National Indian Gaming Commission 

q'w 

NOTICE OF VIOLATION 

To: Wanda Balderama, Chaqerson (Agent for Service of Process) 

Hopland Band of Pomo Indians 

P.O. Box 610 

Hopland, CA 95449 

FAX: (707) 744-1 647 

Dan Cado 

Gaming Commissioner 

Hopland Band of Pomo Indians 

P.O. Box 870 

Hopland, CA 95449 

FAX: (707) 744-8754 

Lester Marston + ww' Law Offices of Rapport and Marston 

P.O. Box 488 

Ukiah, CA 95482 

FAX: (707) 462-4235 

1. Notification of Violation 

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

the Hopland Band of Pomo Indians (Respondent or Tribe), located in Hopland, California, 

is in violation of NIGC regulations for fadure to submit timely quarterly fee statements and 

fee payments. 

. . ;.'ncler regul:!tions of the National Indian Gaming C:oin;lll . r~rl, the Chairinan of the NIGC 

(Chairman) may issue a Notice of Violation (N0V) to any i~rson for violation of any 

provision of the Indian Gaming Regulatory Act (IGRA), ?'\TrCC regulations, or any provision 

of a tribal gaming ordmance or resolution approved by the Chairman. 25 C.F.R. 573.3. 
3. Aowlicable Federal and Tribal Laws 

A. 25 U.S.C. 5 2717(a) - IGRA mandates that the Commission shall establish a 

schedule of annual fees to be paid to the Commission annually by each Indlan 

gaming operation that conducts class I1 or class 111 gaming, and that such fees 

shall be payable to the Commission on a quarterly basis. Failure to pay the 

scheduled fees may be grounds for revocation of the approval of the Chairman 

of any license, ordinance, or resolution required for the operation of gaming. 

B. 25 C.F.R. $$ 514.1 (c) and 514.1 (c)(2)-(4) - NIGC regulations require that each 

gaming operation on Indian lands compute quarterly statements determining the 

amount of fees owed to the Commission. The quarterly statements are due on 

March 31, June 30, September 30, and December 31 of each calendar year the 

gaming operation is subject to the jurisdlction of the NIGC. The quarterly 

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

date. 

C. 25 C.F.R. 5 514.1(~)(5) requires each gaming operation to remit to the 

Commission the fees due each quarter with the quarterly statement. 

4. Role of Quarterly Fees and Quarterlv Statements 

The annual fees collected by the NIGC in order to fund the agency's work are based upon 

the quarterly worksheets 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 worksheets 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 

Hopland, California. 

B. Respondent operated its gaming facility, Hopland Sho-ka-wah Casino, during 

all or part of the following year: 2003 & 2004. 

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

quarter ending December 31,2004. The quarterly statement and fee payment 

were received by the NIGC on Januat;~ 19, 3005. 

I 1 I'~i~>ual~t to NIGC rtgxlatlons, the firla1 qu:!~tclly statcnirnc ?id fee payment 

for 2004 weere due on Deccnlber 31,2004. 25 C P.K. 5 511.1(c)(2). Quarterly 

statements and fee payments must arrive at the NICC 011 or before the 

quarter endlng date 25 C F.R. 5 514.1(~)(4). Responclent 15 therefore m 

violauon of these regulauons for farlure to subrmt a tunely quarterly 

statement and fee payment. 
'~1111~ 6. Measures Required to Correct these Violations 

There is no way to rectify the late submission of the December 31,2004 quarterly statement 

and fee payment. The regulations require that the quarterly statement and fee payment be 

transmitted to the Commission. to arrive no later than the due date. 

7. Appeal 

Wih 30 (thirty) 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 Indlan 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 appeal must reference this Notice of Violation. 

Withm ten (10) days after hg 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 

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 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. Fine--Submission of Information 

The violation cited above may result in the assessment of a civil he 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 withm 15 

of violation (or such longer period as the Chairman of the 

cause). The Chairman shall consider any information 

surroundmg the violation and the amount of the civil 

1)I i1Lli' N. FlO(;l<h 

( ,harman 

National Indlan Gamlny Cr,wmtssion 
ANDREA LORD 

Staff Attorney