Title
AN ACT AMENDING TITLE 40 OF THE CHEROKEE NATION CODE ANNOTATED AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the "TERO Appeals Act" and codified at Title 40, Chapters 5-7 of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this Act is to provide the Cherokee Nation District Court authority to hear TERO appeals.
Section 3. Legislative History
LA-38-05
LA-33-06
LA-30-12
LA-01-14
Section 4. Substantive Provisions
Title 40, Chapters 5, 6, and 7 shall be amended as follows:
CHAPTER 5
COMPLAINTS AND HEARINGS
? 501. Filing of complaints by TERO and proceedings thereon generally
If the TERO staff has cause to believe that an employer, contractor, subcontractor, or union has failed to comply with this title or any rules, regulations or orders of the TERO, it may file a complaint with the TERO Director and notify such party of the alleged violations. The TERO Director will attempt to achieve an informal settlement of the matter, but if an informal settlement cannot be achieved, the TERO may impose penalties as provided in 40 CNCA ? 601. Should any entity fail to comply with orders of the TERO, the TERO may pursue a civil legal action against the entity in Cherokee Nation District Court.
? 502. Filing of complaints by Indians and proceedings thereon generally-Penalties for
retaliatory actions by employers against employees filing complaints
A. If any Indian believes that an employer has failed to comply with this title or rules, regulations or orders of the TERO, or if the Indian believes he or she has been adversely discriminated against by an employer because he or she is Indian, the Indian may file a complaint with the TERO specifying the alleged violation. Upon receipt of the complaint, the TERO shall investigate and attempt to achieve an informal settlement of the matter. If an informal settlement cannot be achieved, the indivi...
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