CHAPTER 12-3
TRIBAL GAMING COMMISSION
12-3-1 Establishment.
The Nation hereby charters, creates, and establishes the Prairie Band Potawatomi Tribal Gaming Commission (“Tribal Gaming Commission”) as a governmental subdivision of the Nation.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-2 Authority of the Commission.
The Tribal Gaming Commission is hereby delegated exclusive authority to independently regulate all gaming activities, facilities and gaming operations under the provisions of this title.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-3 Location and Place of Business.
The Tribal Gaming Commission shall be a resident of and maintain its headquarters, principal place of business, and office on the Reservation. The Tribal Gaming Commission may, however, establish other places of business and offices in such other locations as the Tribal Gaming Commission may from time to time determine to be in the best interest of the Nation.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-4 Duration.
The Tribal Gaming Commission shall have perpetual existence and succession in its own name unless dissolved by the Tribal Council pursuant to Nation law as duly enacted.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-5 Attributes.
As a governmental subdivision of the Nation, the Tribal Gaming Commission is hereby delegated the substantial governmental function of regulating Tribal gaming pursuant to the IGRA, the Nation’s laws, applicable Federal laws, and any effective Tribal-State Gaming Compact. It is the purpose and intent of the Tribal Council, in creating the Tribal Gaming Commission, that its operations be conducted on behalf of the Nation and for the sole benefit and interest of the Nation. Notwithstanding any authority delegated to the Tribal Gaming Commission under this title, the Nation reserves to itself the right to bring suit against any person or entity in its own right, on behalf of the Nation or on behalf of the Tribal Gaming Commission, whenever the Nation deems it necessary to protect the sovereignty, rights, and interests of the Nation or the Tribal Gaming Commission.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-6 Recognition as a Political Subdivision of the Nation.
The Tribal Council, on behalf of the Tribal Gaming Commission, recognizes that the Tribal Gaming Commission is a political subdivision of the Nation, and shall take all necessary steps to acquire recognition of the Tribal Gaming Commission as a governmental subdivision of the Nation, and recognized by all branches of the United States Government as having been delegated the right to exercise one (1) or more substantial governmental functions of the Nation.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-7 Sovereign Immunity of the Tribal Gaming Commission.
The Tribal Gaming Commission is hereby cloaked with all the privileges and immunities of the Nation, except as specifically limited by this title or other Nation law, including sovereign immunity from suit in any State, Federal or Tribal court. Except as provided in Section 12-3-8, nothing in this title nor any action of the Nation or the Tribal Gaming Commission shall be deemed or construed to be a waiver of sovereign immunity from suit by the Tribal Gaming Commission, or to be a consent of the Nation or the Tribal Gaming Commission to jurisdiction over the Tribal Gaming Commission by the United States or by any state or any other tribal nation with regard to the business or affairs of the Nation or the Tribal Gaming Commission, or to be a consent of the Nation or the Tribal Gaming Commission to any cause of action, case or controversy, or to the levy of any judgment, lien, or attachment upon any property of the Nation or the Tribal Gaming Commission, or to be a consent of the Nation or the Tribal Gaming Commission to suit in respect to any Nation lands, or to be a consent of the Nation or the Tribal Gaming Commission to the alienation, attachment, or encumbrance of any such land(s).
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-8 Limited Waiver of Sovereign Immunity of the Tribal Gaming Commission.
The sovereign immunity of the Tribal Gaming Commission may be waived only by a resolution of the Tribal Council after consultation with its attorney(s); provided, that the Tribal Gaming Commission shall have the authority, without further process, to execute contracts containing a limited waiver of its own sovereign immunity strictly limited to proceedings before the Tribal Court to compel arbitration or to enforce an arbitration award. All waivers of sovereign immunity must be preserved with the resolutions of the Tribal Gaming Commission and/or the Tribal Council to be of continuing force and effect. Waivers of sovereign immunity are disfavored and shall be granted only when necessary to secure a substantial advantage or benefit to the Tribal Gaming Commission. Waivers of sovereign immunity shall not be general but shall be specific and limited as to duration, grantee, transaction, property or funds, if any, of the Tribal Gaming Commission subject thereto, court having jurisdiction pursuant thereto, and law applicable thereto. Neither the power to sue and be sued provided in Section 12-3-20(KK), nor any express waiver of sovereign immunity by resolution of the Tribal Council shall be deemed a consent to the levy of any judgment, lien, or attachment upon property of the Tribal Gaming Commission other than property specifically pledged or assigned, or a consent to suit in respect of any Nation lands, or a consent to the alienation, attachment, or encumbrance of any such land.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-9 Sovereign Immunity of the Nation.
