Page 629 TITLE 25—INDIANS § 2706

(A) has been convicted of a felony or gaming

offense;

(B) has any financial interest in, or management responsibility for, any gaming activity;

or

(C) has a financial interest in, or management responsibility for, any management contract approved pursuant to section 2711 of this

title.

(6) A Commissioner may only be removed from

office before the expiration of the term of office

of the member by the President (or, in the case

of associate member, by the Secretary) for neglect of duty, or malfeasance in office, or for

other good cause shown.

(c) Vacancies

Vacancies occurring on the Commission shall

be filled in the same manner as the original appointment. A member may serve after the expiration of his term of office until his successor

has been appointed, unless the member has been

removed for cause under subsection (b)(6) of this

section.

(d) Quorum

Two members of the Commission, at least one

of which is the Chairman or Vice Chairman,

shall constitute a quorum.

(e) Vice Chairman

The Commission shall select, by majority

vote, one of the members of the Commission to

serve as Vice Chairman. The Vice Chairman

shall serve as Chairman during meetings of the

Commission in the absence of the Chairman.

(f) Meetings

The Commission shall meet at the call of the

Chairman or a majority of its members, but

shall meet at least once every 4 months.

(g) Compensation

(1) The Chairman of the Commission shall be

paid at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5.

(2) The associate members of the Commission

shall each be paid at a rate equal to that of level

V of the Executive Schedule under section 5316

of title 5.

(3) All members of the Commission shall be reimbursed in accordance with title 5 for travel,

subsistence, and other necessary expenses incurred by them in the performance of their duties.

(Pub. L. 100–497, §5, Oct. 17, 1988, 102 Stat. 2469.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2703 of this title.

§ 2705. Powers of Chairman

(a) The Chairman, on behalf of the Commission, shall have power, subject to an appeal to

the Commission, to—

(1) issue orders of temporary closure of gaming activities as provided in section 2713(b) of

this title;

(2) levy and collect civil fines as provided in

section 2713(a) of this title;

(3) approve tribal ordinances or resolutions

regulating class II gaming and class III gaming as provided in section 2710 of this title; and

(4) approve management contracts for class

II gaming and class III gaming as provided in

sections 2710(d)(9) and 2711 of this title.

(b) The Chairman shall have such other powers

as may be delegated by the Commission.

(Pub. L. 100–497, §6, Oct. 17, 1988, 102 Stat. 2470.)

§ 2706. Powers of Commission

(a) Budget approval; civil fines; fees; subpoenas;

permanent orders

The Commission shall have the power, not

subject to delegation—

(1) upon the recommendation of the Chairman, to approve the annual budget of the

Commission as provided in section 2717 of this

title;

(2) to adopt regulations for the assessment

and collection of civil fines as provided in section 2713(a) of this title;

(3) by an affirmative vote of not less than 2

members, to establish the rate of fees as provided in section 2717 of this title;

(4) by an affirmative vote of not less than 2

members, to authorize the Chairman to issue

subpoenas as provided in section 2715 of this

title; and

(5) by an affirmative vote of not less than 2

members and after a full hearing, to make permanent a temporary order of the Chairman

closing a gaming activity as provided in section 2713(b)(2) of this title.

(b) Monitoring; inspection of premises; investigations; access to records; mail; contracts; hearings; oaths; regulations

The Commission—

(1) shall monitor class II gaming conducted

on Indian lands on a continuing basis;

(2) shall inspect and examine all premises located on Indian lands on which class II gaming

is conducted;

(3) shall conduct or cause to be conducted

such background investigations as may be

necessary;

(4) may demand access to and inspect, examine, photocopy, and audit all papers, books,

and records respecting gross revenues of class

II gaming conducted on Indian lands and any

other matters necessary to carry out the duties of the Commission under this chapter;

(5) may use the United States mail in the

same manner and under the same conditions

as any department or agency of the United

States;

(6) may procure supplies, services, and property by contract in accordance with applicable

Federal laws and regulations;

(7) may enter into contracts with Federal,

State, tribal and private entities for activities

necessary to the discharge of the duties of the

Commission and, to the extent feasible, contract the enforcement of the Commission’s

regulations with the Indian tribes;

(8) may hold such hearings, sit and act at

such times and places, take such testimony,

and receive such evidence as the Commission

deems appropriate;

(9) may administer oaths or affirmations to

witnesses appearing before the Commission;

and