NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATTON 

TO: Coeur dfAlene Tribe 

Attn: Chief J. Allan, Chairman 

(AGENT FOR SERVICE OF PROCESS) 

850 A Street, P.O. Box 408 

Plummer, Idaho 8385 1 

FAX: (208) 686-1 182 

Norma Jean Louie, Chairperson 

Coew d'Alene Tribal Gaming Board 

P.Q. Box 23 1 

Worley, Idaho 83876 

FAX: (208) 686-5406 

Brian P. McClatchey 

Attorney, Coeur d'Alene Casino 

P.O. Box 236 

Worlcy, Idaho 83876 

FAX: (208) 686-1503 

I. Notification of Violation 

The Chairman of the National Indian Gaming Commission (NIGC) hereby gives 

notice that the Coeur DtAlene (Respondent or Tribe), located in Plummer, Idaho, 

has violated NIGC regulations by failing to submit timely quarterly statements 

and fee payments for the first quarter of 2008. 

2. Authority 

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

Chairman of the MGC {Chairman) may issue a Notice of Violation (NOV) 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. 8 2713; 25 C.F.R. 5 573.3. 
3. Applicable Federal Laws 

A. IGRA requires the NTGC to establish a schedule of fkes to be paid to the 

. Commission muaIly by each gaming operation that conducts a class I1 or 

class III gaming activity. 25 U.S.C. $ 27 17. 

B. NIGC 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. 8 5 14.I(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 quarterly statement showing its 

assessable gross revenues for the previous calendar year. 25 C.F.R. 9 

514.1(c). 

5). The quarter] y statements are due March 3 1, June 30, September 30, and 

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

jurisdiction of the NIGC. 25 C.F.R. 8 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. Ej 5 14.1 (c)(4). 

. NTGC regulations require each gaming operation to remit to the 

Commission he fees due each quarter wit11 the quarterly statement. 25 

C.F.R. $ 5 14.1 (c)(5). 

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

conditions, by another person or other entity. 25 C.F.R. 5 502.1 0. 

4. Role of Quarterly Fees and Quarterly Statements 

The annual fees collected by the NlGC are necessary in order to fund the agency's 

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

statements submitted by Indian gaming operations. NIGC must set n 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 quarterly statements from 

the gaming operations in a timely 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 Plwnmer, Idaho. 

B. The Tribe operated its gaming operation, Coeur D'AIene Casino, during 

all of 2007 and 2008 through November 12,2008. 

C. The NIGC received an untimely quarterly statement and fee payment for 

the quarter ending March 3 I, 2008 on May 14,2008,44 days late. 

D. Failure to timely submit quacterIy fee payments and statements is a 

violation of NIGC regulations. 

6. Measuses 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 shouId be put in place. 

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

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

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

Commission, 144 1 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 (10) days after filing a notice of appeal, Respondent must file with the 

Commission st 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 prcsent oral testimony 

or witnesses at the hearing, 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 instead elect to have the matter determined 

by the Commission solely on the basis ofwritten submissions. 
8. Fine-Submission of Information 

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

Respondent in an amount not to exceed $25.000 per violation per day. Under 25 

C.F.R. rj 575.5(a), Respondent may submit written information about the violation 

to the Chairman within fifteen (15) days after service of this notice of violation 

(or such longer period as the Chairman may grant for good cause). The Chainnm 

shall consider any information submitted in determining the facts surrounding the 

violation and the mount of the civil fine. if any. 

Datcd this pf-December 2008 

-- /I 

Chairman 

Staff Attorney 
Certificate of Service 

I certify that this Notice of Violation was sent by facsimile transmission and certified 

U.S. mail, return receipt requested, on this 10~ day of December, 2008 to: