NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: Chicken Ranch Rancheria 

Attn: LIoyd Mathieson, Chairman 

(AGENT FOR SERVICE OF PROCESS) 

1 6955 Nelson Road 

PO Box 1159 

Jarnestown, CA95327 

FAX: (209) 984-5606 

Chicken Ranch Gaming Commission 

Attn: Robert Posten, Chairman 

PO Box 1279 

Jarnestown, CA 95327 

FAX: (209) 984-4023 

1. Notification of Violation 

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

notice that the Chicken Ranch Rancheria (Respondent or Tribe), located in 

Jamestown, California, has vioIated NIGC regulations failing to submit timely 

quarterly statements and fee payments for the quarters ending March 3 1, June 3 0, 

and December 3 1 of calendar year 2008. 

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

Chairman of the NIGC (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 tribaI gaming ordinance or resolution approved by the Chairman. 

25 U.S.C. $2713; 25 C.F.R. 5 573.3. 

3. Applicable Federal Laws 

A. ERA requires the NIGC to establish a schedule of fees to be paid to the 

Commission annually by each gaming operation that conducts a class 11 or 

class ILI gaming activity. 25 U. S.C. $27 1 7. 
B. NIGC regulations require that each gaming operation under the 

j~risdiction of the Commission shaII pay to the Commission annual fees as 

established by the Commission. 25 C.F.R. 9 5 14.1 (a). 

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

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

shaH file with the Commission a quarterly statement showing its 

assessable gross revenues for the previous calendar year, 25 C.F.R. 4 

514.1(c). 

D. The quarterly 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. $ 5 14.1 (c)(2). The quarterly 

statements shaIl be transmitted to the Comissian and arrive no later than 

the due date. 25 C.F.R. 9 5 14. I (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 14.1 (c)(5). 

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

statement. 25 C.F.R. 9 5 14.1 (~119). 

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

conditions, by mother person or other entity. 25 C.F.R. 4 502.1 0. 

4. Role of Quarterly Fees and Quarterly Statements 

The annual fees collected by the NIGC are necessary in order 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 annual budget, yet may not exceed the fee cap set by 

Congress. Thus, it is imperative that the NPGC receive quarterIy statements from 

the gaming operations in a timely manner so that the NIGC is abIe to set accurate 

preIiminary and final fee rates. 

5. Circumstances of the Violation 

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

in Jamestown, California. 
B. The Tribe operated its gaming operation, Chicken Ranch Bingo and 

Casino, during all or part of 2007 and 2008. 

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

for Chicken Ranch Bingo and Casino as follows: 

For the quarter ending March 3 1,21008, on ApriI 24,2008,24 days late; 

For the quarter ending June 30,2008, on July 1 8,200R, Z 8 days late; 

For the quarter ending December 3 1,2008, on January 23,2009,2 1 days 

late. 

D. The Tribe violated NIGC regulations by submitting untirneIy quarterly 

statement and fee payments. 

While there is no remedid action that can correct the untirneIy 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 fuIl 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, 1441 L Street NW, Ninth Floor, Washington, DC 20005. 

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

appeal must reference this Notice of Violation. 

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

Commission a supplernenta1 statement that states with particuIarity the relief 

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

evidence in the form of affidavits. If Respondent wishes to present 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 soleIy on the basis of written submissions. 

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. Under 25 
C .F.R. $ 5 75 -5 (a), Respondent may submit written infomation about the violation 

to the Chaiman within fifteen (1 5) days afie~ 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 the amount of the civil fine, if any. 

9, Assessment of Interest 

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. 5 37 1 7 and 25 C.F.R. $ 

514 -2 (c)(lO). 

Staff Attorney 
Certificate of Service 

I centify that this Notice of Violation INOV-09-15) was sent to the following by facsimile 

transmission and Certified U.S. mail, Rcturn Receipt Requested this /5 t day of April, 2009. 

Chicken Ranch Rancheria 

Am: Llyod Mathieson, Chairman 

Agent for Service of Process 

16955 Nelson Road 

P.O. Box 1 159 

Jamestown, CaIifomia 95327 

Fax: 209-384-5606 

Chicken Ranch Rancheria 

Attn: Robcr Posten, Chairman 

P.O. Box 1229 

Jamestown, California 95327 

Fax: 209-984-4023 

r 

i 

Frances @@oa 

Office of the Gen 

National Indian Gaming Commission 

1441 L Stteet,NW - Suite 9100 

Washington, D.C 20005 

202-632-7003