NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: Eastern Shawnee Tribe of Oklahoma 

Attn: Glenna Wallace, Chief 

(AGENT FOR SERVICE OF PROCESS) 

P.O. Box 350 

Seneca, MO 64865 

FAX: (918) 666-3325 

Eastern Shawnee Gaming Commission 

Attn: Brett Barnes, Chairman 

P.O. Box 350 

Seneca, MO 64865 

FAX: (918) 666-2186 

1. Notification of Violation 

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

notice that the Eastern Shawnee Tribe of Oklahoma (Respondent or Tribe), 

located in Seneca, Missouri, has violated NIGC regulations by failing to submit 

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

June 30, and September 30 of CaIendar Year 2008. 

2. Authority 

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 tribal gaming ordinance or resolution approved by the Chairman. 

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

3. Applicable Federal Laws 

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

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

class I11 gaming activity. 25 U.S.C. 8 27 17. 
B, NIGC regulations require that each gaming operation under thc 

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

established by the Commission. 25 C.F.R. 6 5 14. I (a). 

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

not exempt fiom paying fees pursuant to the self-reglalion provisions 

shall fiIe with the Commission a quarterly statement showing ils 

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

5 14.1 (c). 

D. 'Ihe quarterly statements are due March 3 1 , June 3 0, September 30, and 

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

jurisdiction ofthe NIGC. 25 C.F.R. 5 514.l(c)(2). The quarterly 

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

the due date. 25 C.F.R. 3 5 14.1(cj(4). 

E. NIGC regulations require each gaming operation 20 remit to the 

Commission the fees due each quarter with the quartcrl y statement. 25 

C.F.R. 8 5 14.l(c)(5). 

F. NIGC regulations define "gaming operation" as "cach 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 directIy; by a management contractor; or, under certain 

conditions, by another person or other entity. 25 C.F.R. 5 502. 10. 

4. Role of Quarterly Fees and Quarterly Statements 

The annual fees collected by the NIGC are necessary in order to hnd the agcncy'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 N IGC 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 Seneca, Missouri. 

B. The Tribe operated its gaming operation, Bordertown Bingo and Casino, 

during all of 2007 and 2008. 
C. The NlGC received untimely quarterly statements and fee payments for 

Bordertown Bingo and Casino as follows: 

For the quarter ending March 31, 2008 on October 2, 2008, 185 

days late 

For the quarter ending June 30,2008 on October 2,2008, 94 days 

I ate 

For the quarter ending September 30,2008 on October 2, 2008,2 days late 

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

violation of NTGC regulations. 

6. Measures Required to Correct the Violation 

While there is no remedia1 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 desircd, request for hearing to the National Indian Gaming 

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

Respondent has a sight to assistance of counsel in such an appeal. 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 supplemental statement that states w-ith 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 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 cxpected 

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 Ihe basis of writtcn submissions. 

8. Fine-Submission of Information 
The vioIation 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. $ 575.5(a), 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 grant for good cause). Thc Chairman 

shall consider any information submitted in determining the [acts sunounding the 

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

_- --__7 

Chairman 

Staff Attorney 
Certificate of Senjce 

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

U.S. mail, return receipt requested, on this 1 5th day of May, 2009 to: