NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VFOLATION 

TO: Delaware Nation of Western Oklahoma 

Attn: Kcny Hol ten, President 

(AGENT FOR SERVICE OF PROCESS) 

P.O. Box 825 

Anadarko, OK 73005 

FAX: (405) 247-9393 

Dclaware Nation Gaming Commission 

Attn: Jackson McLane, Chairman 

P.O. Box 806 

Anadarko, OK 73005 

FAX: (405) 247-9 155 

1. Notification of Violation 

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

that the Delaware Nation of Western Oklahoma (Respondent or Tribe), located in 

Anadarko. Oklahoma, has vioIated NGC regulations failing to submit tirncly quarterly 

statements and fee payments for the quarter ending Junc 30 of Calendar Year 2008. 

Under the Indian Gaming Regulatory ACZ (TGRA) and NGC 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. 6 2713; 25 C.F.R. 

g 573.3. 

3. Applicable Federal Laws 

A. IGM requires the NIGC to establish a schedule of rees to be paid to the 

Commission annually by cach gaming operation that conducts a class TI or class 

III gaming activity. 25 U.S.C. 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. 5 5 14. E (a). 

C. Each gaming operation subject to the jurisdiction of the Commission and not 

exempt from paying fees pursuant to the self-regulation provisions shalI file with 

the Commission a quarterly statement showing its assessable gross revenues for 

the previous caIendar year. 25 C.F.R. 9 5 14, l (c). 

D. The quarterly statements are duc March 3 1, June 30, September 30, and 

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

jurisdiction of the NIGC. 35 C.F.R. 8 5 14. I (c j(2). The quarterly statements shall 

be transmitted to the Commission and arrive no later than the due date. 25 C.F.R. 

# SI4.l(c)(4). 

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

fees due each quarter with the quarter1 y statement. 25 C.F.R. 9 5 14.1 (cS(5). 

F. NTGC 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 management contractor; or, under certain conditions. by another person or 

other entity. 25 C.F.R. 8 502.10. 

4. Role of Quarterly Fees and QuarterIy Statements 

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

oversight and rcplation of Indian gaming and arc based upon the quarterly statements 

submitted by Indian gaming operations. NIGC must set a fee rate suficient 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 finaI fee rates. 

5. Circumstances of the Violation 

A. Respondent is a federally recognized Indian Tribe with tribal headquarters in 

Anadarko. Oklahoma. 

B. The Tribe operated its gaming operation, Gold River Casino. during all of 2007 

and 2008 through December 3 1,2008. 

C. The NIGC received an untimcIy quarterly statement and fee payment for the 

quarter ending June 30 on August 28,2008.59 days late. 

D. Failure to submit timeIy quarterly statements and fee payments is a violation of 

NIGC regulations. 
6. Measures Required to Correct the VioIation 

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 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, ii 

desired, request for hearing to the Nationat Indian Gaming Commission, 1441 L Street 

NW, Ninth Floor. Washington, DC 20005. Respondent has a right to assistance of 

counseI in such an appeal. A notice of appeaI must reference this Notice of Violation. 

Within ten (1 0) days after filing a notice of appeal. Respondent must fiIe with the 

Commission a supplemental statement that states with pwticuIarity the rcIicf desired and 

the grounds Il~erefare and that includes, when availabIe. 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 expected testimony, whether a closed hearing is requested md 

why. Respondent may waives its right to m oral 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 civiI 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 ofthis notice of violation (or such longer period as the 

ant for good cause). The Chairman shall consider any information 

g the facts surrounding the violation and the amount of the civil 

Staff IZttorney 
Certificate of Sewice 

I certify the this Notice of Violation was sent to the following by facsimile wansrnission and 

certi ficd U .S, mail, return receipt requested this 28th day of January, 2009. 

Delaware Nation of Western Oklahoma 

Attn: Kerry Holton, President 

(Agent for Service of Process) 

P.O. Box 825 

Anadarko, Oklahoma 73005 

Fax: 405-247-9393 

Delaware Nation Gaming Commission 

Attn: Jackson McLane, Chairman 

P.O. Box 8-06 

Anadarko, Oklahoma 73005 

Fax: 405-247-9155 

Frances ma I// 

Office of the Genera1 Counsel 

National Lndian Gaming Commission 

1442 L Street, NUr - Suite 9100 

Washington, D.C 20005