All inherent sovereign rights of the Nation as a Federally recognized Indian tribe with respect to the existence and activities of the Tribal Gaming Commission are hereby expressly reserved, including sovereign immunity from suit in any State, Federal or Tribal court. Except as provided in Section 12-3-8, nothing in this title nor any action of the Tribal Gaming Commission shall be deemed or construed to be a waiver of sovereign immunity from suit of the Nation, or to be a consent of the Nation to the jurisdiction of the United States or of any state or any other tribal nation with regard to the business or affairs of the Tribal Gaming Commission or the Nation, or to be a consent of the Nation to any cause of action, case or controversy, or to the levy of any judgment, lien, or attachment upon any property of the Nation, or to be a consent to suit in respect to any Nation lands, or to be a consent to the alienation, attachment, or encumbrance of any such land.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-10 Credit of the Nation.
Except as provided in this title and in any gaming management contract entered into by the Nation pursuant to the IGRA, nothing in this title, nor any activity of the Tribal Gaming Commission, shall implicate or in any way involve the credit of the Nation.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-11 Credit of the Tribal Gaming Commission.
Except as provided in this title, nothing in this title, nor any activity of the Tribal Gaming Commission, shall implicate or in any way involve the credit of the Tribal Gaming Commission.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-12 Assets of the Tribal Gaming Commission.
The Tribal Gaming Commission shall have only those assets specifically assigned to it by the Tribal Council or acquired by it on its own behalf. Except as provided in this title, no activity of the Tribal Gaming Commission nor any indebtedness incurred by it shall implicate or in any way involve any assets of the Nation not specifically assigned to the Tribal Gaming Commission, nor any assets of the Tribal Gaming Commission other than property specifically pledged or assigned by the Tribal Gaming Commission therefor.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-13 Membership; Qualifications of Commissioners.
(A) Number of Commissioners. The Tribal Gaming Commission shall consist of three (3) members at large of the Nation, all of whom shall be elected by the General Council. Members of the Tribal Gaming Commission shall select a Chairperson, Secretary, and Treasurer.
(B) Qualifications of Commissioners; Background Investigation. Prior to the time that any Tribal Gaming Commission member takes office on the Tribal Gaming Commission, the Nation shall perform or arrange to have performed a comprehensive background investigation on each prospective member. No person shall serve as a member of the Tribal Gaming Commission if:
(1) He/she is currently a member of the Tribal Council; or
(2) His/her prior activities, criminal record, if any, or reputation, habits, or associations:
(a) Pose a threat to the public interest; or
(b) Threaten the effective regulation and control of gaming; or
(c) Create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities in the conduct of gaming or the carrying on of the business and financial arrangements incidental thereto; or
(3) He/she has been convicted of, or entered a plea of nolo contendere to, a felony or any gaming offense in any jurisdiction, or to a misdemeanor involving dishonesty or moral turpitude; or
(4) He/she has a present interest in the conduct of any gaming enterprise.
(C) Disqualification Due to Conflict of Interest. In addition to the terms of subsection (B) of this section, no person shall be eligible to serve as a member of the Tribal Gaming Commission if he/she, or any member of his/her immediate family, has an ownership, partnership or other financial interest, other than a regular salary interest, in any business entity conducting business with the gaming enterprise, or if he has any other personal or legal relationship which creates a conflict of interest.
(D) Date of Appointment. Each member of the Tribal Gaming Commission shall take office no later than one (1) week after the swearing in of a new Tribal Gaming Commission following a Tribal Gaming Commission election.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-14 Term of Office.
Tribal Gaming Commission members shall be elected in regular elections as set out by the election ordinance and shall each serve a four (4) year term, or until their successor is elected and installed in office.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-15 Ex-Officio Members.
If duly authorized by the Tribal Council, and with prior notice to the Tribal Gaming Commission, any member of the Tribal Council, any employee of the Nation, or any other person may be designated to take part, without vote, in Tribal Gaming Commission meetings.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-16 Meetings.
