted or issued under such provisions, the commissioner may, in addition to any other remedy authorized by law, order such person to 1 make restitution of any sums shown to have been obtained in violation of any such provision, regulation, rule or order plus interest at the legal rate set forth in section ; 2 provide disgorgement of any sums shown to have been obtained in violation of any such provision, regulation, rule or order; or 3 both make restitution and provide disgorgement in accordance with subdivisions 1 and 2 of this subsection.
Both Clear Creek and Great Plains failed to meet their burden to prove that each is, in fact, an arm of the Tribe entitled to tribal sovereign immunity. The Tribe may provide personnel to assist in the performance of these services by way of a contract between Great Plains and the Tribe, but the Tribe does not and cannot independently control these functions.
The application and scope of tribal sovereign immunity is a matter of federal law.
Shotton must provide information and stop violating Connecticut law regardless of any arm of the tribe determination. The LLC Act provides that 1 the Tribe has no liability for a limited liability company; 2 a limited liability company can opt to be sued, but cannot bind the Tribe; 3 the Tribe is not liable for the payment or performance of any LLC obligations; 4 there is no recourse against the Tribe; and 5 the company not the Tribe owns the property AR 66, 80, The Commissioner ordered all three Respondents to cease and desist their violations of Connecticut law and to provide information, in addition to imposing civil penalties and restitution AR The Commissioner finds that the Notice was given in compliance with Sections 36a a36a a and b of the Connecticut General Statutes.
No such order shall be issued except in accordance with the provisions of chapter Since the Commissioner has determined that Great Plains is not an arm of the tribe, tribal sovereign immunity does not shield Shotton from the claims against him individually. Whenever it appears to the commissioner that any person has violated, is violating or is about to violate any provision of the general statutes within the jurisdiction of the commissioner, or any regulation, rule, or order adopted or issued thereunder, the commissioner may send a notice to such person by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt.
The default Final Order did not address the jurisdictional claims of tribal sovereign immunity that were raised informally on behalf of Respondents through the Motion to Dismiss and, therefore, the Final Order did not rely on the Intermediate Ruling. Finally, under no circumstances would Shotton be entitled to tribal sovereign immunity from injunctive relief.
Tribal sovereign immunity is a jurisdictional defense that Respondents should have raised at an administrative hearing.
Uncorroborated statements in organizational documents without any evidence of contractual or financial arrangements, including any evidence showing the flow of profits to the Tribe, simply do not prove that the organization and purpose of the business predominantly serves the tribal government. The financial relationship is the most significant concept in determining whether a tribal business is an arm of the tribe entitled to the protections of immunity from suit.
Section 36a c of the Connecticut General Statutes states, in part: