AUG 1 9 I999 

Honorable Dee Ketchum 

Chief, Delaware Tribe of Indians 

220 N. W. Virginia 

Bartlesville, Oklahoma 74003 

Dear Chief Ketchum: 

This letter responds to your request to review and approve the tribal gaming ordinance, 

Resolution No. 99-22, adopted on June 15, 1999, by the Delaware Tribe of Indians (Tribe). 

This letter constitutes such approval under the Indian Gaming Regulatory Act (IGRA). Such 

approval does not constitute approval of specific games. It is important to note that the 

gaming ordinance is approved for gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming ordinance, the Tribe is now required to 

conduct background investigations on its key employees and primary management officials. 

The National Indian Gaming Commission (NIGC) expects to receive a completed application 

for each key employee and primary management official pursuant to 25 C.F.R. 5556.5(a) 

and an investigative report on each background investigation before issuing a license to a 

key employee or primary management official pursuant to 25 C.F.R. §556.5(b). 

- Thank you for submitting the ordinance of the Delaware Tribe of Indians for review and 

approval. The NIGC staff and I look forward to working with you and the Tribe in 

implementing the IGRA. 

Sincerely yours, n 

Montie R. Deer 

Chairman 

1441 L STREET. N.W. 9TH FLOOR WASHINGTON, D.C. 20005 EL: 202-632-7003 FAX: 2M-632-7066 
DELAWARE TRIBE OF INDIANS 

220 N.W. VIRGINIA BARTLESVILLE, OKLAHOMA 74003 

TELEPHONE: (91 8) 336-5272 FAX: (91 8) 336-551 3 

A RESOLUTION OF THE TRIBAL COUNCIL 

OF THE 

DELAWARE TRIBE OF INDIANS 

ADOPTING THE DELAWARE INDIAN GAMING ACT 

Resolution 99-22 

WHEREAS, The Delaware Tnial Council is authorized by Article V of the Constitution and By-laws 

of the Delaware Tribe (1 982) to represent and act in all matters that concern the general 

welfare of the Delaware Tribe of Indians, a federally recognized Indian tribe; and, 

WHEREAS, On Febyary 13, 1999, the tribal membership meeting in General Council voted to 

authorize the governing body of the Delaware Tribe to pursue and engage in Class I1 and 

Class 111 Indian gaming pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C. 

Sec. 2704; and, 

WHEREAS, Tribally bwned gaming facilities are a viable source of revenue that will foster and 

promote economic growth, tribal self-sufficiency, and strong tribal government; and, 

WHEREAS, A tribal gaming ordinance regulating the operation of Indian gaming on tribal lands is 

required under federal law to commence tribal gaming operations. 

NOW THEREFORE BE IT RESOLVED, that the Delaware Tribal Council hereby adopts the Delaware 

Indian Gaming Act for the purposes of regulating Indian gaming operations on tribal lands, and hereby 

directs the Chief to submit the Act to the National Indian Gaming Commission for approval. 

CERTIFICATION 

I hereby certify that the foregoing was considered by the Tribal Council of the Delaware Tribe of Indians 

and adopted this 15 day of , 19 44 , with a vote of 5 yes, and I no, 

and 0 abstaining. 

Paula Pechonick, Secretary 
DELAWARE INDIAN GAMING ACT 

Approved by the Delaware Tribal Council on May 17, 1999 
TABLE OF CONTENTS 

Section 

Section 1. 

Section 2. 

Section 3. 

Section 4. 

Scction 5. 

Section 6. 

Section 7. 

Section 8. 

Section 9. 

Section 10. 

Section 1 1. 

Section 12. 

Section 13. 

Section 14. 

Section 15. 

Section 16. 

Section 17. 

Section 18. 

Section 19. 

Scction 20. 

Section 2 1. 

Section 22. 

Section 23. 

Section 24. 

Section 25. 

Title of Act 

Findings and Purpose 

Definitions 

Class I Gaming Authorized 

Class I1 and Class 111 Gaming Authorized; Ownership 

Restrictions; and Gaming Facility Licenses 

Ilclaware Tribal Gaming Commission 

Responsibilities and Enforcement Authorities of the 

Tribal Gaming Commission 

Tribal Gaming Commission Regulations 

Interim and Residual Responsibilities of the Tribal Council 

Management Contracts [Keserved] 

Environmental, Health, and Safety Standards 

Restrictions on Use of Gaming Revenues 

Annual Audits 

Gaming-Employee Licensing and Background Investigations 

Proccdurcs for Background Investigations 

Tribal Gaming Director 

Gaming Age Limits 

Dispute Resolution 

Appeals of Tribal Gaming Commission Decisions to 

Tribal Court 

Enforcement 

Service of Process 

Sovereign Immunity 

Amendments 

Conflict of Law 

Effective Date 

Page 
DELAWARE INDIAN GAMING ACT 

Approved by the Delaware Tribal Council on May 17, 1999 

Section 1. Title of Act 

This Act shall be known as the "Delaware Indian Gaming Act," and shall be codified in Delaware Tribal 

Statutes in such manner as directed by the Delaware Tribal Council. 

Section 2. Findings and Purpose 

The Delaware Tribal Council hereby finds: 

(a) Tribally owned gaming facilities are a viable source of revenue that will fostcr and promote 

economic development, tribal self-sufficiency, and strong tribal government; 

(b) Revenues horn gaming operations will enable the tribe to better meet the health, education, 

and welfare needs of our tribal members and the surrounding communities; and, 

(c) Tribal legislation providing for the colnprehensive regulation of gaming on tribal lands is 

necessary and is en;ictcd herein to: 

(1) Insure that such gaming is conducted in a fair and honest manner for the protection of 

the visiting patrons; 

2) Insure that thc tribe is the primary financial beneficiary of the gaming operation as 

opposed to any other cornmcrcial interests; and 

3) Insure that said gaming is conducted only in conformity with applicable tribal, federal, 

and state laws. 

Section 3. Definitions 

Unless the context clcarly indicates a different meaning, the following terms as used herein are defined as 

follows: 

Page 1 of 25 
(a) Tribe or Delaware Tribe (and any of its derivatives) shall mean the Delaware Tribe of Indians having 

its seat of government located in Bartlesville, Oklahoma. 

(b) NlGC shall mean the National Indian Gaming Commission of the Department of Interior as 

defined and established by the federal Indian Gaming Regulatory Act, 25 USC 2704, and the Code of 

Federal Regulations, 25 CFR 5 501, et. seq. 

(c) Tribal Gaming Commission shall mean the Delaware Tribal Gaming Commission as established 

herein for regulation of the Indian gaming on tribal lands in compliance with applicable tribal, state, 

and federal law. 

(d) Tribal Council shall mean the Delaware Tribal Council created and authorized under Article 4 of 

thc Constitution and Bylaws of the Delaware Tribe of Indians (1982), as amcndcd. 