(A) Regular Meetings. The Tribal Gaming Commission shall hold at least one (1) regular monthly meeting which shall take place on the first Tuesday of each month, or as otherwise determined by the Tribal Gaming Commission.
(B) Special Meetings. Special meetings may be called at the request of the Tribal Council, the Chairperson of the Tribal Gaming Commission, or two (2) or more members of the Tribal Gaming Commission.
(C) Compensation of Commissioners. Tribal Gaming Commissioners shall be salaried.
(D) Quorum. A quorum shall comprise two (2) Tribal Gaming Commission members.
(E) Voting. All questions arising in connection with the action of the Tribal Gaming Commission shall be decided by majority vote with each Tribal Gaming Commission member having one (1) vote.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-17 Organization.
The Tribal Gaming Commission shall develop its own operating procedures, which shall become effective upon final action of the Tribal Gaming Commission.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-18 Removal of Members; Vacancies.
(A) Removal. The following are causes for removal from the Commission:
(1) Malfeasance in the regulation of gaming and enforcement of applicable controls;
(2) Neglect of duty;
(3) Abuse of power;
(4) Unexcused absence from three (3) consecutive scheduled Tribal Gaming Commission meetings;
(5) Conviction of a gaming-related offense;
(6) Noncompliance with this title;
(7) Acceptance of a bribe; or
(8) Conviction of a felony. Any member of the Tribal Gaming Commission who, during the term for which he or she is elected, is convicted of any felony shall automatically forfeit his or her office effective on the date of the initial court conviction.
(B) Procedure for Removal. Any Tribal Gaming Commission member who, during the term for which he is elected, is charged with any of the offenses listed in this section may be removed from office for cause by a majority vote of the eligible Tribal membership attending any General Council meeting duly called for the removal of a Tribal Gaming Commissioner; provided, that a quorum of the General Council is present.
(C) Calling a Removal Meeting. Action to initiate removal of a Tribal Gaming Commission member shall be taken by the General Council in the form of a resolution, stating the charges against the accused, the date of the duly called General Council meeting for the removal procedure, and the rights of the accused. A separate notice, stating only “Removal of Gaming Commissioner” shall constitute notice of the General Council removal meeting to Tribal membership, and shall be posted at least thirty (30) days prior to the General Council removal meeting.
(D) Notification to the Accused. A copy of the call for a removal resolution shall be provided to the accused by certified mail at least thirty (30) days prior to any General Council removal meeting.
(E) Petition for General Council Removal Meeting.
(1) A request for a General Council removal meeting to consider removal of a Tribal Gaming Commissioner shall be by petition which shall contain at least three hundred (300) signatures of eligible Tribal membership.
(2) A clear statement of the purpose of the petition and the cause for removal shall be provided on each sheet of the petition.
(3) Only an enrolled member of the Nation shall be permitted to circulate the petition.
(4) After validation of sufficient signatures on the petition by the Election Board, the Tribal Secretary shall certify the petition to the General Council which shall act upon the petition as provided in subsection (C) of this section.
(F) Rights of the Accused.
(1) Answering Charges. Before the vote of the Tribal membership at a duly called General Council removal meeting, the accused shall be afforded the opportunity to hear and answer all charges of cause for removal included in the petition.
(2) Documentation of Charges. All charges of cause for removal must be documented at the General Council removal meeting. In the absence thereof, the accused shall be allowed to continue his term of office as a Tribal Gaming Commissioner.
(3) Evidence. The accused shall be permitted to have an attorney, submit evidence on his or her behalf, and to call witnesses to testify on his or her behalf, and may present such affidavits, statements, and pertinent documents as he/she deems necessary to refute the charges of cause for removal.
(4) Confrontation of Accusers. The accused shall be afforded the opportunity to confront and question witnesses who speak against him at the General Council removal meeting.
(5) Failure of the Accused to Appear. Failure of the accused to appear at the duly called General Council removal meeting shall be deemed a waiver of his/her right to a hearing unless an excuse satisfactory to the General Council for such failure is furnished to the General Council not less than five (5) days prior to the meeting. In the event no petitioners appear at such meeting, the removal action shall be considered null and void. The vote of the General Council upon the matter shall be conclusive.
