NATIONAL INDIAN GAMING COMMTSSION 

NOTICE OF VIOLATION 

TO: La Posta Band of Mission hdians 

Attn: Gwendolyn Perada, Chairperson 

Agent for Service of Process 

8 '/Z Crestwood Road 

Boulevard, CA 91 905 

FAX: (ti 19) 478-2 I25 

Richard Estrada, Chairperson 

La Posta Gaming Commission 

8% CrestwIood Road 

Suite 13 

Boulevard, CA 9 1905 

FAX: (61 9)-478-9439 

1. Notification of Violation 

The Chaiman of the National Indian Gaming Commission (NEGC) hereby gives 

notice that the La Posta Band of Mission Indians (Respondent or Tribe), located 

in Boulevard, CaIifornia has violated NIGC regulations and its tribal gaming 

ordinance by failing to submit tirneIy quarterly statements and Fee payments. 

2. Authority 

Under the Indian Gaming Regulatory Act (IGR4) and NIGC regulations, the 

Chairman of the NIGC (Chairman) may issue a Notice of VioIation WOV) to any 

person for violation of any provision of the IGRA, NIGC regulations, or any 

provision of a tribal gaming ordinance or resolution approved by the Chairman. 

25 U.S.C. 9 2713; 25 C.F.R. 8 573.3. 

3. Applicable Federal Laws and Tribal Ordinance Provisions 

A. IGRA requires the NIGC to establish a scheduIe of fees to be paid to the 

Commission annually by each gaming operation that conducts a class I1 or 

class 111 gaming activity. 25 U.S.C. 5 271 7. 

B. NlGC regulations require that each gaming operation under the 

jurisdiction of the Commission shall pay to the Commission annual fees as 

established by the Commission. 25 C.F.R. Ij 5 14.l(a). 
C. Each gaming operation subject to the jurisdiction of the Commission and 

not exempt from paying fees pursuant to the self-regulation provisions 

shall file with the Commission a quarterIy statement showing its 

assessable gross revenues for the previous calendar year. 25 C.F.R. 

$ 5 14. I (c). 

D. The quarterly statements are due Mmh 3 1, June 30, September 30, and 

December 3 1 of each calendar year the gaming operation is subject to the 

jurisdiction of the NIGC. 25 C.F.R. $5 1 4. l (c)(2). The quarterly 

statements shall be transmitted to the Commission and arrive no later than 

the due date. 25 C.F.R. 8 5 14.1 (c)(4). 

E. NIGC regulations require each gaming operation to remit to the 

Commission the fees due each quarter with the quarterIy statement. 25 

C.F.R. 9 5 14.1(~)(5). 

F. The NIGC may assess a penalty for failure to file timely a quarterly 

statement. 25 C.F.R. tj 5 1 4. I (c)(9). 

G. NIGC regulations define ':gaming operation" as "each economic entity 

that is licensed by a tribe, operates the games, receives the revenues, 

issues the prizes and pays the expenses." A gaming operation may be 

operated by a aibe directly; by a management contractor; or, under certain 

conditions, by another person or other cntity. 25 C.F.R. Ej 502.10. 

H. The La Posta Band of Mission Indians' Gaming Ordinance requires: The 

Enterprise shaI1 pay all fees and file all reports required by law within the 

time prescribed. Tribal Gaming Code of the La Posta Band of Mission 

Indium, 5 7.6.2 (April 16,2004). 

4. Role of Ouarterly Fees and Quarterly Statements 

The annual fees collected by the NIGC arc necessary to fund the agency's 

oversight and regulation of Indian gaming and are based upon the quarterly 

statements submitted by Indian gaming operations. NIGC must set a fee rate 

sufficient to fund its muaI budget, yet may not exceed the fee cap set by 

Congress. Thus, it is imperative that the NIGC receive quarterly statements from 

the gaming operations in a timely manner so that the NTGC is able to set accurate 

preliminary and final fee rates. 