(e) Tribal Court shall mean the Delaware Tribal Chrt as created and authorized under Article 12 of 

the Constitution and Bylaws of the Delaware Tribe of Indians (1982), as atnended. 

(0 Tribal Lands shall mean lands over which the Delaware Tribe of Indians exercises governmental 

jurisdiction, to-wit: 

1. Any lands which are located within the counties of Washington, Nowata, Rogers, Craig, 

and north of Township 22 North of Tulsa County, State of Oklahoma, the title to 

which is either held in trust by the United States for the benefit of the Delaware Tribe, 

or for the benefit of an enrolled member of the Delaware Tribe who is not also an 

enrolled member of any other federally recognized Indian tribe; and, 

2. Any lands located in the five county area described above that were originally allotted 

under a "D" allotment number to a Registered Delaware whose name appeared on the 

February 18, 1867, Delaware Regisny, and are now owned in fee by the Delaware 

Tribe, or are now owned in fee by a member of the Delaware Tribe who is not also an 

enrolled mernber of any other federally recognized Indian tribe, the title to which is 

restricted by the United States against alienation; and, 

3. Any other lands located outside the above referenced five county area, the title to which 

is taken in trust by the United States for the benefit of the Delaware Tribe. 

(g) Tribal Law shall mean the statutes, regulations, resolution, and case law of the Delaware Tribe of 

Indians. 

Page 2 of 25 
(h) State Law shall mean the applicable laws of the state, if any, in which a tribal gaming operation is 

located. 

(i> Federal Law shall primarily, but not exclusively, refer to Title 25 and Title 18 of the United 

States Code, and Title 25 of the Code of Federal Regulations. 

(j) Gaming Operation shall mean each economic activity or facility that is licensed and owned by the 

tribe that operates games, receives revenues, issues prizes, and pay the expenses of the activity. A gaming 

operation may be operated and managed by the tribe directly, or may be contracted to another entity, 

such as a management group, for management and operation for operation on behalf of the tribe. 

(k) Chs I Gaming shall mean social games solely for prizes of minimal value or traditional forms of 

Indian gaming when played by tribal members as part of, or in connection with, official tribal 

ceremonies or celebrations. 

(1) Class II Gaming shall mean those games as defined in the Indian Gaming Kegulatory Act, 25 

U.S.C. § 2703(7), and by the regulations promulgated by the NIGC at 25 CFR 5 502.3, or as may be 

subsequently defined under federal law, including: 

(1) "Bingo" or "lotto" (whether or not electronic, computer, or other technologic aids are 

used) when players play for prizes with cards bearing numbers or other designations by 

covering numbers or designations when objects, similarly numbered or designated, are 

drawn or electronically determined, and win the game by being the first person to cover 

a designated patter on such cards; and, 

(2) "Pull Tabs", "Punch Boards", 'Tip Jars", "Instant Bingo", and other similar games 

to bingo; provided, said games are played in the same location as bingo or lotto; and, 

(3) "Non-Banking Card" games that are explicitly authorized by state law , or are not 

explicitly prohibited by state law, and are played legally anywhere within the relevant 

state, and players play in conformity with state laws and regulations concerning hours, 

periods of operation, and limitation on wagers and pot sizes. 

(m) Chs 111 Gaming shall mean all forms of gaming that are not Class I or Class I1 gaming, as 

defined in the Inclian Gaming Regulatory Act, 25 U.S.C. 9 2703(8), and by the regulations 

protnulgated by the NIGC at 25 C.F.R. 5 502.4, or as may be subsequently defined under federal law, 

including but not limited to: 

(I) Any house banking game, including card games such as baccarat, chemin de fer, 

blackjack, and pai gow, if play as house banking games, and, casino games such as 

Page 3 of 25 
roulette, craps, and keno; and, 

(2) Any slot machines as defined under federal law, 15 U.S.C. 5 117 1 (a)(l) and electronic 

and elecno mechanical facsimiles of any game of change; and, 

(3) Any sports betting and parimutuel wagering including but not limited to wagering on 

horse racing, dog racing, or jai alia; and, 

(4) Lotteries. 

(n) Net Revenue shall mean the gross revenues of a gaming operation less amounts paid out as prized 

and the total gaming-related operation expenses excluding managcment fecs. 

(o) Tribal Gaming Director shall mean a person appointed and employed directly by the Tribal 

Council to be rcsponsible for all facets of the development, maintenance, and management of tribally 

owned gaming operations. 

Section 4. Class I Gaming Authorized. 

Class I Gaming as defined above is hereby authorized on tribal lands without further regard to the 

regulatory requirements of this Act; Providcd, that any person secking to engage in a Class I gaming 

activity or operation shall first obtain a written confirmation from the Tribal Gaming Co~rlrnission that 

the proposed activity in fact constitutes Class I gaming. 

Section 5. Class 11 and Class In Gaming Authorized; Ownership Restrictionsr and Gaming Facility 

Licenses 

(a) Generally. Class I1 and Class 111 Gaming as defined above is hereby authotized to be conducted 

on tribal lands in strict conformity with applicable tribal, fedcral, and state laws; Provided, the Delaware 

Tribe of Indians as an entity shall have and at all times retain the sole proprietary interest in and 

responsibility for the conduct of Class 11 and Class 111 gaming activities, facilities, and operations on 

tribal lands. 

(b) Tribal Gaming Operations Licenses. Pursuant to federal law, each and every Class I1 and Class 

111 gaming operation or fiacility located on tribal lands shall at all times have prominently displayed for 

public viewing a Tribal Gaming Operation License, issued by the Delaware Tribal Council and signed by 

the Chief of thc Delaware ~'iibe, describing therein the name and address of the gaming facility, the type 

Page 4 of 25 
of gaming authorized under said license, the date of issuance, the tribe's formal name, the address of the 

tribe's principal seat of government, and the servicc agent for complaints against the tribe arising from 

the gaming operation. 

Section 6. Delaware Tribal Gaming Commission 

(a) Establishment. There is hereby established, chartered, and created the Delaware Tribal Gaming 

Commission as a governmental subdivision of the tribe. 

(b) General Authority of Commission. Except as to those authorities specifically retained by the 

Tribal Council under this Act, the Tribal Gaming Commission is given exclusive authority to regulate 

all gaming activities or operations under this Act. 

(1) Sovereign Attributes. As a governmental subdivision of the Delaware Tribal 

Council, the Tribal Gaming Commission is hereby delegated the substantial 

function of regulating tribal gaming pursuant to applicable tribal, fcderal, 

and state laws. Notwithstanding any authority delegated to the Tribal Commission, the 

Tribal Council reserves thc right to bring suit against any person or entity in its own 

right, on bchalf of the tribe or on behalf of the Tribal Gaming Commission, whcnever 

the Tribal Council deems it necessary to protect the sovereignty, rights, and interests of 

the tribe or the Tribal Gaming Commission. 

(2) No Proprietary Functions. The Tribal Gaming Commission shall have no authority 

or responsibility for monitoring or managing the tribe's financial interests in gaming 

operations. 