(G) Tribal Gaming Commissioner Removal by the Commission.
(1) The Tribal Gaming Commission shall have the power to propose, by resolution, the removal of any of its members for cause by the affirmative vote of the majority of a quorum at a meeting called for that purpose, if such member is determined to be culpable of any of the following:
(a) Abuse of authority;
(b) Commission of an offense of moral turpitude or one involving untruthfulness or dishonesty;
(c) Nonfeasance, misfeasance, or malfeasance in office;
(d) Gross neglect of duty;
(e) Misconduct reflecting on the dignity and integrity of the Nation’s government;
(f) Embezzlement of Nation property or assets; or
(g) Any other cause listed in subsection (A) of this section.
The member charged with any of these offenses shall be given a written statement detailing the facts alleged at least ten (10) days before the meeting at which the Tribal Gaming Commission is to consider the charges and may be suspended with pay pending the outcome of the meeting. He or she shall be given an opportunity to appear and answer the charges at the meeting with the Tribal Gaming Commission and may be represented by an attorney at the meeting at his or her own expense. The Tribal Gaming Commission member subject to removal shall not take part in the deliberations of, or vote on, the resolution proposing his or her removal from the Tribal Gaming Commission. The removal of only one (1) Tribal Gaming Commission member may be considered at any meeting.
(2) If the Tribal Gaming Commission votes to remove a member, its resolution proposing removal shall be delivered to the Chairperson and all other members of the Tribal Council. If the Tribal Gaming Commission vote on the resolution of removal fails, the proposed removal action shall be deemed dismissed. In the event of a tie vote, the removal action will fail.
(3) Upon receipt of the Tribal Gaming Commission’s removal resolution, the Tribal Council shall by resolution within ten (10) days of the date of receipt of the Tribal Gaming Commission resolution concur or non-concur in the proposed removal. If the Tribal Council concurs in the removal by resolution, the Tribal Gaming Commission member shall be considered removed from office. If the Tribal Council by resolution votes for non-concurrence within ten (10) days of the date of receipt of the Tribal Gaming Commission resolution, the Tribal Gaming Commission member shall not be removed at that time.
(H) Vacancies. In the event of a vacancy on the Tribal Gaming Commission for any reason, the Tribal Gaming Commission shall, as soon as practicable, notify the Tribal Council in writing. Upon receipt of such notice, the Tribal Council shall declare the position vacant and shall appoint a qualified person to fill such position. The term of office of each person appointed to fill a vacancy shall be for the balance of any unexpired term for such position; provided, that any such appointee must meet the qualifications established by this title.
(I) Prohibition on Serving on Tribal Gaming Commission Until After Original Term Expires. Any member of the Tribal Gaming Commission removed from office pursuant to this section shall not be eligible to be elected or appointed to serve on the Tribal Gaming Commission until four (4) years after the end of the term in which he or she was serving at the time of removal.
(J) Removal of a Gaming Commissioner pursuant to this section shall be final and shall not be subject to appeal to the Tribal Court.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-19 Conflict of Interest.
(A) No Tribal Gaming Commissioner shall preside over or take part in any matter before the Tribal Gaming Commission where a personal conflict of interest is present. When a Tribal Gaming Commissioner recognizes the existence of a conflict of interest, he/she shall inform the other Tribal Gaming Commission members in writing of the presence and nature of the conflict of interest, and thereafter he/she shall be recused from taking part in the matter.
(B) Where a Tribal Gaming Commissioner has been recused, the unaffected Tribal Gaming Commission members may preside over or otherwise take part in the matter; or, where circumstances dictate, the Tribal Gaming Commission may appoint a hearing examiner pursuant to Section 12-3-25 to hear and decide the matter. Where two (2) or more members of the Tribal Gaming Commission have a conflict of interest, the Tribal Gaming Commission shall appoint a hearing examiner to decide the matter pursuant to Section 12-3-25.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-20 Powers of the Tribal Gaming Commission.
