9.01.100 Powers and Duties of the Tribal Gaming Commission
The Commission shall be responsible for the regulation of any gaming activity authorized by this chapter and shall have the following powers that it may exercise consistent with the purposes for which it is established and in compliance with the Compact:
(a) To adopt written standards of operation and management as provided in the compact to govern all authorized gaming which shall include:
(1) The rules of each game of chance operated by the Tribe or licensed gaming facility;
(2) Permissible methods of payment;
(3) Procedures to license gaming employees, to conduct or cause to be conducted background investigations on employees and management officials; and to train and instruct gaming employees;
(4) Internal organization and management of the gaming operations;
(5) Security and surveillance methods;
(6) Accounting and cash control procedures; and
(7) Other record keeping requirements.
Such standards shall protect the public interest in the integrity of the gaming operations, and shall reduce the dangers of unsuitable, unfair, or illegal practices and methods in the conduct of gaming.
(b) With regards to subpoena powers, the Commission may in order to investigate any aspect of a gaming operation, issue subpoenas, and in doing so, require and review records of or concerning any gaming operation, and to compel any gaming person employed by any such operation, or doing business with such operations to appear before it, and to provide such information, records or other materials as may be in their possession to assist in any investigation.
(c) To license any gaming facility on Tribal Land where the Tribe elects to allow Class II or Class III gaming and to enter and inspect at any time such gaming facility in which games are operated pursuant to this chapter. Such inspections may be conducted by non-uniformed inspectors employed by and under the direction of the Tribal Gaming Commission.
(d) To require an annual audit by a certified public accounting firm of all gaming activities and gaming facilities and such other audits as it deems necessary.
(e) To license any gaming employee.
(f) To acknowledge the registration of gaming service enterprises by the State for purposes of contracting with the Tribe and to assist the State in the registration of gaming service enterprises that seek to do business with a Tribal gaming operation.
(g) To ensure that background investigations and licensing procedures are conducted on primary management officials and key employees of the gaming operations in accordance with IGRA and the Compact, and to oversee such officials and their management on an ongoing basis.
(h) To prohibit undesirable conduct from occurring in, and undesirable persons from admission to, any gaming facility.
(i) To coordinate and cooperate with any legitimate law enforcement effort to protect the Tribe and its gaming operations from harm.
(j) To provide information to the federal and state governments in accordance with IGRA and the Compact.
(k) To ensure that the construction and maintenance of all gaming facilities and the operation of all gaming activities is conducted in a manner that adequately protects the environment and the public health and safety of all individuals.
(l) To carry out each responsibility and duty of the Commission set forth in IGRA and the Compact not otherwise set forth in this chapter.
(m) Customer Disputes: Any person who has any dispute, disagreement or other grievance that involves currency, tokens, coins, or any other thing of value and is between the customer or player and the Gaming Operation, may raise such dispute with the following persons and in the following recommended order:
(1) Employees of the Gaming Operations.
(2) The supervisor in the area in which the dispute arose.
(3) The General Manager of the Gaming Operation.
(4) The Tribal Gaming Commission.
At each level, the complainant has the right to explain his/her side of the dispute, and to present witnesses in connection with any factual allegation. At each level, if the dispute remains unresolved, the complainant shall be given a copy of the impartial dispute resolution procedures adopted by the Commission or as agreed to in the Tribal/State Compact. The complainant shall be informed of the right to take the dispute to the next higher level.
Resolution of any dispute by an employee of the Gaming Operation should always involve two or more employees, one of which should involve the next immediate supervisor. All disputes, whether resolved or not, should be subject to a documented detailed report by all employees involved and submitted to their supervisors, or, in the case of the General Manager, to the Gaming Commission.
The Commission's action on customer disputes. All disputes which are submitted to the Commission shall be decided by the Commission based on information provided by the complainant, any witnesses, documents provided by the complainant, or by the General Manager, or any other person who has relevant information to provide. The decision of the Commission shall be in writing, within a reasonable amount of time after submission of the matter to the Commission, and shall be provided to the General Manager of the Gaming Operation and to the complainant.
(n) The Commission may adopt an annual operating budget and may in accordance with that budget employ such staff from time to time as it deems necessary to fulfill its responsibilities under this chapter. The Commission shall appoint an individual to serve as a full-time Executive Director of the Commission to administer its responsibilities on a day to day basis and to oversee inspectors appointed by the Commission as well as such other staff as the Commission may from time to time employ. The Commission may delegate to the Executive Director those powers not expressly limited to the Commission. The Commission may also enlist legal counsel and other professional services, including investigative services, available to the Tribe, to assist the Commission with respect to any of the issues over which the Commission exercises jurisdiction.
(o) To undertake and carry out studies and analyses of Tribal gaming operations.
(p) To adopt such by-laws as the Commission deems necessary and appropriate.
(q) The Commission shall submit an annual report, in written form, signed by the Chairman of the Commission, to the Tribal Council showing:
(1) A summary of the year's activities
(2) The financial condition of the gaming operations
(3) Any significant problems and accomplishments
(4) Plans for the future
(5) Such other information as the Tribal Gaming Commission or the Tribal Council may deem pertinent
(r) To oversee and implement any responsibilities of the Tribe or Commission pursuant to any management or service agreement with a third party for the management of Tribal gaming operations.
(s) To take such further actions as are commonly engaged in by public bodies of this character as the Commission may deem necessary and desirable to effectuate its purposes, including without limitation the power of adopt rules and regulations governing the procedures for the meetings of the Commission.
(t) To oversee the Gaming Operations and assure compliance with established operating procedures that protect the integrity of the games played. Controls and procedures must be strictly adhered to in order to protect the Tribe from corrupt influences, and to ensure that any Class II and Class III gaming is conducted fairly and honestly by all parties involved.
(u) The Commission is empowered to levy fines and penalties for violations of the Ordinance, the Compact and the Act (I.G.R.A.), and to issue subpoenas through its delegated licensing authority. Further, the Commission has the power to adopt rules and regulations governing procedures that enhance the Tribe's effectiveness to self-regulate their Gaming Operations. The Commission may impose any of the following civil penalties:
(1) Termination, suspension, or exclusion from employment in any Gaming Operations or other appropriate employee discipline;
(2) Exclusion from admittance into any Class II or Class III Gaming Operation;
(3) A fine (penalty) of not more than $10,000 per violation, the exceptions are a general manager, owner or controlling person, or a party to a management contract, shall be subject to a fine of not more than $25,000 per violation, and actual damages to the Tribe or it is Gaming Operations.
(v) The Commission has the final authority and responsibility to interpret and implement the Gaming Ordinance and its rules and proceedings before it including Tribal Internal Control Standards.
(w) The Executive Director shall be responsible for the following, which may delegate, in whole or in part:
(1) Implement and enforce all applicable rules, procedures, policies, regulations adopted by the Commission.
(2) Adopt an annual operating budget and submit to the Tribe.
(3) Oversight of Commission employees and taking personnel action.
(4) Taking all licensing actions including issuance, renewal, suspension and revocation for any applicant or licensee.
(5) Establish and implement Tribal Internal Control Standards (TICS).