(c) Location and Offices. The Tribal Gaming Commission shall be a resident of and maintain its 

headquarters and principal office at the tribe's principal officcs and seat of government. Upon the 

express approval of the Tribal Council, the Tribal Commission may also establish satellite offices in 

such other locations as may be ncccssary to better exccute its duties. 

(d) Appointment of Tribal Gaming Commissioners. The Commission shall consist of no less than 

three (3) tribal members, one of whom shall be designated as Chairman, all of who~n shall be appointed 

by the Tribal Council. 

(1) Qualifications. To be eligible to serve as a Commissioner, a tribal member 

must be at least twenty-five (25) years of age, be of high moral character or integrity, and 

never have been convicted of a felony criminal offense or a misdemeanor offense 

involving a crime of dishonesty or moral turpitude; 

Page 5 of 25 
(2) Term of Office. The term of office for each Commissioner shall be three (3) 

years; Provided, however, in order to stager the expiration of the terms of office, the 

first member appointed shall serve a term of three (3) years, the second member a term 

of two (2) years, and the third member a term of one (I) year. 

(3) Removal. Commissioners may only be removed from office before tl~e 

expiration of their term of office by a vote of the Tribal Council for neglect of duty, 

conuption, abuse of authority, malfeasance, or other good cause shown following a 

hearing before the Tribal Council upon written notice, and subject to appeal to the 

Delaware Tribal Court. 

(4) Vacancy. In case of a vacancy in office, the Tribal Council shall within 

thirty (30) days fill the vacancy for the remaining unexpired term. The Tribal Council 

may designate a temporary Commissioner pending the outcome of a Commissioner's 

appeal before the Tribal Court for removal from office. 

(e) (:ompensation for Commissioners. Provided sufficient funds are available in the tribal treasury, 

the Commissioners may be compensated in the form of a monthly stipend and at a rate to be 

established annually by the Tribal Council commensurate with the duties to be performed. At no time 

shall any such stipend be paid directly from any gaming operations and at no time shall the 

Commissioners be considered employees of the tribe. 

(0 Conflicts of Interest. No Tribal Gaming Commissioner or any employees of the Commission 

shall be allowed to gamble in tribal gaming establishments, or engage in any business relationships that 

is directly or indirectly related to any gaming operation or any other tribal business venture. No member 

of the Tribal Council, Tribal Court, or any other elected, appointed, or salaried tribal position may 

concurrently hold a position as a Commissioner or an employee of the Commission. 

(g) Meetings & Reports. 

(I) The Tribal Gaming Commission shall meet no less than once per month at a 

regularly designated time and location to execute its duties. Except as otherwise 

provided herein, the meetings of the Tribal Gaming Commission shall be open to the 

public. For the purposes of discussing the merits of a licensing application, or any 

personnel matters, or attorncy-clicnt communications, the Commission shall retire to 

executive session for discussion and deliberation, provided, that any votes of the 

Commission shall be done only in an open meeting. A quorum shall consist of no less 

than three (3) members. All questions arising in connection with the actions and duties 

Page 6 of 25 
of the Commission shall be decided by a majority vote. 

(2) The Chairman shall submit monthly written reports to the Tribal Council 

regarding the activities of the Commission which shall include at a minimum thc 

following: The names of all individuals for whom a Gaming Employee License was 

issued or denied; a summary of any disputes filed against the tribal gaming operation; a 

summary of any notices of non-compliance issued by the com~nission or any other 

regulatory or policing entity; a summary of any fines issued for gaming violations; a 

summary of the appeals filed bcfore the Tribal Court and the outcome of those appeals; 

a summary of any problems cxperienccd with the management of the gaming operation; 

a summary of all the Commission's expenditures; and, a copies of the minutes of the 

co~nmission meetings. None of the minutes of any meeting shall includc discussions 

or deliberations done in executive session. 

(h) Organizational and Operating Procedures. Unless otherwise directed by the Tribal Council, 

the Tribal Gatning Commission shall develop its own internal organization, staff positions, and 

operating procedures as necessary to properly execute its responsibilities. 

(i) Operating Budget. The Tribal Gaming Commission shall submit a proposed annual budget to 

the Tribal Council no later than September 1" of the preceding fiscal year. The Tribal Council shall 

annually approve or amend such budgct, and appropriate sufficient funds for the use and expenditure of 

the Tribal Gaming Commission in execution of the Commission's duties. Upon written resolution of 

the Tribal Council and upon a demonstrated nced, the Commission may establish its own banking 

accounts to fund its day to day operations, and for depositing fines and licensing fees. At no time shall 

any of the funding for the Commission comc directly from the gaming operation, revenue, or 

management group. 

Section 7. Responsibilities and Enforcement Authorities of the Tribal Gaming Commission. 

(a) General Responsibilities. Ile responsibilities and authorities of the Tribal Gaming 

Commission shall include but not necessarily be limited to the following: 

(1) Promulgate regulations as deemed necessary to perform properly and fully the 

responsibilities and authorities vested in the Tribal Gaming Commission under this 

Act. 

(2) Promulgate minimum internal control regulations for the operation of 

gambling devices, equipment, game rules, and other gaming operations including the 

operation's credit and money handling policies. Establish standards/critcria for gaming 

Page 7 of 25 
machines and facilitate the testing of machines for compliance. 

Establish or approve video surveillance standards and procedures. Maintain a 

surveillance log recording all surveillance activities in the monitoring room of each 

gaming facility and to maintain a security log of all unusual occurrences in any gaming 

facility. 

Continually monitor, inspect, and police all gaming operations for compliance 

with applicable tribal, federal, and state gaming laws. 

Conduct investigations of possible violations of gaming procedures, issue 

citations and fines, and defend all appcals of the Commission's actions before the Tribal 

Court. 

Develop Gaming-Employec Licensing and Background Invcstigation rcgulations 

and procedures consistent with this Act, and applicable tribal, federal, and state gaming 

law. 

Employ sufficient staff persons for carrying out investigatory, regulatory, 

licensing, and policing responsibilities under this Act. 

Interact with other regulatory and law enforcement agencies regarding the 

regulation of gaming. 

Establish minimum health and safety and building regulations for the tribal gaming 

operations, and monitor and enforce thc samc. 

Establish a list of people barred from any gaming facility because of their 

criminal history or association with career offenders or carccr offenders organizations, 

or previous lawful expulsion from the tribal gaming facility. 

To consult with and makc recommendations to thc Tribal Council regarding 

changes in tribal gaming laws and policies, including advising of any changes in federal 

statues and regulations. 

Recommend further licensing and regulation for persons who deal with the 

garning operations such as manufacturers and suppliers of rnachincs, equiprncnt, goods, 

and services. 

Maintain a correct and full accounting of all fees, penalties, interest, and fines 

reccived under the authority of this Act, and provide a monthly accounting of the same 

Page 8 of 25 
to the Tribal Council. 