In furtherance, but not in limitation, of the Tribal Gaming Commission’s purposes and responsibilities, and subject to any restrictions contained in this title or any other applicable law, the Tribal Gaming Commission is hereby authorized to exercise the following powers in addition to all powers already conferred by this title:
(A) To enact and enforce such rules and regulations regarding its activities and governing its internal affairs as it may deem necessary and proper to effectuate the powers granted and duties imposed by this title and any other applicable law;
(B) To publish and maintain copies of this title and Tribal Gaming Commission rules and regulations and any Tribal Council, Tribal Gaming Commission, or Tribal Court decisions regarding gaming matters;
(C) To prepare and submit proposals, including budget and monetary proposals, to the Tribal Council for its approval to enable the Nation to carry forth the policies and intent of this title;
(D) To work with the Tribal Council, the staff of any department, program, project, or operation of the Nation in regard to gaming issues;
(E) To maintain and keep current a record of new developments in the area of Indian gaming;
(F) To obtain and publish a summary of Federal revenue laws relating to gaming and to ensure compliance therewith;
(G) To consider any gaming matter brought before it by any person, organization, or business, and any matter referred to it by the Tribal Council;
(H) To engage with such advisors as it may deem necessary; advisors may include, but are not limited to, the Tribal law enforcement agency officials, general or special counselors, gaming professionals, and the Nation’s accountants;
(I) To establish and maintain such bank accounts as may be necessary or convenient;
(J) To require by regulation the filing of any records, forms, reports, and all other information desired by the Tribal Gaming Commission for implementation of this title relating to any gaming activity or operation, or any investigation as required by the Nation’s law and the IGRA;
(K) To provide for an internal system of record keeping with adequate safeguards for preserving confidentiality as deemed necessary by the Tribal Gaming Commission. All applications, background investigations, and Tribal Gaming Commission decisions shall be retained in the Tribal Gaming Commission files for a period of at least ten (10) years;
(L) To adopt a schedule of fees to be charged for gaming licenses pursuant to the IGRA;
(M) To adopt a schedule of fees and charges for services rendered relating to transcripts and the furnishing or certifying of copies of proceedings, files, and records;
(N) To delegate to an individual member of the Tribal Gaming Commission, or to an individual member of the Tribal Council, or, with the approval of the Tribal Council, to the Tribal Gaming Commission or Nation staff, such of its functions as may be necessary to administer this title efficiently; provided, that the Tribal Gaming Commission may not re-delegate its power to exercise any substantial governmental function of the Nation or its power to promulgate rules and regulations; and provided further, that it may not delegate to anyone except the Tribal Council or Tribal Court the power to revoke a gaming license permanently;
(O) To seek recourse before, or to request the assistance of, the Tribal Court or Tribal Appellate Court in conducting gaming hearings, or in any other matter for which the Tribal Gaming Commission deems such assistance to be necessary or proper;
(P) To establish and use a Tribal Gaming Commission seal;
(Q) By written notification to the National Indian Gaming Commission, to designate an agent for service of any official determination, order, or notice of violation from the National Indian Gaming Commission;
(R) To supervise, inspect, and regulate all gaming activities within the jurisdiction of the Nation;
(S) To promote the full and proper enforcement of this title and any other applicable law regarding gaming activities within the jurisdiction of the Nation, including approved Tribal-State Gaming Compacts;
(T) To promulgate rules and regulations to implement and further the provisions of this title; provided, that all gaming regulations shall be adopted pursuant to applicable law;
(U) To issue regulations for the oversight of gaming promotions;
(V) To conduct or cause background investigations to be conducted on all applicants for a gaming license, and to report notice of results of background investigations to the National Indian Gaming Commission;
(W) To obtain and process fingerprints or designate a law enforcement agency to obtain and process fingerprints;
(X) To make licensing eligibility determinations;
(Y) To make recommendations to the Tribal Council regarding the hiring of all primary management officials;
(Z) To approve or disapprove any application for a gaming license, registration, or permit, and issue, renew, suspend, condition, or revoke any such license, registration, or permit;
(AA) To make, or cause to be made by its agents or employees, an examination or investigation of the place of business, equipment, facilities, tangible personal property, books, records, papers, vouchers, accounts, documents, and financial statements of any gaming enterprise operating, or suspected to be operating, within the jurisdiction of the Nation. In undertaking such investigations, the Tribal Gaming Commission may request the assistance of Nation gaming employees, Federal and local law enforcement officials, legal counsel, and other third parties;
(BB) To maintain a surveillance log recording all surveillance activities in the monitoring room of each gaming facility, and to maintain a security log recording all unusual occurrences in any gaming facility as required by the Tribal-State Gaming Compact;
(CC) To issue orders of exclusion and establish a list of persons barred from entering the premises of the Nation’s gaming facilities because of their criminal history or association with career offenders or career offender organizations as required by the Tribal-State Gaming Compact, or for the purpose of maintaining the integrity of gaming and/or ensuring the public health and safety of patrons and employees;
