NATIONAL INDIAN GAMING COMMISSION 

- 

NOTICE OF VIOLATION 

TO: Ms. Fawn Sharp 

Chairperson 

QuinauIt Indian Nation Business Committee 

P.O. Box 289 

1224 Adis Drive 

Taholah, WA 98587 

Secretary 

(AGENT FOR SERVICE OF PROCESS) , 

QuinauIt Indian Nation Business Committee 

P.O. Box 189 

1x4 AaIis Drive 

Taholah, WA 98587 

Ms. Alice Figg 

Chairperson 

QuinauIt Tribal Gaming Commission 

P.O. Box 1119 

78 State Route 115 

Ocean Shores, WA 98569 

1. Notification of Violation 

The Chairman of the NationaI Indian Gaming Commission (NIGC) hereby 

gives notice that the QuhuIt Indian Nation (Respondent or Tribe), 

located in TahoIah, Washington, has violated NIGC regulations by 

subfitting untimely the quarterly statement and fee payment for the first 

quarter 2009. 
2. Authority 

Under the Indian Gaming ReguIatory 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. 5 2713; 25 C.F.R. 5 573.3. 

3. Applicable Federal Laws 

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

the Commission annuaIly by each gaming operation that conducts 

a class I1 or class III gaming activity. 25 U.S.C. 5 2717. 

B. NJGC regulations require that each gaming operation under the 

jurisdiction of the Commission shdl pay to the Commission annud 

fees as established by the Commission. 25 C.F.R. 5 514.1(a). 

C. Each gaming operation subject to the jurisdiction of the 

Commission and not exempt from paying fees pursuant to the selfregulation provisions shd fiIe with the Commission a quarterly 

statement showing its assessabIe gross revenues for the previous 

calendar year. 25 C.F.R. 5 514.l(c). 

D. The quarterly statements are due March 31, June 30, September 30, 

and December 31 of each calendar year the gaming operation is 

subject to the jurisdiction of the NIGC. 25 C.F.R. 5 514.1(~)(2). The 

quarterly statements shall be transmitted to the Commission and 

arrive no later than the due date. 25 C.F.R. 5 514.1 (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. 5 514.1(~)(5). 

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

statement. 25 C.F.R. 5 514.1 (c)(9). 
G. NIGC reguIations 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 ether 

entity. 25 C.F.R. 5 502.10. 

4. RoIe of QuarterIy Fees and QuarterIv Statements 

The annual fees collected by the NIGC are necessary in order to fund the 

agency's oversight and reguIation of Indian gaming and are based upon 

the quarterIy 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 NIGC receive 

quarterly statements from the gaming operations in a timeIy 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 Taholah, Washington. 

B. The Tribe operated its gaming operation, Quinault Beach Resort & 

Casino, located in Ocean Shores, Washington, during a11 or part of 

2008 through the first quarter 2009. 

C. The NIGC received untimely the quarterly statements and fee 

payment for the QuinauIt Beach Resort & Casino for the first 

quarter of caIendar year 2009 on May 7,2009; 37 days after its due 

date of March 31,2009. 

D. By failing to submit timely quarterly statements and fees, the Tribe 

has vioIated NIGC regulations. 

WhiIe there is no remedial action that can correct the untimely submission 

of quarterly statements and fees, improved controls to ensure timely 

submission of fuhrre quarterly statements and fee payment should be put 

in pIace. 
Within thirty (30) days after service of this Notice of VioIation, 

Respondent may apped to the full Commission under 25 C.F.R. Part 577 

by submitting a notice of apped, 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 appeaI must reference this Notice of Violation. 

Within ten (10) days after fiIing a notice of appeal, Respondent must file 

with the Commission a supplemental statement that states with 

particuIarity 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 nafxre of their 

expected testimony, whether a closed hearing is requested and why. 

Respondent may waives its right to an oral hearing and instead eIect to 

have the matter determined by the Commission solely en 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. 5 575.5(a), Respondent may submit written 

information about the violation to the Chairman within fifteen (15) days 

after service of this notice of vioIation (or such Ionger period as the 

Chairman may grant for good cause). fie Chairman shall consider any 

information submitted in determining the facts surrounding the violation 

and the amount of the civiI 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. 32 U.S.C. 5 3717 and 25 

C.F.R. 5 514 .I (c](lO). 
Dated this 26th of June, 2009 

Chairman 
CERTIFICATE OF SERVICE 

I certify that the foregoing Notice of Violation, In the Matter Of: Qriinault Indian 

Nation NOV-09-34 has been sent by registered UPS. MaiI this 26th day of June, 

2009, to: 

Ms. Fawn Sharp 

Chairperson 

Quinault Indian Nation Business Committee 

P.O. Box 189 

1214 Aalis Drivc 

TahoIah, WA 98587 

Secretary 

Quinauit Indian Nation Business Committee 

P.O. Box 189 

1224 Aalis Drive 

TahoIah, WA 98587 

Ms. Alice Figg 

Chairperson 

Quinault Tribal Gaming Commission 

P.O. Box 1119 

78 State Route 115 

Ocean Shores, WA 98569 

Office of the General Counsel 

1441 L Street, NW - Suite 9 100 

Washington, D.C. 20005