(14) Subject to ratification by the Tribal Council, adopt a schedule of fees to be 

charged for Licensing and fines to be issued for violations. 

(15) Perform audits of business transactions to ensure compliance with regulations 

and policy, including review, on demand, such books and records of the gaming 

opera tion. 

(16) Assure that a copy of the annual audit of the tribal gaming operations is 

transmitted to the NIGC and any other relevant entities. 

(17) Resolve patron disputes with the gaming operation regarding payment of winnings. 

(b) Enforcement Authority. In executing its regulatory duties hereunder, the Tribal Gaming 

Commission shall have authority to take tlle following action to coerce compliance with this Act, or 

regulations and orders issued pursuant to this Act: 

(1) Irvy fines for violations in an amount not to exceed $ 1,000.00 for each 

violation; 

(2) lssue notices of violations and orders requiring timely corrective 

action and compliance; 

(3) Suspend or revoke any Gaming-Employee License, or any other licenses 

that may be subsequently issued by the Tribal Gaming Commission; 

(4) To bring a civil cause action in the Tribal Court against any individual or 

entity to reduce to judgement any unpaid civil fines, with interest and 

penalties, and to proceed with execution and collection of said judgement in any tribal, 

state, or federal court; 

(5) To seek any other injunctive and declaratory relief from the Tribal Court to 

prohibit violations of this Act; and, 

(6) To request the assistance of law enforcement entities when necessary for the 

execution of the Commission's responsibilities. 

Page 9 of 25 
Section 8. Tribal Gaming Commission Regulations. 

(a) The Tribal Gaming Commission regulations necessary to carry out the orderly performance of 

its duties and powers shall include, but shall not be limited to the following: 

(1) Internal operational procedures for the Tribal Commission and its staff; 

(2) Interpretation and application of this Act as may be necessary to carry out 

the Commission's responsibilities and cxcrcise its authorities; 

(3) A regulatory system for all gaming activity, including accounting, contracting, 

management, and supervision; 

(4) Reports or other information required by or necessary to implement this Act; 

(5) The conduct of inspections, investigations, enforcement actions, and other 

such actions; and, 

(6) A schedule of Commission fees for licensing and related activities, and a 

schedule of fines, including penalties and interests, for specified violations. 

(b) No regulation of the Tribal Gaming Commission shall be of any force or effect unless it is 

adopted by written resolution and subsequently approved by written resolution of the Tribal Council 

and both filed for record with the office of the Tribal Secreary, the office of the Tribal Court, and with 

the NIGC. 

(c) The Tribal Court and any other Court of competent jurisdiction shall take judicial notice of a11 

Tribal Gaming Conimission regulations adopted pursuant to this Act. 

Section 9. Interim and Residual Responsibilities of the Tribal Council. 

Until such time as the Delaware Tribal Gaming Commission is fully established and organized, 

the Tribal Council shall remain responsible for the execution of the Tribal Gaming Commissions 

responsibilities. In addition, the Tribal Council shall remain responsible for any regulatory 

responsibilities under federal law that have not otherwise been assigned to the Tribal Gaming 

Con\mission. The Tribal Council further reserves to itself the authority to take such actions and issue 

such orders as the Tribal Council may deem necessary to protect the general welfare of the tribe. 

Section 10. Management Contracts [Reserved] 

Page 10 of 25 
Section 1 1. Environmental, Health, and Safety Standards 

Pursuant to federal law, the construction and maintenance of any gaming facility and the operation of 

gaming activities shall be conducted in a manner which adcquatcly protects thc environment and the 

public health and safety, and for that purpose shall comply with thc requirements of any applicable 

Tribal-State Compact and a11 other applicable health, safety and environmental standards enacted by the 

tribe which shall be at least as stringent as those of the relevant state or municipality. 

Section 12. Restrictions on Use of Gaming Revenues 

Pursuant to federal law, the Tribal Council shall assure that the net revenues from any tribal gaming 

operation shall only be expended for the following purposcs: 

(a) To fund tribal government operations or programs; 

(b) To provide for the general welfare of the tribe and its members; 

(c) To donate to charitable organizations; and, 

(d) To help fund operations of local governmental agencies. 

Section 13. Annual Audits 

Pursuant to federal law: 

a Generally. The Tribal Council shall direct that the financial records of each gaming operation be 

audited once per year by a certified public accountant or firm not otherwise affiliated with the tribe, its 

elected officials, or its staff. A copy of each audit shall be provided within fifteen (15) days of 

completion to the Tribal Gaming Commission and the NIGC. 

(b) Subjects. All contracts for supplies, services, or concessions for a contract amount in excess of 

$ 25,000 annually (except contracts for professional legal or accounting services) relating to such gaming 

shall be subject to said independent audits; Provided, that nothing herein shall mean that the annual 

gaming audit shall bc less stringent or comprehensive than the annual audit of thc tribe's other financial 

records. 

(c) Financial Record Keeping. All financial records of each gaming operation, including annual 

audits, shall be maintained by the tribe in a secure and orderly fashion for no less than ten (10) years. 

Page 11 of 25 
Section 14. Gaming-Employee Licensing and Background Investigations 

Pursuant to federal law: 

(a) Generally. No person shall be employed at a tribal gaming operation in the position of a Key 

Employee or a Primary Management Official, as defined below, for more than ninety (90) days unless 

said person has obtained a Gaming-Employee License from the Tribal Gaming Commission; Provided, 

this section shall not apply if the tribe has entered into an approved Tribal-State Compact for Class I11 

Gaming that gives the relevant state exclusive jurisdiction, and responsibility for background 

investigations and the issuance of gaming.employee type licenses. 

(b) Definitions. Within the meaning of this Act, the following definitions shall apply: 

(1) Key Employee shall mean a person working at a tribal gaming operation who performs one 

of thc following functions: 

(A) Bingo Caller; Counting Room Supervisor; Chief of Security; Custodian of Gaming 

Supplies or Cash; Floor Manager; Pit Boss; Dealer; Croupier; Credit 

Manager; Custodian of Gambling Devices (including persons having access to cash and 

accounting records within such devices); 

(H) Any other person who total cash compensation is in excess of $50,000.00 per year 

and the four most highly compensated persons in thc gaming operation. 

(2) Primary Management Official shall mean a person working at a tribal gaming operation who: 

(A) Will have management responsibility for a management conaact; 

(B) Will have authority to hire and fire employees, or to sct up working policy for 

the gaming operation; 

(C) Will be a chief financial officer, or other person who has financial management 

responsibility. 

(c) Applications for Licenses. Applications for Gaming-Employee Licenses shall include the 

following notices which shall be pre-printed at the beginning each applications: 

In compliance with the Privacy Act of 1974, the following information is 

pm)ided: Solicitation of the information on this form is authoTi;red by 

Page 12 of 25 
25 U.S.C. 2 701, et. seq. The purpose of the requested information is to 

detcmnine the eligibility of the individuals to be employed in a gaming operation. 