(DD) To conduct hearings, administer oaths, and to examine under oath, either orally or in writing, in hearings or otherwise, any person, agent, officer, or employee of any person, or any other witness, with respect to any matters related to this title, and to compel by subpoena the attendance of witnesses and the production of any books, records, and papers with respect thereto;
(EE) To issue such orders and directives as may be necessary to ensure the Nation’s compliance with all applicable laws, including, but not limited to, notices of violation, orders to compel, and orders to cure, and to compel obedience to its lawful orders by proceedings of mandamus or injunction or other proper proceedings, in the name of the Nation in the Tribal Court or any other court having jurisdiction of the parties or of the subject matter;
(FF) To discipline any licensee or other person participating in any gaming activity or operation by ordering immediate compliance with this title or Tribal Gaming Commission regulations, and to issue an order of temporary suspension of any license issued under this title, whenever the Tribal Gaming Commission is notified of a violation by any such person of this title or any other applicable law;
(GG) To issue an order of temporary closure of any gaming activity or gaming facility in the event the Tribal Council determines that immediate closure is necessary to protect assets or activities of the Nation, pursuant to Tribal Gaming Commission regulations;
(HH) To close permanently, after notice and a hearing, any gaming activity or gaming facility which is operated in violation of this title or any other applicable law;
(II) Whenever necessary or appropriate, to request the assistance and utilize the services of the courts, law enforcement, government officials and agencies, and private parties, in exercising its powers and carrying out its responsibilities;
(JJ) To arbitrate, litigate, compromise, negotiate, or settle any dispute to which it is a party relating to the Tribal Gaming Commission’s authorized activities;
(KK) Upon prior express written consent of the Tribal Council, to sue or be sued in courts of competent jurisdiction within the United States and Canada, subject to the provisions of this title and other applicable Nation laws relating to sovereign immunity;
(LL) To enter into an agreement with the Tribal law enforcement agency or other law enforcement agencies whereunder those agencies will report to the Tribal Gaming Commission any activities of any person who is in violation of the provisions of this title, or any other applicable law regarding any gaming activity;
(MM) To purchase, lease, take by gift, devise, bequest, or otherwise acquire, own, hold, improve, and use property and assets of every description, real and personal, tangible or intangible¸ including money, securities, or any interests therein, rights and services of any kind and description or any interest therein; provided, that the Tribal Gaming Commission shall have authority to purchase any interest in real property, whether located on or off the Reservation, only with the prior express written consent of the Tribal Council and title to such real property and property which is to become a fixture or permanent improvement or part of the real property shall be taken in the name of the Nation or in the name of the United States in trust for the Nation, and title to all trust and restricted real property shall remain in trust or restricted status;
(NN) To sell, mortgage, pledge, lease, exchange, transfer, or otherwise dispose of all or any part of its personal property and assets;
(OO) To deal in inventions, copyrights, and trademarks; to acquire by application, assignment, purchase, exchange, lease, hire, or otherwise and to hold, own, use, license, lease, and sell, either alone or in conjunction with others, the absolute, or any partial or qualified interest, in and to inventions, letters patent and applications therefor, licenses, formulas, privileges, processes, copyrights and application therefor, trademarks and applications therefor, and trade names; provided, that title to all such interests shall be taken in the name of the Nation;
(PP) With the prior express written consent of the Tribal Council, to borrow money and to make, accept, endorse, execute, and issue bonds, debentures, promissory notes, guarantees, and other obligations of the Tribal Gaming Commission for moneys borrowed, or in payment for property acquired or for any of the purposes of the Tribal Gaming Commission and to secure payment of any obligations by secured interest, mortgage, pledge, deed, indenture, agreement or other instrument of trust or by other lien upon, assignment of or agreement in regard to all or part of the property, rights or privileges of the Tribal Gaming Commission, excluding real property of the Nation held in trust or restricted status;
(QQ) To enter into, make, perform, and carry out any agreement, or other undertaking with any Federal, state or local governmental agency, tribal nation, person, partnership, corporation, or other association or entity for any lawful purpose pertaining to the functions of the Tribal Gaming Commission or which is necessary or incidental to the accomplishment of the purposes of the Tribal Gaming Commission;
(RR) To purchase insurance;
(SS) Upon prior express written approval of the Tribal Council, to make application and accept grants and other awards from private and governmental sources in carrying out or furthering the purposes of the Tribal Gaming Commission or the Nation;
(TT) To develop a cooperative working relationship with Federal and State agencies and officials;
(UU) To arrange for training of Tribal Gaming Commission members, employees of the Nation, and others in areas relating to the regulation or operation of gaming;
(VV) To become self-regulating whenever the Nation becomes eligible for a certificate of self-regulation under the IGRA; and
(WW) To conduct such audits as may be necessary for the proper control and financial oversight of gaming activities, including, but not limited to, financial and operational audits, internal control audits, revenue tracking, and monitoring the integrity of information technology systems through auditing, testing, and other appropriate procedures.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-21 Annual Budget.
