NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: Blue Lake Rancheria Tribe 

Am: Claudia Brundin, Chairperson - Agent for Service of Process 

P.O. Box 428 

Blue Lake, CA 95525 

FAX; ('707-688-4272) 

Phone: 707-688-5 P 0 I 

1. Notification of Violation 

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

notice that the Blue Lake Rancheria Tribe (Respondent or Tribe), located in Blue 

Lake, CaIifomia, has violated NIGC regulations by failing to submit timeIy 

quarterly statements and fee payments. 

2. Authority 

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

Chairman of the NlGC (Chairman) may issue a Notice of Violation @OV) to any 

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

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

25 U.S.C. 9 2713; 25 C.F.R. 1$ 573.3. 

3. Ap~licabIe Federal Laws and TribaI Ordinance Provisions 

A. lGRA requites the NIGC to establish a schedule of fees to be paid to the 

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

class III gaming activity, 25 U.S.C. 9 2717, 

B. NlGC 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. 6 514.l(a). 

C. Each gaming operation subject to the jurisdiction of thc Commission and 

not exempt from paying fees pursuant to the self-reglatian provisions 

shall file with the Commission a quarterly statement showing its 

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

$ 514.1Cc). 
D. The quarterly statements are due March 31, June 30, September 30, and 

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

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

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

the due date. 25 C.F.R. 5 5 14.1 (c)(43. 

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

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

C.F.R. 6 5 14. I (c)(5). 

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

statement. 25 C.F.R. 8 514.1(~)(9$. 

G. NXGC regulations define "gaming operation" as "each economic entity 

that is licensed by a tribe, operatcs the games, receives the revenues, 

issues the prizes and pays the expenses." A gaming operation may be 

operated by a tdx directly; by a management contractor; or, under certain 

conditions, by another person or other entity. 25 C.F.R. 5 502.10. 

4. Role of Ouarterl y Fees and Quarterly Statements 

The annual fces collected by the NTGC arc 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 annuaI budget, yet may not exceed the fee cap set by 

Congress. Thus, it is imperative that thc 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 Indian Tribe with tribal headquarters 

in Bluc Lake, California. 

B. The Tribe operated its gaming operation, Blue Lake Casino, during all or 

part of 2007 and 2008. 

C. The NIGC received fee payments for the Blue Lake Casino as follows: 

1. For the quarter ending September 30,2008 on October 3, 

2008,3 days late; 

2. For the quarter ending December 3 1,2008 on March 6, 

2009, 63 days late. 
D. Thc NTGC received untimely quarterly statements for the Blue Lake 

Casino as follows: 

1. For the quarter ending December 3 1,2008 on Marc11 4, 

2009,6 1 days late. 

E. The Tribe violated NIGC rcgvlations by submitting untimely quarterly 

statements and fee payments. 

6. Measures Reatiired to Comct the Violation 

WhiIe there is no remedial action that can correct the untimeI y 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, 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 sud~ 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 suppf mental 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 incIude 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 

waives 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 Tnfonnation 

The vioIation cited above may resuIt 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. 6 575.5(a), Respondent may submit written infomation about the violation 

to the Chairman within fifteen (15) 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 line, if any. 
9. Assessment of Interest 

Interest may be assessed at rates set by the Secretary of the Treasury on amounts 

remaining unpaid after thcir due date. 3 1 U.S.C. $37 1 7 and 25 C.F.R. 

$ 514.1 (c)(lO). 

Dated thisaf ~arc4009 

REBECCA CHAPMAN 

Staff Attorney 
Certificate of Sewice 

I certify that this Notice of Violation (NOV-09-14) was sent to the following by facsimile 

transmission and certified U.S. mail, rcturn receipt requested this day of March, 2009. 

Blue Lake Rancheria Tribe 

Attn: Claudia Bmndin, Chairperson 

Agent for Service of Process 

P.O. Box 428 

Blue Lake, California 95525 

Fax: 707-668-4272 

Office of the General Counscl 

NationaI Indian Gaming Commission 

1441 L Street, NW - Suite 9100 

Washington, D.C 20005 

202-632-7003