ON LQwxJXR OF my (-7 ,OST JRE 

To: Greg Pyle, Chief 

Choctaw Nation of Oklahoma 

P.O. Drawer 1210 

16th and Locust Street 

Durant, Oklahoma 7470 1 

Ref NOVCO 4-99 

JUL 8 

1. The Chairman of the National Indian Gaming Commission VGC) hereby gives notice that 

the Choctaw Nation of Oklahoma (hereafter referred to as "Respondent"), located in Durant, 

Oklahoma is in violation of the Indian Gaming Regulatory Act (IGRA) and NIGC regulations.' 

2. The circumstances of the violation are: 

'w Respondent is a federally recognized Indian Tribe with tribal headquarters in Durant, 

Oklahoma. Respondent engages in gaming operations on tribal lands located in Durant, 

Arrowhead, Idabel and Pocoia, Oklahoma. Respondent does not have a compact with the State 

of Oklahoma which would allow Respondent to operate Class III gambling devices. During a 

visit to the Tribe's gaming operations on or about October 20, 1998, representatives of the 

National Indian Gaming Commission observed Class III machines being offered for play. 

Following issuance of a warning letter, NGC representatives revisited the Tribe's gaming 

operations on February 23, 1999, and observed Class III video machine games beingoffered for 

play. These machines featured stop buttons operated by the customer and were offered in a 

variety of formats, including Reels & Deals, OSS/Cyberdyne, Winner's Touch and Choctaw Skill 

Stop. 

Pursuant to discussions between the Chairman and Respondent in contemplation of this Notice 

and Order, as of this date the following Class III rnache games are being offered for play: 

Reels & Deals 

OSS/Cyberdyne 

Winner's Touch 

Choctaw SMI Stop 

'MGC replations are set forth in Chapter El, Title 25, Parts 500-599 of the Code of 

Federal Replations. All sections of hiGC replations cited in thls Notice refer to the pertinent 

b parts of Title 2.5. NGC regulations implement provisions of the Indian Gaming Reglatory Act 

(IGRA), 35 U. S.C. 270 1 et seq., signed into law on October 17, 1988. 
3. Respondent is in violation of MGC regulations as follows: 

0" Under Section 502.4 of the MGC's regulations, Class lIl gaming means all forms of gaming 

that are not Class I gaming or Class II gaming specrfically including (but not hted to) any slot 

machines as defined in 15 U. S.C. 1 171(a)(l) and electronic or electromechanical facsimiles of 

any game of chance. Under XIGC regulations an electronic or electromechanical facsimile means 

any gambling device as defined in 15 U S.C. 5 1171(a)(2) or (3). k Section 502.8. 

The machines listed above are gambling devices as defined under 15 U.S.C. Section 1 171 (a) 

and therefore fall within the definition of Class III gaming. Because Respondent does not have a 

compact with the State of Oklahoma which authorizes the playing of Class III gambling devices at 

Respondent's gaming facility, Respondent is operating such games in the absence of a tribal-state 

compact in violation of 25 U.S.C. 27IO(d) and 25 C.F.R 3 573.6(a)11. 

4. To correct the violations, Respondent shall comply with the following closure order 

Closure Order 

Under the authority of 25 U.S.C. $2701 et scq. and 25 C.F.R §573.6(a) and (b), the 

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

Choctaw Nation of OMahoma is ordered to cease and desist the operation of ail the abovelisted gaming machines in its gaming facilities. This order shall be effective within twentyqw four hours of receipt of this Notice of Violation and Closure Order. 

5. The Chairman of the Commission may rescind the Closure Order for good cause shown. 

6. -view. Under 25 C.F.R §573.6(c), within seven (7) days after service of this 

Order, Respondent may request, orally or in writing, informal expedited review by the Chairman. 

The Chairman must complete such review within two (2) days after receipt of a timely request. 

Within two (2) days after the expedited review provided by 25 C.F.R. §573.6(c), the Chairman 

must decide whether to continue the Order and must provide Respondent with an explanation of 

the basis for the decision. 

7. w. Whether or not a Respondent seeks the informal expedited review described in 

paragraph 6 above, within 30 (thrty) days after service of this Notice of Violation and Order of 

Temporary Closure, Respondent may appeal to the firll Commission under 25 C.F.R. Part 577 by 

submitting a notice of appeal and, ifdesired, request for hearing to the National Indian Gaming 

Commission, 1441 L Street, NW, Ninth Floor, Washington, DC 20005. Respondent has a ri@t to 

assistance of counsel in such an appeal. A notice of appeal must reference this Notice of 

Violation and Order. 

Within ten (10) days after filing 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 inciudes, when available, supporting evidence in the form of affidavits. 

'~ccl 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 spec+ the names of proposed witnesses and the general nature of their 

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

. . 8. -- Sub- . The violations cited above may additionally result in the 

assessment of civll fines 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 15 days after service of this notice of violation (or such longer period as 

the Chairman of the Commission may grant for good cause). If Respondent chooses to appeal, 

pursuant to the tenns of the Procedural Stipulation of May 20, 1999, to which both the Chairman 

and Respondent are parties, ~es~oodmtay submit such written information as provided in 

paragraph 12b. of said Procedural Stipulation. The Chairman shall consider any information 

submitted in determining the facts surrounding the violation and the amount of the civil fine, if 

any. 

L 

Dated this 8%ay of a\? J 1999. 

Montie R Deer 

Chairman 

National Indian Gaming Commission