Teri Poust 

Holland & Knight LLP 

633 West Fifth Street 

Los Angeles, CA 90071 

Fax: (213) 896-2450 

RE: Approval of Ji carilla Apache Nation ordinance amendment 

Dear Ms. Poust: 

This is in response to your request for the approval of the revised Jicarilla Apache 

Nation Gaming Ordinance adopted by Ordinance # 2010-0-234-05 on May 5,2010, 

making several amendments, including revising the operational structure of the Jicarilla 

Apache Gaming Regulatory Commission (JAGRC) and stipulating that the JAGRC shall 

be responsible for providing surveillance coverage of the gaming facility. 

This letter constitutes approvaI of the amendment. Nothing therein conflicts with 

IGRA's requirements or the NIGC's reguIations. 

If you have my questions, please feel free to contact Senior Attorney JeMey 

Nelson at (202) 632-7003. 

Tracie Stevens 

Chairwoman 

NATtONAL HEADQUARTERS 1441 1 St NW. S~ltc 9100, Wash~ngton, DC 20005 Tel 202 632 7003 Fax 202 632 7066 WWW.NlGC.WV 

REGIONAL OFFICES Portland. OR, Sacramento, CX, Phoen~x, AZ, St. Pad. MN, Tulsa, OK 
ORDINANCE OF THE LEGISLATIVE COUNCIL ?A w' 

+& GAMING REGULATION 

RE: Amending Ordinance 2009-0-226-04, Title 22 Chapter 2 Gaming Regulation 

Ordinance No.: 2010-0-234-05 

WHEREAS, the Jicarilla Apache Nation ("Nation") is a federally recognized Indian 

Tribe organized under the Indian Reorganization Act of June 1 8, 1 934 (25 U.S.C. $476); and 

WHEREAS, the Jicarilla Apache Nation Legislative Council is authorized by ArEicle XI, 

Section 1 of the Revised Constitution of the Nation to enact ordinances to promote the peace, 

safety and general welfare of the Nation; and 

WHEREAS, the Nation enacted the Jicarilla Apache Gaming Ordinance on March 24, 

1994, which was approved by the National 'Indian Gaming Commission on April 11, 1994, and 

which is codified at Title 22, Chapter 2 of the Jicarilla Apache Tribal Code, in order to authorize 

and regulate gaming on the Nation's lands; and 

WHEREAS, the Jicarilla Apache Gaming Ordinance was amended by the Legislative 

Council by Ordinance No. 2009-0-226-04 on April 3, 2009, and approved by the National 

Indian Gaming Commission on June 8,2009; and 

WHEREAS, the Legislative Council of the Jicarilla Apache Nation has determined that 

it is in the best interests of the Nation to amend the Gaming Ordinance at this time; and 

WHEREAS, the Legislative Council of the Jicarilla Apache Nation bas determined that 

this Gaming Ordinance as mended shall repeal and replace any and all existing Nation 

Resolution(s) addressing or pertaining to the Nation's gaming activities or revenues generated 

therefrom. 

NOW, THEREFORE, BE IT ORDAINED by the Legislative Council of the- JicariIEa 

Apache Tribe that the Jicarilla Apache Gaming Ordinance, Title 22, Chapter 2, af the Jicmilla 

Apache Tribal Code, is hereby amended to read as follows: 

Page 1 of 36 
The Legislative Council of the Jisarilla Apache Nation, a federally recognized Indian 

tribe ("Nation"), hereby enacts thf s Ordinance pursuant to its authority under Article XI, Section 

1 of the Revised Constitution of the Jicarilla Apache Nation, which shall be codified as TitIe 22, 

Chapter 2 of the Jicarilla Apache Nation Code. 

Section 1. Purpose. 

The purpose of this Chapter is to make lawful and to regulate the operation, conduct. and 

playing of games of chance on Jicarilla Apache lands, to produce revenue to fund governmental 

operations and programs of the Nation, to promote the heaIth. education, and welfare of the 

Nation and its members, to promote economic development of the Nation, and to fund other 

lawful activities of the Nation in conformity with the Indian Gaming Regulatory Act, 25 U.S.C. 

$2710 et. seq. ("IGW). This Chapter shalI appEy to all gaming activity on JicarilPa Apache 

lands. 

Section 2. Definitions. 

Unless specified otherwise, terms used herein shall have the same meaning as in IGRA. 

Further, for the purposes of this Chapter: 

a. "Chairperson" means the Chair of the Jicarilla Apache Gaming Regulatory 

Commission established by this Chapter. 

b. "Class I1 gaming" means class I1 gaming as defined by IGRA and regulations of 

the National Indian Gaming Commission ("NIGC"). 

c. "Class III gaming" means class I11 gaming as defined by IGRA and regulations 

of the NIGC. 

d. "Compact" means any Tribal-State Gaming Compact, including amendments 

thereto, between the Nation and the State of New Mexico that is in effect governing class III 

gaming on Jicarilla Apache lands. 

e. "Gaming activity" means any class 31 gaming andlor class Ihl gaming as defined 

in this Chapter. 

f. "Gaming device" means any mechanical, electromechanical, electronic, or video 

machine or device that, for consideration, allows a player to play a game of chance. "Gaming 

device" includes any such machine or device whether the game played is a class II or a class EX1 

game, and also includes "Gaming Machines" as defined in the Compact. 