Thr! information will be used by the National lndian Gaming Commission 

members and staff who have need for the information in the performance of 

their official duties. The information may be disclosed to appropriate Federal, 

Tribal, State, local, or foreign law enforcement and regulatory agencies when 

rekvant to civil, criminal, or regulatory investigatiom or prosecutions or when 

pursuant to a requirement by a tribe or tk National lndian Gaming Commission 

in connection with the hiring or firing of an employee, the issuance or rewocation 

of a gaming licence, or investigations of activities while associated with a tribe 

or gaming operations. Failure to consent to the disclosures indicated in this notice 

wili result in a tribe's being unable to hire you in a pimary management official 

or key empbyee position. 

Tht. disclosure of your Social Security Number (SSN) is voluntmy. However, 

failure to supply a SSN may result in moss in processing your application. 

A false stutement on any part of this application may be pounds for not 

hiring you, or for firing you after you begin work, and may subject you 

to criminal charges punishable by fine or imprisonment under 

fedtral law pursuant to 18 U.S.C. 1001. 

(d) Information Required. hch application for Gaming-Employee License shall at a minimum 

request the following information: 

(I) Full namc, previous names used, nick names, social security number, birth date, place of 

birth, citizenship, gcndcr, and a description of the applicant's immediate family including an 

explanation of relationships described (e.g, parents, guardians, etc.); 

(2) The full residential address of the applicant for the previous five ycars and the full name, 

address, and current telephone number of each individual with whom the applicant may have 

resided at those addresses; 

(3) Each position of employment, including self-employment, held by the applicant, and 

the relevant dates employed, for the previous five (5) years, including the full name and address 

of the employer, and the full name of the applicant's supcnlisor at said employment; 

(4) All ownership interests of any nature hcld in any business entity or venture for thc 

previous five (5) years, including the name of the business, the relative interests held, and the 

business' principal place of business; 

Page 13 of 25 
(5) The name, current address, and telephone number of at least three personal references, 

which shall include a personal reference who was acquainted with the applicant during each 

period of residence for the previous five (5) years; 

(6) Current business (work) telephone number and residential telepllone number; 

(7) A description of any existing and previous business relationships of any nature 

whatsoever with any Indian tribe, including ownership interests in those businesses; 

(8) A tiescription of any existing and previous business relationships of any nature 

whatsoever with gaming industry generally, including a description of the type of business, the 

name of the business, the nature of any ownership interests, and the business' principal place of 

business; 

(9) The name and address of any licensing or regulatory agency with which the person has 

filed an application for a license or permit related to gaming, and/or related to an alcohol or 

tobacco distribution, within the previous tcn (10) years, whether or not such license or permit 

was granted; 

(10) For each felony for which there is an ongoing prosecutions or a conviction, the 

charge, the name and address of the court involved, and the date and disposition if any; 

(1 1) For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding 

minor traffic violations), within 10 years of the date of the application, the name and address of 

the court involved and the date of disposition; 

(1 2) For each criminal charge (excluding minor traffic charges), whether or not there is 

a conviction, if such criminal charge occurred within 10 years of the date of the application and 

is not otherwise reported on the application, the criminal charge, the name and address of the 

court involved, the date of the charge, and the date of the disposition; 

(13) The name and address of any professional licensing boards with which the person 

has filed an application for an occupational license or permit, regardless of whether or not such 

license or permit was granted; 

(14) A copy of applicant's Federal income tax returns for the previous two (2) years. 

If none are available or have been filed, then an explanation as to why. 

(15) A copy of the applicant's driver's license and social security card, front and back. If 

applicant does not maintain or have a current driver's license or security card then an 

explanation as to why. 

Page 14 of 25 
(16) A list of the names and addresses of each financial institution holding a financial 

account in the name of the applicant, or naming applicant as a beneficiary, and the typcs of 

accounts held. 

(17) A copy of a current passport held by applicant, if any. 

(18) Any other information the Tribal Gaming Commission deems reasonably necessary and 

relevant. 

(e) Additional Rcquirernents. Concurrent with the submission of an application to the Tribal 

Gaming Commission for a Gaming-Employee Liccnse, the applicant shall also: 

(1) Present themselves to the Tribal Gaming Commission Office, or a local law enforcement 

agency contracted by the tribe, for photographing and fingerprinting; and, 

(2) Execute a notarized release on a pre-printed form prepared by the Tribal Gaming 

Commission authorizing the release of the following records to the Tribal Gaming 

Commission: Personnel records held by applicant's former employers; Applicant's 

crcdit report; Applicant's criminal history from any governmental entity or agency; and 

any other appropriate specified records regarding applicant and deemed relevant by the 

Tribal Gaming Commission that might otherwise be unavailable on the grounds of 

privacy; and, 

(3) Execute a notarized release on a pre-printed form prcpared by the NIGC authorizing 

the release of all records and information obtaining during the licensing process to the 

NIGC and other appropriate tribal, state, and federal law enforcement and regulatory 

agencies; and, 

(4) Tender a non-refundable standard license-processing fee as determined by the Tribal 

Gaming Commission, which shall not exceed seventy-five dollars ($75.00). 

(0 Eligibility Determinations. Upon receiving the abovc described information and application, 

the Tribal Gaming Cornmission shall complete a comprehcnsivc background check consistent with the 

background investigation procedures further described under this Act. Upon completion of the 

background investigation, tl~e Tribal Gaming Commission shall make an initial dctcrmination on 

whether to issue a license to the applicant. In making its initial determination, the Tribal Gaming 

Commission shall compile a Licensing Report which shall include the original application submissions, 

a description of the steps taken in and the results obtained in the background invcstigation, and a 

summary of the Tribal Gaming Commission's determination based on whether to grant or deny the 

applicant's license. If at this time, the applicant is deemed ineligible for a Gaming-Ernploycc Liccnsc, thc 

Page 15 of 25 
Tribal Gaming Co~nmission shall immediately give written notice to the relevant manager at the 

gaming operation that the applicant will not be issued a license and must be immediately removed from 

any employment requiring a Gaming-Employee License. The notice shall clearly state an objective basis 

for denial of the application and the right of the applicant to appeal the decision to the Delaware Tribal 

Court within thirty (30) days of the issuance of the notice. A copy of the written notice also shall be 

immediately sent by certified mail to the last known address of the applicant. 

(g) Standard Criteria for Eligibility. Prior to accepting any applications for a Gaming-Employee 

License, the Tribal Gaming Commission shall issue regulations setting forth a standard set of criteria to 

be used in approving or disapproving an application for a Gaming-Employee License. The Commissions 

regulations shall take into account the applicant's prior activities, any criminal record, reputations, 

habits, fiscal responsibility, and criminal associations to make a finding concerning whether to grant or 

deny a license. The criteria established for licensing determinations shall insure that no person who 

poses a threat to the public interest or the effective regulation of gaming, or crcatcs or enhances dangers 

of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming, will be 

issued a Gaming-Employee License. 

