NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: Wyandotte Nation 

Attn: Leaford Bearskin, Chief 

(AGENT FOR SERVICE OF PROCESS) 

64700 East Hwy. GO 

Wyandotte, OK74370 

FAX: (918) 678-2944 

Wyandotte Nation Gaming Commission 

Jeff Hitchcock, Gaming Commissioner 

100 Jackpot Place 

Wyandotte, OK 74370 

FAX: (918) 678-2840 

1. Notification of Violation 

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

notice that the Wyandotte Nation (Respondent or Tribe), located in Wyandotte, 

Oklahoma, has violated NIGC regulations by failing to submit a timely quarterly 

statement and fee payment for the quarter ending March 3 1 of Calendar Year 

2008. 

2. Authority 

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

Chairman of the NIGC (Chairman) may issue a Notice of Violation (NOV) to any 

person for violation of any provision of the IGRA, NlGC regulations, or any 

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

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

3. Applicable Federal Laws 

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

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

cIass IIT gaming activity. 25 U.S.C. 9 27 17. 
B. NIGC regulations 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 3 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 

shall file with the Commission a quarterly statement showing its 

assessable gross revenues for the previous calendar year. 25 C.F.R. 8 

5 14.1(c). 

D . The quarterly statements are due March 3 1, June 3 0, September 3 0, and 

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

jurisdiction of the NIGC. 25 C.F.R. $ 5 14.1 (c)(2). The quarterly 

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

the due date. 25 C.F.R. 9 5 14.1 (c)(4). 

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

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

C.F.R. $ 514.1(~)(5). 

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

statement. 25 C.F.R. $ 5 14.1 (c)(9). 

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 gstrning 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. 8 502.1 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 NIGC 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 Tndian Tribe with tribal headquarters 

in Wyandotte, OkIahoma. 

B. The Tribe operated its gaming operation, Wyandotte Nation Casino, 

during all or part of Calendar Year 2007 and 2008. 
C. The NIGC received an untimely quarterly statement for the Wyandotte 

Nation Casino for the quarter ending March 3 1,2008, on October 3 1, 

2008,214 days late. 

D. The NIGC received an untimely quarterly fee payment for the Wyandotte 

Nation Casino for the quarter ending March 3 1,2008 on June 30,2008,9 1 

days late. 

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

violation of NIGC regulations. 

6. Measures Required to Correct the Violation 

While there is no remedial action that can correct the untimely submission of 

quarterIy statements and fees, improved controls to ensure timely submission of 

future quarterly statements and fees should be put in pIace. 

7. Appeal 

Within thirty (3 0) 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 desired, request for hearing to the National Indian Gaming 

Commission, 144 1 L Street NW, Ninth Floor, Washington, DC 20005. 

Respondent has a right 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 with particularity the relief 

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

evidence in the form of afEdavits. If Respondent wishes to present oral testimony 

or witnesses at the hearing, Respondent must include a request to do sa 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 ord hearing and instead elect to have the matter determined 

by the Commission solely 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. 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). The Chairman 
shall consider any information submitted in determining the facts surrounding the 

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

Staff Attorney 
Certificate of Service 

I certify that this Notice of Violation was sent to the following by facsimile transmission 

and certified U.S. mail, return receipt requested this & day of February, 2009 to: 

Wyandotte Nation 

Attn: Leaford Bearskin, Chief 

(AGENT FOR SERVICE OF PROCESS) 

64700 East Hwy. 60 

Wyandotte, OK74370 

FAX: (9 1 8) 678-2944 

Wyandotte Nation Gaming Commission 

Jeff Hitchcock, Gaming Commissioner 

100 Jackpot Place 

Wyandotte, OK 74370 

FAX: (9 1 8) 678-2840 

Tim Osumi 

Office of the General Counsel 

National Indian Gaming Commission 

1441 L Street, NW - Suite 9 100 

Washington, D.C. 20005