NOTICE OF VIOLATION AND ORDER OF TEMPORARY CLOSURE 

Ref: NOV-00- 1 

CO-00-1 

To: James Lee Edwards, Governor 

Absentee Shawnee Tribe of Oklahoma 

2025 S. Gordon Cooper Dr. 

Shawnee, OK 74801 

Fax: (405) 275-5637 

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

the Absentee Shawnee Tribe of Oklahoma (hereafter referred to as "Respondent"), located in 

Shawnee, Oklahoma, is in violation of the Indian Gaming Regulatory Act (IGRA) and NIGC 

regulations.' 

2. The circumstances of .the violation are: 

Respondent ii a federally recognized Indian Tribe with tribal headquarters in Shawnee, 

Oklahoma. Respondent engages in gaming operations on tribal lands in Oklahoma, and does not 

have a compact with the State of Oklahoma which would allow Respondent to operate Class 111 

gambling devices. 

During a visit to the Tribe's gaming operations on or about September 15,1999, 

representatives of the National Indian Gaming Commission observed the following Class III C. ; 

machines being offered for play: 

"Star/Super Sevens" ("Super Stars,"" Fruit Fiesta" and "Hearts and 7's") machines; 

"Spin to Win" machines; and, 

"Skill Challenge" machines. 

'NIGC regulations are set forth in Chapter III, Title 25, Parts 500-599 of the Code of 

Federal Regulations. All sections of NIGC regulations cited in this Notice refer to the pertinent 

parts of Title 25. NIGC regulations implement provisions of the Indian Gaming Regulatory Act 

(IGRA), 25 U.S.C. 2701 et seq., signed into law on October 17,1988. 
During a visit to the Tribe's gaming operation on October 19, 1999, representatives of the - , 

NationaLIndian Gaming Commission observed the following Class III machines being offered 

for play: 

"Star/Super Sevens" machines; and 

"Skill Challenge" machines. 

During a visit to the Tribe's gaming operation on November 22, 1999, representatives of 

the National Indian Gaming Commission observed the following Class 111 machines being 

offered for play, in addition to those described above: 

"Midnight 7" video pull-tab machines 

3. Respondent is in violation of NIGC regulations as follows: 

Under Section 502.4 of the NIGC's regulations, Class 111 gaming means all forms of gaming 

that are not Class I gaming or Class I1 gaming specifically including (but not limited to) any slot 

machines as defined in 15 U.S.C. $ 1 17 1 (a)(l) and electronic or electromechanical facsimiles of 

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

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

The machines listed above are gambling devices as defined under 15 U.S.C. Section 1171 (a) 

and therefore fall within the definition of Class 111 gaming. Because Respondent does not have a 

compact with the State of Oklahoma which authorizes the playing of Class 111 gambling devices 

at Respondent's gaming facility, Respondent is operating such games in the absence of a tribalstate compact in violation of 25 U.S.C. $2710(d) and 25 C.F.R. $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 seq. and 25 C.F.R §573.6(a) and @), the 

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

Absentee Shawnee Tribe of Oklahoma is ordered to cease and desist the operation of the 

above-listed gaming machines and any other such gambling devices which may be present 

in its gaming facilities. This order shall be effective within twenty- 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. Expedited Review. 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 Wo (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 explwtionaof 

the basis for the decision. 

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

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

Temporary Closure, Respondent may appeal to the fill 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, 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 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 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 violations cited above may additionally result in the 

luluul' assessment of civil fines against Respondent in an amount not to exceed $25,000 per violation 

per day. Under 25 C.F.R. 9 575.5(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). The Chairman shall 

consider any information submitted in determining the facts surrounding the violation and the 

amount of the civil fine, if any. 

Dated this g$ay of 7- fi*~~ r 2 ,2000. 

Montie R. Deer 

Chairman 

National Indian Gaming Commission 

Cc: H. Bruce Longhorn, Absentee Shawnee Gaming Commission