(h) Reports to NIGC. The Tribal Gaming Commission Licensing Report described above shall be 

completed and fonvardedto the NIGC within forty-five (45) days following the original submission of 

the license application to the Tribal Gaming Commission. The NIGC shall have thirty (30) days to 

notify the Tribal Gaming Commission of any objection it may have to the Tribal Gaming Commission's 

decision to issuance a license to the applicant. The Tribal Garning Commission shall provide any 

additional information requested by the NIGC, and upon such request, the thirty (30) day requirement 

shall be suspended until the NIGC receives such information. 

(i) NIGC Objections and Supplemental Reports. If within the thirtyday time frame, the NIGC 

provides the Tribal Gaming Commission with a statement itemizing the objections to the issuance of a 

Gaming-Employee Licence to the applicant, the Tribal Gaming Commission shall review the NIGC 

objections, reconsider its initial approval to license the applicant, and shall prepare a supplemental 

Licensing Report addressing the NIGC's objections, and a summary of the Tribal Gaming Commission's 

supplemental determination, based on standardized criteria, on whether to grant or deny the applicant's 

license. A copy of the Supplemental Report shall be forwarded to the NIGC. If the supplemental 

determination finds that the applicant is not eligiblc for issuance of a license, written notice as provided 

in section (0 above shall be immediately issued. 

(j) License Revocation or Suspension. If after the issuance of a Gaming-Employee License, the 

Tribal Gaming Cammission receives additional information from the NIGC or otherwise that an 

applicant should not have received a license or is no longer eligible for a license, the Tribal Gaming 

Commission shall review its initial determination, make a Supplemental Report, and forward the same 

to the NIGC. If the supplemental determination finds that the applicant is not eligible, written notice 

as provided in section (0 above shall be immediately issued with the additional notice that the GamingPage 16 of 25 
Employee License shall be suspcndcd for a period of thirty (30) days pending appeal of the suspension 

to the Delaware Tribal Court. Unless the Tribal Gaming Comlnission reverses its position or the 

Tribal Court finds that applicant is or remains eligible, a notice of revocation shall issue to the gaming 

operation and to applicant's last known address upon expiration of the time for appeal or co~npletion of 

the appeals process. 

(k) Compliance with Tribal Court Decisions. If the applicant should prcvail on appeal before the 

Delaware Tribal Court, the Tribal Gaming Commission shall immediately issue the applicant a Gaming 

Employee license or a notice of reinstatement of the license, and shall notify the NIGC of the court's 

decision. 

(1) Record Keeping. The Tribal Gaming Commission shall keep all records obtained during the 

application proccss in a secure and orderly fashion for a period of at least threc (3) years from the date of 

the application or the termination of employment, which ever is longer. The licensing records shall be 

made available for inspection upon thc written request of the Chairman of the NIGC, or a designated 

NIGC agent, or other appropriate tribal, state, or federal law enforcement agencies. The licensing 

records shall also be made available for inspection by the Tribal Council upon written resolution of the 

Tribal Council citing thc need for such information in the best interests of thc tribc. In defending an 

appeal by an applicant for a denial of a license, the Tribal Gaining Cornmission may divulge only such 

information and documentation as was explicitly relied upon for a denial of thc license; Providcd, 

however, upon filing any appeal of a denial of the license, the applicant shall be deemed to have waived 

any privacy considerations for the purposes of disclosure of information during the appeal. Except as 

providcd herein, thc Tribal Gaming Commission is otherwise strictly prohibited from releasing, 

copying, or divulging any information obtained during the licensing process or contained in the 

licensing records to any person, individual, or entity, including the appliunt for liccnsc. 

(in) No Right to Employment. The issuance of a Gaming-Employee License shall not create any 

guarantee of employment, or vest any right whatsoever in the holder of the license to ernploymcnt with 

any tribal gaming operation. 

Section IS. Procedures for Background Investigations 

(a) General Responsibility. Unless otherwise provided in a State-Tribal Compact, the Delaware 

Tribal Gaming Commission shall be exclusively responsible for conducting background investigations 

and the issuance of the GamingEmployec Licenses for Key Employees and Primary Management 

Officials. 

(b) Investigator. The Tribal Gaming Commission shall employ Tribal Gaming Investigator(s) who 

shall be responsible for receiving licensing applications as described above, conducting background 

investigations, and compiling all relevant information in Licensing Rcports and Supplemental Reports 

Page 17 of 25 
for submission to the Tribal Gaming Coinrnissioners with a recommendation of approval or denial. 

The Investigator(s) shall be at least 2 1 years of age, achicvcd at least a high school education, and 

preferably have some experience in investigative work. Any person who has been convicted in any tribal, 

state, or federal court of any felony offense or a misdemeanor offense involving dishonesty or a crime of 

moral turpitude with in the preceding ten (10) years or while employed as an Investigator shall be 

ineligible for employment in the position. 

(c) Nondelegation of Licensing Responsibility. The Tribal Gaming Commissioners shall be 

responsible for rcviewing Licensing Reports and Supplemental Reports, and by a majority vote shall 

make the ultimate detcrmination to approve or disapprove an Employee-Gaming License. The Tribal 

Gaming Commissioners shall be responsible for assuring that all Licensing Reports, Supplemental 

Reports, and other similar noticcs are transmitted to the NIGC, and where applicable the gaming 

operation and applicant, within the time limits prescribed and shall be responsible for receiving all 

infornration and correspondence from the NIGC. 

(d) Fingerprinting/Photographing Procedures. For the purpose of obtaining finger prints and 

photographs, the Tribal Gaming Conlmission shall either: 

(1) Employ a person suitably trained to obtain each licensing applicant's photograph, and 

fingerprints in compliance with commonly accepted law enforcement procedures and 

practices, for transmittal directly to the Federal Bureau of Investigation for a criminal 

background check or pursuant to a memorandum of agreement for transmittal to the 

NIGC for processing through the Federal Bureau of Investigation; or, 

(2) Contract with a local law enforcement agency to obtain and process each applicant's 

pl~otogr~phs and fingerprints which shall be trans~nitted eithcr directly to thc Federal 

Bureau of Investigation for a criminal background check or pursuant to a memorandum 

of agreement to the NIGC for proccssing through the Fcdcral Bureau of Investigation. 

(e) Regulations for Standard Criteria . The Tribal Gaming Commission shall issue regulations 

setting forth a standard set of criteria to be used in approving or disapproving an application for a 

Gaming-Employee License and shall develop a standard analytical form for determining whether an 

applicant has met the particular criteria. 