The Tribal Gaming Commission shall prepare an annual operating budget for all Tribal Gaming Commission activities and present it to the Tribal Council by August 15th of each year for approval. The Tribal Gaming Commission shall cause professionally audited annual financial statements to be prepared for all of its financial activity, including statements of all revenues, expenses, and balance sheets. Copies of these financial statements shall be delivered to all members of the Tribal Council immediately after they have been prepared. Upon request of the Tribal Council or its Treasurer, at any time, the Commission shall also deliver to the Tribal Council Chairperson and Treasurer information, records, or documents that concern the Commission’s finances, budgets, accounting, or operations. All funds of the Tribal Gaming Commission that have been transferred to it and remain unexpended for operating or capital expense at the end of a calendar year shall be transferred to the Nation’s government general fund account on August 15th of each year at the direction of the Nation’s Treasurer.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-22 Tribal Gaming Commission Regulations.
(A) Tribal Gaming Commission regulations necessary to carry out the orderly performance of its duties and powers shall include, but shall not be limited to, the following:
(1) Internal operational procedures of the Tribal Gaming Commission and its staff;
(2) Interpretation and application of this title as may be necessary to carry out the Tribal Gaming Commission’s duties and exercise its powers, including the establishment of licensing, registration, and permit programs for gaming and non-gaming employees and non-gaming vendors;
(3) A regulatory system for all gaming activity, including accounting, contracting, management, and supervision;
(4) Reports or other information required by, or necessary to implement, this title; and
(5) The conduct of inspections, investigations, hearings, enforcement actions, and to carry out all other powers of the Tribal Gaming Commission authorized by this title.
(B) Except as may otherwise be provided herein, no regulation of the Tribal Gaming Commission shall be of any force or effect unless it is adopted by the Tribal Gaming Commission by written resolution and subsequently approved by a resolution of the Tribal Council and both filed for record in the Office of the Tribal Secretary and in the Office of the Clerk of the Tribal Court.
(C) All Class II and Class III gaming regulations shall be adopted pursuant to and in compliance with the provisions of the IGRA and its implementing regulations.
(D) The Tribal Court and any other court of competent jurisdiction shall take judicial notice of all Tribal Gaming Commission regulations adopted pursuant to this title.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-23 Right of Entrance; Monthly Inspection.
The Tribal Gaming Commission and duly authorized officers and employees of the Tribal Gaming Commission, during all hours of operation, may enter upon any premises of any operator or gaming facility for the purpose of making inspections and examining the accounts, books, papers, and documents of any such operator or gaming facility. Such operator shall facilitate such inspection or examinations by giving every reasonable aid to the Tribal Gaming Commission and to any other properly authorized officer or employee.
A Tribal Gaming Commission member, or a member of the Tribal Gaming Commission’s staff, shall visit each gaming facility owned or operated by the Nation at least once every two (2) weeks during any hour of operation for the purpose of monitoring its operation. Such visits shall be unannounced. Such Tribal Gaming Commission visits shall be in addition to, and distinct from, the functions of the Tribal Gaming Commission’s gaming inspectors.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-24 Investigations.
