NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: Redding Rancheria 

Attn: Barbara Murphy, Tribal Chair 

Agent for Service of Process 

2000 Redding Rancheria Road 

Redding, CA 96001 

FAX: (530) 241-1 879 

James Benner Sr., Chairman 

Redding Rancheria Gaming Commission 

2000 Redding Rancheria Road 

Redding, CA 96001 

FAX: (530) 243-3506 

I. Notification of Violation 

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

notice that the Redding Ranchcria (Respondent or Tribe), located in Redding, 

California, has vioIated NIGC regulations by failing to submit timely quarterly 

statements and fee payments. 

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 far violation of any provision of the IGRA, NlGC regulations, or any 

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

25 U.S.C. 9 2713(a); 25 C.F.R. 9 573.3. 

3. Applicable Federal Laws and Tribal 0rdinance Provisions 

A. JGRA requires the NIGC to estabIish a schedule of fees to be paid to the 

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

class 111 gaming activity. 25 U.S.C. $2717. 

B. NGC rcyrllations 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. $514.1(a). 
C, Each gaming operation subject to the jurisdiction of the Commission and 

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

shaII file with thc Commission a quarterly statement showing its 

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

5 14.1 (c). 

D. The quarterly statements are due March 31, 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 5 14.1 (c)(2). The quarterly 

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

thc due date. 75 C.F.R. 9 5 14.1 (c)(4). 

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

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

C.F.R. 6 5 14.1 (c)(5). 

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

statement. 25 U.S.C. $27 131a); 25 C.F.R. tj 5 14. E (cS(9)- 

G. NlGC 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 managmncnt contractor; or, under certain 

conditions. hy another person or other entity. 25 C.F.R. 8 502.10. 

4. RoIe of Ouasterlv Fees and Quarterly Statements 

The annual fees collected by the NIGC ai-e necessary in order to fund the agency's 

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

statements submitted by Indian gaming operations. NGC 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 quarterly statements from 

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

preliminary and final fee rates. 

5. Circurnstanccs of the Violation 

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

in Redding, California. 

B. The Tribe operated its gaming operation, Win River Casino, during all or 

part of 2007 and 2008. 

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

the quarter ending June 30, 2008 as follows: 
o The second quarter statement and fees were 35 days Iate. They were 

due June 30,2008. and received by the NIGC on August 4,2008. 

D. Tf~e late submission of quarterly statements and fee payments is a 

violation of NIGC regulations. 25 C.F.R. 9 5 14. I (c). 

6. 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 be put in place. 

7. Appeal 

Within thirty (30) days after senrice of this Notice of VioIation, 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 to 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. 6 577.3(b). 

Within ten (10) days after fiIing 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. 25 C.F.R. 5 5773~). lf Respondent wishes to 

present oral 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 matter determined by the Commission solely on the basis of written 

submissions. Id. 

8. Fine-Submission a f Information 

The violation citcd 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. 

5 27 13Ca). Under 25 C.F.R. $ 575.5(a), Respondent may submit written 

information about the violation to the Chairman within fifteen (1 5) days after 

service of this noticc 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 vioIation and the mount of the civiI fine, if 

any. 25 C.F.R. S75.5(a). 
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. 31 U.S.C. (j 3717 and 25 C.F.R. 

b $5 14.1 (c)ry) 

Dated thi ,d&arc h, 

/ 

, / fl 1. r 

J . uW*L fiu< EGMICHAEL HOENIG (2 

Staff Attorney 
Certificate of Service 

1 certify that this Notice of Violation was senLby facsimile transmission and certified 

U.S. mail, return reccipt requested, on this 2 day of dm to: 

Redding Ranchcria 

Attn: Barbara Murphy, Tribal Chair 

Agent for Service of Process 

2000 Redding Rancheria Road 

Redding, CA 96001 

FAX: (530) 241 -1 879 

James Benner Sr., Chairman 

Redding Rancheria Gaming Commission 

2000 Rcddir~g Rancheria Road 

Redding, CA 96001 

FAX: (530) 243-3506 

Legal Staff Assistant, NIGC