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Covered employers have an affirmative duty to inform the TERO Officer of all contracts that are not exempt from the TERO fee, and that are not exempt from TERO Indian preference requirements. A person commits the offense of willful violation of TERO regulations if the person:

(a) Holds an executive position or is a governing board member with a covered employer; and

(b) Knows, should know, or fails to appropriately investigate whether a contract is subject to this division; and

(c) Knowingly, willfully, or intentionally fails to inform the TERO Officer that the covered employer has entered into a contract subject to this division or to collect TERO fees as directed by this division.

Each contract for which the person fails to inform the TERO Officer shall constitute a separate offense. A person who violates this section shall be subject to a minimum fine of $100.00 for each offense and shall be held jointly and severally liable for any TERO fees due to the Tribe that are not collected from the contractor. [Ord. 58 § 4803, amended, 5/9/2019; Ord. 34 § 4803, adopted, 2/6/2014.]