(1) At ;I minimum the analytical form shall include a chcck-list of the following criteria: a) 

Financial responsibility confirmed or acceptable explanation; b) No felony or relevant 

misdemeanor criminal record within previous ten years for each state and city of 

residencc; c) No incarceration in a state or federal penitentiary within the prcvious 

fifteen years; d) Valid Drivcr's License confirmed or acceptable explan~tion; e) Two year 

Page 18 of 25 
history of Federal Income Tax confirmed or acceptable explanation ; f) Residential 

stability confirmed or acceptable explanation; g) Employment stability confirmed or 

acceptable explanation; h) No negative character reports from previous employers or 

personal references; i) No current passport confirmed or acceptable explanation; j) 

Federal and State Bureaus of Investigation Reports unremarkable; k) No cvidcnce of 

current or recent drug and/or alcohol abuse. 

(2) The analytical form shall further indicate whether each criteria is supported by 

documentation or narrative rcport. 

(f) Investigative Procedures. The Tribal Gaming Commission shall further promulgate regulations 

providing for the investigative procedures to be followed by each Inspector to complete a background 

investigation for each application which shall at a minimum require thc Investigator to: 

(1) Verify by written, or oral communication memorialized, that the information submitted 

by applicant is substantially correct which shall rcquire the Investigator to contact 

prcvious landlords, employers, businesses, family, associates, financial institutions, 

professional licensing boards, etc., and obtain a credit report on applicant from a 

nationally recognized institution; and, 

(2) Contact the ,law enforcement agency for each city and county within which the 

applicant resided in the previous five (5) years, and requesting a copy of any and a11 

criminal or driving records or a statement that none exit; and, 

(3) Contact each state bureau of investigation and the Federal Bureau of Investigation, 

providing any necessary information including applicant's fingerprints, and request a 

copy of any criminal history records, or a staterncnt to the effcct that nonc cxist; and, 

(4) Memorialize any verbal interview from previous employers, personal references, family, 

licensing boards, regulatory boards of negative character reports; and, 

(5) Acquire a copy of applicant's credit history for any evidence of financial instxbility, 

unusual financial activity, and judgments against applicant; and, 

(6) Follow-up and further investigate with appropriate sources any unusual or inconsistent 

information obtained during the investigation; and, 

(7) Interview applicant and request explanations or further information upon finding any 

unusual or inconsistent information or if the circumstances otherwise warrant an 

interview. 

Page 19 of 25 
(g) Standard Formats for I.icensing Reports. The Tribal Gaming Commission shall further create 

and require a standard format for each Licensing Report and Supplemental Report which shall contain 

at a minimum: 1) The original application and submissions; 2) A description of the procedures taken in 

conducting the background check; 3) The standard analytical forrn listing whether the applicant has met 

the criteria for licensing; 4) Supporting written documentation including criminal background reports, 

narrative reports or written memorials of verbal interviews including the time, date, and full name of 

persons interviewed; 5) A statement of standard information lacking; 6) The recommendation of the 

Investigator; 7) All NIGC information or correspondence regarding applicant; 8) The final 

determination specifically describing the supporting grounds by the Tribal Gaming Commission, copies 

of all notices issued to applicant, and copies of any decisions of the Tribal Court. 

Section 16. Tribal Gaming Director. 

(a) Proprietary Function. For the purposes of representing the proprietary interests of the tribe, as 

opposed to regulatory interests, in all facets of tribal gaming development, opcrations, and management, 

the Tribal Council may at its discretion appoint and employ a Tribal Gaming Director to serve at the 

pleasure and under the direction of the Tribal Council. 

(b) The duties and responsibilities of the Tribal Gaming Director may include: 

(1) Identihng and developing tribal interests and opportunities in the gaming industry on 

behalf of and in the best interests of the tribe; 

(2) Identifying, monitoring, and addressing the concerns of other tribal, state, local, and 

federal concerns regarding the development of tribal gaming opportunities; 

(3) Negotiating all tribal gaming-related agreements including Tribal-State Compacts, Land 

Acquisitions, and Management Contracts; 

(4) Performing initial background and financial checks of management groups seeking 

to do business with the tribe; 

(5) Representing, informing, and advising the Tribal Council on all gaming related activity, 

and recommended courses of action; and, 

(6) Remain responsible for the management and oversight of all tribal gaming operations 

and activities on behalf of the Tribal Council; Provided, if the Tribal (louncil chooscs 

to engage a management group to manage the gaming opcrations on behalf of the tribe, 

the Tribal Gaming Director shall, nonetheless, continue to serve as the Tribal Council's 

representative and liaison between the tribe and the management group and shall be 

actively invdved all facets of management operations, decisions, and financial 

Page 20 of 25 
accounting. 

(7) Accounting to the Tribal Council and Tribal Management on a weekly basis as to the 

income and revenues of thc gaming operation. 

(8) Working with the Tribal Gaming Commission to assure legal compliance by the 

managers of the gaming operation. 

(9) Acting as the single authorized and designated spokesperson on behalf of the Tribal 

Council on all gaming and gaming-related issues. 

(8) Any other proprietary functions that the Tribal Council may deem necessary to monitor 

and protect the financial interests of the tribe in gaming activities. 

(c) Qualifications. To be eligible for appointment as the Tribal Gaming Director, thc pcrson shall 

at a minimum be at least twenty-five (25) years of age and possess a bachelor's level degree in business or 

related field from a college or university. No person who has been convicted in any tribal, state, or 

federal court of any felony offense or a misdemeanor offense involving dishonesty or a crime of moral 

turpitude with in the preceding ten (10) years shall be eligible for consideration. 

(d) Restrictions on Agency Authority. The Tribal Gaming Director shall not have authority to 

incur debt in the tribe's niilne, establish credit, bind the tribe in any contractual agreements, waive any 

sovereign immunity, or otherwise act in any legal capacity on behalf of the nibe without a written 

resolution of the Tribal Council specifically authorizing the actions. 

(e) Conflicts of Interest. The Tribal Gaming Director shall at all times: 1) Act in the best interests 

of the tribe; 2) Shall be prohibited from in any tribal gaming establishment; 3) Shall be 

prohibited from engaging in any gaming related business activity outside of his duties as Tribal Gaming 

Director; 4) Other than receiving salaried compensation, shall be prohibited from accepting any gift, 

donation, or honorarium from any gaming related business or entity or from any pcrson as a result of 

the position as Trihal Gaming Ilircctor; 5) Shall be prohibited from usurping any busincss interest or 

business opportunity of the nibe; 6) And shall otherwise zealously guard against any appearance of 

impropriety or conflict of interest while acting on behalf of the tribe or otherwise. 

Section 17. Gaming Age Limits. 

No person under 18 years of age shall be permitted to be a player in any Class I1 gaming facility. 

No person under the age of 21 years shall be permitted to gamblc or to placc any wager in a Class 111 

taming fiacility, either directly or indirectly, or to be present in the immediate area of any gaming 

Page 2 1 of 25 
activities of any Class 111 type gaming facility. 

Section 18. Dispute Resolution 

(a) Payment of winnings dispute. 

(1) In the event of a dispute between a patron and the gaming operation regarding 

the payment of a bet or distribution of winnings, the patron may make a written claim 

to the gaming operation within thirty (30) days of the incident giving rise to the claims. 