(A) Investigations Generally. The Tribal Gaming Commission, upon complaint, its own initiative, or whenever it may deem it necessary in the performance of its duties or the exercise of its powers, may investigate and examine the operation and premises of any person who is subject to the provisions of this title. In conducting such investigation, the Tribal Gaming Commission may proceed either with or without a hearing as it may deem best, but it shall make no order without affording any affected party notice and an opportunity for a hearing pursuant to Tribal Gaming Commission regulations.
During any investigation prior to the issuance of formal written notice concerning an apparent violation, no employee or agent of the Tribal Gaming Commission shall orally or in writing discuss with or suggest to a gaming enterprise or licensee the potential suspension or revocation of a license or other possible adverse action by the Tribal Gaming Commission.
(B) Investigation of Non-Gaming Employees. The Tribal Gaming Commission may investigate suspected misconduct of non-gaming employees. If the Tribal Gaming Commission determines that the conduct of any non-gaming employee poses a threat to the effective regulation of gaming or creates or enhances the dangers of unfair or illegal practices, methods, and activities in the conduct of gaming, the Tribal Gaming Commission shall notify all interested parties of such concerns and, after a hearing, may order the modification or termination of the non-gaming employee’s work permit.
(C) Investigation of Non-Gaming Vendors. The Tribal Gaming Commission may investigate suspected misconduct of non-gaming vendors. If the Tribal Gaming Commission determines that the conduct of any non-gaming vendor poses a threat to the effective regulation of gaming or creates or enhances the dangers of unfair or illegal practices, methods, and activities in the conduct of gaming, the Commission shall notify all interested parties of such concerns and, after a hearing, may order the non-gaming vendor’s suspension or removal from the registration list.
(D) Effect of Removal from Registration List. Any non-gaming vendor removed from the registration list pursuant to subsection (C) of this section may no longer provide goods or services to the gaming enterprise or the gaming facilities subject to its authority unless and until the vendor is reinstated on the registration list in good standing.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-25 Hearings; Examiner.
(A) Pursuant to its regulations, the Tribal Gaming Commission may hold any hearing it deems to be reasonably required in the administration of its powers and duties under this title. Whenever it shall appear to the satisfaction of the Tribal Gaming Commission that all of the interested parties involved in any proposed hearing have agreed concerning the matter at hand, the Tribal Gaming Commission may issue its order without a hearing or enter into a consent order resolving the matter.
(B) The Tribal Gaming Commission may conduct hearings as a body, or it may designate one (1) of its members to act as examiner for the purpose of holding any such hearing. Alternatively, the Tribal Gaming Commission may appoint another natural person to act as examiner under Section 12-3-26. The Tribal Gaming Commission shall provide reasonable notice and the right to present oral or written testimony to all people interested therein as determined by the Tribal Gaming Commission.
(C) An employee or agent of the Tribal Gaming Commission who, prior to the hearing, is directly involved in the investigation of factual issues in a case may not, in that or a factually related case, take part or advise in the decision or recommended decision except as witness or counsel in public proceedings or in determining applications for initial licenses.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-26 Appointment of Examiner; Power of Examiner.
The Tribal Gaming Commission may appoint any natural person qualified in the law or possessing knowledge or expertise in the subject matter of the hearing to act as examiner for the purpose of holding any hearing which the Tribal Gaming Commission is authorized to hold. Any such appointment shall constitute a delegation to such examiner of all powers of a Tribal Gaming Commission member under this title with respect to any such hearing.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-27 Bank Account of Gaming Facility.
The Tribal Gaming Commission shall ensure that sufficient separate bank accounts are established for each gaming facility, and that all proceeds of each such facility shall be deposited therein.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-28 Quarterly Summary Report of Tribal Enterprise Managers’ Reports.
The Tribal Gaming Commission shall file a summary report to the Tribal Council quarterly summarizing reports received from each manager of any gaming enterprise, and making such comments as it deems necessary to keep the Tribal Council fully informed as to the status of all its gaming enterprises.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-3-29 Designation of Agent to Accept Service.
On behalf of the Nation, the Tribal Gaming Commission shall serve as the designated agent for service of process for any official determination, order, or notice of violation from the National Indian Gaming Commission.
(Enacted by PBP TC No. 2020-363, December 9, 2020)