5. Circumstances of the Violation 

A. Respondent is a federally recognized Indian Tribe with tribal headquarters 

in Boulevard, Cali fomia. 
B. The Tribe operated its gaming operation, La Posta Casino, during a11 or 

part of 20Q7 and 2008. 

C. The NIGC received an untimely quarterIy statements and fee payments 

for the quarters ending Mmh 3 I, 2008, June 30,2008, and September 30, 

2008, as fo1Iows: 

The first quarter statement and fees were due March 3 1,2008, and 

received by the NTGC on June 10,2008; 7 1 days late. 

The second quarter statement and fees were due June 30,2008, and 

rcccivcd by the NIGC on October 21,2008; 1 1 1 days late. 

The third quarter statement and fees were due September 30,2008, 

and received by the NTGC on October 2 1,2008; 2 1 days late. 

D. The late submission of quarterly statements and fee payments is a 

violation of NlGC regulations. 25 C.F.R. fj 5 14.1 (c), and the La Pasta 

Band of Mission Indians' Gaming Ordinance. 

6. Measures Required to Correct the VioIation 

While there is no remedial action that can correct the untimely submission of 

quarterly statements and fees, improved controls to ensure timely submission of 

future quarterly statements and fees should be put in place. 

7. Appeal 

Within thirty (30) days after service of this Notice of Violation, Respondent may 

appeal to the full Commission under 25 C.F.R Part 577 by submitting a notice of 

appeal, and, if desired, request for hearing to the National Indian Gaming 

Commission, 144 1 L Street NW, Suite 9 100, Washington, DC 20005. Respondent 

has a right no assistance of counsel in such an appeal. 25 C.F.R. 577.7 A notice of 

appeal must reference this Notice of Violation. 25 C.F.R. 5 577.3@3. 

Within ten (1 0) days after filing a notice of appeal, Respondent must file with the 

Commission a supplemenbf statement that states with particularity the relief desired 

and the grounds therefore and that includes, when available, supporting evidence in 

the form of affidavits. 25 C.F.R. 577.3(c). If Respondent wishes to present om1 

testimony or witnesses at the hearing, Respondent must include a request to do so 

with the supplemental statement. Id. The request to present oral testimony or 

witnesses must specify the names of proposed witnesses and the general nature of 

their expected testimony, whether a closed hearing is requested and why. Id. 

Respondent may waive its right to an oral hearing and instead elect to have the rnattcr 

determined by the Commission solely on the basis of written submissions. Id. 
8. Fine-Submission of Information 

The violation cited above may result in the assessment of a civil fine against 

Respondent in an amount not to exceed $25,000 per violation per day. 25 U.S.C. 3 

27 13(a). Under 25 C.F.R. 4 57534, Respondent may submit written information 

about the violation to the Chairman within fifteen (1 5) days after service of this 

notice of violation (or such longer period as the Chairman may pnt for good cause). 

The Chairman shall consider any information submitted in determining the facts 

surrounding the violation and the amount of the civil fine, if any. 25 C.F.R 575.5(a). 

9. Assessment of hterest 

Interest may be assessed at rates set by the Secretary of the Treasury on amounts 

remaining unpaid after their due date. 3 1 U.S.C. 4 37 1 7 and 25 C.F.R. 

8 5 14. I (c)(lO). 

,' f-, I/,/ 1 r L 

L&, 1 fiLbbL +,c----- 

MICHAEL HOENIG 2 

Staff Attorney 
Certificate of Service 

T certify that this Notice of VioIation was sent by facsimile transmission and ccrti ficd 

U.S. mail, return receipt requested, on this day offli~1 ~Lto: 

La Posta Band of Mission Indians 

Attn; GtvendoIyrr Perada, Chairperson 

Agent for Service of Process 

8% Crestwood Road 

Boulevard, CA 9 1 905 

FAX: (619)478-2125 

Richard Estrada, Chairperson 

La Posta Gaming Commission 

8% Crestwood Road 

Suite B 

Boulevard, CA 9 1305 

FAX: (6 191-478-9439 

Dena Wynn d 

Legal Staff Assistant, NIGC