NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: Alturas Rancheria 

Am: Philip Del Rosa, Chairperson 

900 Running Bear Road 

Yreka, CA 96097 

FAX: (530) 842-5202 

Wendy DeI Rosa 

Altt~ras Rancheria Gaming Commission 

P.O. Box 17 

Almms, CA 96 1 01 

FAX: (530) 233-2401 

Creig Marcus 

Alturas Rancheria Tribal Administrator 

P.O. Box 340 

Alturas, CA 96101 

FAX: (530) 233-2401 

RradIey Bledsoe Downes, Esq. 

4805 E. Thistle Landing Drive, Suite 1 10 

Phoenix, AZ 85044 

FAX: (480) 346-42 I 7 

I. Notification of Violation 

The Chairman orthe National Indian Gaming Commission (NIGC) hereby gives 

notice that the Altt~ras Ranchcria (Respondent or Tribe), located in Alturas, CA. 

has violated NIGC regulations by failing to submit timely quarterIy statements 

and fee payments for the quarter ending March 3 1,2008. 

Undcr the Indian Gaming Regulatory Act (IGRA) and NIGC regulations, the 

Chairman of thc NIGC (Chaiman) may issuc a Notice of Violation @OV) to any 

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

provision of a tribal gaming ordinance or resolution approved by the Chaim-lan. 

25 U.S.G. 5 2713; 25 C.F.R. $ 573.3. 
3. Applicable Federal Laws and Ttibal Ordinance Provisions 

A. TGRA requires the NIGC to establish a schedrrle of fees to be paid to the 

Commission annually hy each gaming operation that candricts a class II or 

class 111 gaming activity. 25 U.S.C. 3 27 17. 

B. NIGC regulations require that each gaming operation under the 

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

established by the Commission. 25 C.F.R. 5 5 14.1Ca). 

C. Each gaming operation subject to the jurisdiction of the Commission and 

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

shall file with the Commission a quarterly statcrnent showing its 

assessable gross revenues for the previous calendar year. 25 C.F.R. 5 

5 1 4. I (c). 

D. The quarterly statements arc due March 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. fi 5 14.1 (c)(2). The quarterly 

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

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

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

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

C.F.R. 5 I4.I(c)(5). 

F. NPGC 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 tribe directly; by a management contractor; or, under certain 

conditions, by another person or other entity. 25 C.F.R. $502. I 0. 

4. Role of Quarterlv Fees and Quarterly Statements 

The annual fees coIlected by the NTGC are necessary in order to fund the agency's 

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

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

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

Congress. Thus, it is imperative that the NIGC receive quarter1 y statements from 

the gaming operations in a timcly manner so that the NIGC 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 AIturas, CA. 

B. The Tribe operated its gaming operation, Desert Rose Casino, during all of 

2007 and 2008 through December 3 1.2008. 

C. The NIGC received an untimely quarterly statements and fee payments as 

follows: 

For the quarter ending March 3 1,2008 on April 28,2008,28 days 

late. 

D. This untimely submission is a violation of NIGC regulations. 

G. Measures Required to Correct the Violation 

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 he put in pIace. 

7, Appeal 

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

appeal to thc fill1 Commission under 25 C.F.R. Part 577 by s~~brnitting a notice of 

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

Commission. 1441 L Street NW, Ninth Floor, Washington, DC 20005. 

Respondent has a right to assistance of counsel in such an appeal. A notice of 

appeal must reference this Notice of Violation. 

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

Commission a supplemental statement that states with particularity the relief 

desired and the grounds therefore and that includes, when available, supporting 

evidence in the form of affidavits. If Respondent wishes to present oral tcstimony 

or witnesses at the heating, Respondent must include a request to do so with the 

supplemental statement. 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. Respondent may 

waives its right to an oral hearing and instcad elect to have the matter determined 

by the Commission solely on the basis of written submissions. 

8. Fine-Submission of Information 

The vEoIation cited above may result in the assessment of a civiI fine against 

Respondent in an amount not to exceed 525,0130 per vioIation per day. Under 25 

C.F.R. 6 575.5(a$. Rcspondent may submit writtcn 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 grant for good cause). The Chairman 

shall consider any information submitted in determining the facts surrounding the 

violation and thc amount of the civil fine, if any. 

Attorney