Failure to file a clairn within thirty (30) days shall forever bar further claims or causes of 

actions. 

(2) The primary management official on duty at the time of the claim is made shall 

attempt to resolve the dispute without delay. 

(3) If the primary management official is unable to resolve the issue, the primary 

management official shall refer the patron to the Tribal Gaming Commission for 

further actions. The Tribal Gaming Commission shall investigate the matter and 

issue a final ruling within thirty (30) days of receiving the claim. 

(4) The patron shall be given notice of a right to appeal the final decision of the 

Tribal Gaming Cornmission to the Delaware Tribal Court within thirty (30) days 

of the date of the final decision. 

(5) Notice of the procedures for resolving these disputes, including the name and 

address for the service agent for the tribe, the Tribal Gaming Cammission, and any 

Management Group, shall be posted throughout the gaming operation. 

(b) Personal Injuries or Property Loss Claims. 

(1) In the event that a patron alleges a personal injury or property loss against 

the gaming operation or against the tribe arising from the sarning activity, the patron 

shall be asked to file a written claim decliling the date, time, events, wimesscs, and 

the proximate loss, if know. Claims for personal injuries or property loss against the 

gaming operation or against the tribe arising from the gaming activity shall be filed with 

the gaming operation within thirty (30) days after the alleged loss occurs. Failure to 

file a claim within thirty (30) days after the alleged loss shall forever bar further claims 

or losses. 

(2) The primary management official shall immediately report the claim to any 

Page 22 of 25 
relevant liability insurance carrier. If the total claim is for less than $ 1,000 total 

loss, the claim may bc resolved in the discrction of the primary management official 

by execution of a settlement agreement and release of liability. 

(3) Any claims for loss exceeding $ 1,000 shall be referred to the relevant liability 

carrier for resolution following those procedures agreed to between the carrier and the 

gaming operation. 

(4) In the event that the patron will not accept a proposed settlement offered 

by a liability carrier, the patron will be rcferrcd to the Dclawarc Tribal Court for 

litigation of the claim which shall be filed no later than one (1) year following the 

alleged loss, presuming the initial thirty (30) day claims was filed as required above. 

(5) Notice of the procedures for resolving these disputes, including the name and 

address for the servicc agent for the tribc, the Tribal Gaming Commission, and any 

Management Group, shall be posted throughout the gaming opcration. 

Section 19. Appeals of Tribal Gaming Commission Decisions to Tribal Court. 

(a) Any person or entity may appeal any orders, licensing denials, revocations, and suspensions, 

fines, or any other final decision of the Tribal Gaming Commission to the Delaware Tribal Court for a 

de novo review within thirty (30) days after such decision by filing a notice of appeal and a complaint 

with the Tribal Court and serving a copy thereof upon the Tribal Gaming Commission. 

(b) In all appeals from the Tribal Gaming Commission, the Tribal Court shall give proper 

deference to the administrative expertise of the Commission. Tile Court shall not set aside, modify, or 

remand, any determination by the Commission unless it finds that the determination is arbitrary and 

capricious, unsupported by subsmntial evidence, or contrary to law. The Tribal Court shall issue a 

written decision on all appeals which decision shall be final. 

Section 20. Enforcement. 

(a) Personal Jurisdiction. 

(1) Criminal Jurisdiction. For the purposes of any gaming-related activity: 

(A) Indians. The tribe shall exercise concurrent criminal jurisdiction with the state or 

Page 23 of 25 
federal government over tribal members and other Indians in accordance with federal 

law, subject to any applicable provisions of the Tribal-State Compact. 

(B) Non-Indians. Thc state or federal government shall have exclusive criminal 

jurisdiction over non-Indians in accordance with federal law. 

(2) Civil jurisdiction. For the purposes of any cause of action arising from gaming-related 

activity, the tribe shall exercise concurrent jurisdiction over both Indians and non-Indians, 

but exclusive jurisdiction over the tribal government, elected officials and employees while 

acting within thc lawful scope of their official governmental duties, subject to any applicable 

provisions of a Tribal-State Compact. 

(c) Cross -Deputization Agreement. To the extent permitted by law, the tribe and the state may 

enter into such crossdeputization agreements as may be necessary and proper to facilitate cooperation 

between tribal and state law enforcement personnel. 

(d) Prohibited Acts. [Reserved] 

(e) Criminal Penalties. Any person or entity who is found guilty in Tribal Court by clear and 

convincing evidence to have knowingly and wilfully violated a provision this Act while on tribal lands 

may be punished by a fine of not less than $ 100.00 and not more than $ 10,000.00, or may be 

incarcerated for a period not to exceed six (6) months. 

(f) Civil Penalties. In order to coerce compliance with this Act and tribal gaming regulations, and 

in addition to any other civil remedies or causes of action that may be available in Tribal Court, any 

person or non-governmental entity refusing to comply therewith may be fined by the Tribal Gaming 

Commission not in excess of $ 1,000.00, or if the relevant gaming-related activity falls within the 

enforcc~nent responsibilities reserved to the Tribal Council, may be fined by the Tribal Council not in 

excess of $ 5,000.00. All civil fines shall be subject to an appeal to the Tribal Court within thirty (30) 

days, and upon the appropriate filing following the time for appeal, may be reduced to a civil judgement 

for execution and collection in any tribal, state, or federal court having competent jurisdiction. 

Section 21. Service of Process. All legal notices to the tribe or service of process upon the tribe 

shall scncd upon: 

Chief of the Delaware Tribe of Indians 

220 N.W. Virginia Street 

Bartlesville, Ok. 74003 

Page 24 of 25 
Section 22. Sovereign Emmunity. 

All inherent sovereign rights of the Delaware Tribe of Indians, its governmental entities, elected 

officials and employees while acting within the lawful scope of their offlcial governmental duties, are hereby 

expressly reserved. Sovereign immunity of the tribe or any of its governmental entities, employees and 

elected leaders, may only be waived by express written resolution of the Tribal Council. Waivers of 

immunity shall not be general in nature but shall be specific and limited as to duration, grantee, transaction, 

and any affected property or funds. Nothing within this Act shall be construed to waive or limit the sovereign 

immunity of tribe or any sovereign authority of the tribe. 

Section 23. Amendments. 

Any amendments to this Act shall not take effect until duly submitted to the NIGC for approval. 

Section 24. Conflict of Law. 

To the extend that any portion of this Act, or any regulation promulgated under this Act, is contrary 

to federal statute or regulations, or an approved Tribal-State Compact, the same shall be deemed void. 

Section 25. Effective Date. 

This Act shall become effective upon the approval of the NIGC. 

CERTIFICATION 

The above and fore ing Delaware Indian Gaming Act was duly enacted by the Delaware Tribal 

Council on the day of %==- by a vote of 2 yes, / no, and aabstaining. 

- v 

Paula Pechonick, Tribal Council Secretary 

Page 25 of 25