State Tax Enforcement Actions Within Indian Country Prior to a Hearing Sample Clauses

State Tax Enforcement Actions Within Indian Country Prior to a Hearing a. Notwithstanding § XIII(D)(6) above, in any case where the State is authorized by the Revenue Act, the Tobacco Products Act, or the Motor Fuel Tax Act, to seize real or tangible personal property or inspect such property without a prior order or hearing, and where the taxpayer is a Tribal Member or Tribal Entity and the property is located within Indian Country, the Tribe and the State shall jointly execute such action. In such cases, the enforcement action shall be taken without first filing a petition in Tribal Court provided that the State gives notice of the need for the proposed action by the Tribal police or public safety department. Such notice shall specify the grounds for the enforcement action, and the appropriate statutory or regulatory authority for such action. Upon receipt of such notice, the Tribal police or public safety department shall promptly direct one or more Tribal police or public safety officers to execute the enforcement action jointly with one or more State enforcement officers. The affected Tribal Member or Tribal Entity may, within seven days following the enforcement action, file a petition in Tribal Court seeking a review of the enforcement action under the standard described in this § XIII(D)(9)(a). If the Tribal Court determines that (i) the taxpayer is a Tribal Member or Tribal Entity, (ii) the taxpayer and/or property is located within Indian Country, (iii) the State tax enforcement action pertains to one or more of the taxes that is the subject of this Agreement, and (iv) the State action is in compliance with relevant State law procedures and this Agreement, the Tribal Court shall affirm the enforcement action. b. The administrative enforcement actions authorized under this § XIII(D)(9) are: • Actions in furtherance of a jeopardy assessment. [MCL 205.26] • Inspection of vending machines or places where tobacco products are sold or stored. [MCL 205.426a] • Seizure of contraband consistent with the Tobacco Products Tax Act. [MCL 205.429] • Inspections or seizures consistent with this Agreement authorized under the Motor Fuel Tax Act or the Motor Carrier Fuel Tax Act.
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