Page 2 of 36 
g. 'Caming facility'hems any building, room or structure in which any gaming 

activity is conducted, including any fills and credits and any area where any currency or coin 

related to or generated from any gaming activity is stored or counted. "Gaming facility'' does 

not include any non-gaming area, such as a restaurant, gift shop, parking lot or hotel, regardless 

of whether such non-gaming area is within the exterior walls of any building, room or structure 

in which any gaming activity is conducted. 

h. "Gaming operation" means a business entity owned by the Nation for the 

conduct of any gaming activity in any gaming facility on Jicarilla Apache lands. 

1. "Gaming-related services" means any goods, services or concessions provided 

or used in connection with gaming activities, whether exclusively or othenvise, including but not 

limited to, equipment, gaming devices and components thereof, equipment ancillary to gaming 

devices, implements of gaming activities such as playing cards and dice, furniture designed 

primarily for use with gaming activities, surveillance or security equipment, md consulting 

services. "Gaming-related services" does not indude professional legal or accounting services. 

j- "Gaming Vendor" means any person providing gaming-related services to the 

gaming operation, management contractor, or the gaming facility, as determined by the JAGRC. 

k. "Jicarilla Apache Gaming Regulatory Commission" or "JAGRC" means the 

Jicarilla Apache Gaming Regulatory Commission established by this Chapter. 

1. "Jicarilla Apache lands" means all lands within the exterior boundaries of the 

Jicarilla Apache Reservation and my lands title to which is either held in trust by the United 

States for the benefit of the Nation or held by the Nation subject to restriction by the United 

States against alienation and over which the Nation exercises governmental power. 

rn. bLKey employee" means: 

1. Any person who performs one or more of the following functions: 

Approver of Credit; 

Assistant Comptroller; 

Assistant General Manager; 

Assistant Slot Manager; 

Assistant Vault Manager; 

Bingo Caller; 

Bingo Manager; 

Cage Manager; 

Casino Manager; 

Comptroller; 

Counting Room Supervisor; 

Croupier; 

Custodian of gaming supplies or cash; 

Page 3 of 36 
N. Custodian of gaming devices, including persons with access to 

cash and accounting records within such devices; 

0. Dealer; 

P. Floor Manager; 

Q. General Manager; 

R. JAGRC Commissioner; 

S. Personnel Manager; 

T. Pit Boss; 

U. Security ManagerlChief of Security; 

V. Security Officer; 

W. Slot Manager; 

X. Vault Manager; 

Y. Anyemp1oyeeoftheJAGRC;md 

Z. Any employee with access to "sensitive areas,'bhich at the 

discretion of the JAGRC shall include the surveillance room, cage, vault, and any 

location in which money is counted or stored. 

2. Any other person whose totd cash compensation exceeds $50,000.00 per 

year; or 

3. If not othenvise included, the four most highly compensated persons in the 

gaming operation. 

n. "Legislative Council" means the Legislative Council of the JicnrilIa Apache 

Nation, the governing body of the Jicarilla Apache Nation, duly elected in accordance with the 

Constitution of the JicariIla Apache Nation. 

0. "Nation" means the Jicarilla Apache Nation, its authorized officials, agents and 

representatives. 

P + "Net revenues" means gross gaming revenues of a gaming operation less 

amounts paid out as, or paid for, prizes, ad total gaming-related operating expenses, excluding 

management fees paid to any management contractor. Operating expenses include but are not 

limited to annual fees paid to the NIGC, utilities costs, insmce costs, advertising costs, labor 

and other personnel costs attributable to gaming, repair costs, maintenance costs, costs of 

supplies. security services costs, janitorial services costs, trash removal costs, taxes, rent, travel 

costs related to the gaming operation, lawyers' and accountants' fees, fees paid to independent 

auditors, and such other deductions or charges as may be specifically authorized by this Chapter. 

"Net revenues" as used in this Chapter are not the same as "Net Win" for purposes of the 

Compact. 

q. "NIGC" means the National Indian Gaming Commission established under the 

IGRA. 

Page 4 of 36 
r. "Non-gaming vendor" means any person providing any goods or services (other 

than gaming-related services) to the gaming operation, management contractor, or the gaming 

facility, but excluding any professional legal or accounting services. 

S. "Person" means any natural person or entity, including but not limited to any 

partnership, corporation, trust or other legal entity. 

t. "Police Department" means the Jicarilla Apache Nation Police Department. 

U. "President" means the President of the Sfcarilla Apache Nation. 

V. "Primary management official" means: 

1. The person having management responsibility for a management contract; 

2. Any person who has the authority: 

A. To hire and fire employees: 

B. To set up working policy for the gaming operation; or 

3. The chief financial oficer or other person who has financial management 

responsibility. 

w. bbStaten means the State of New Mexico, its authorized officials, agents and 

representatives. 

X. "Trial Court" means the trial court of the Nation established by Article XXIIE of 

the Revised Constitution of the Nation. 

Section 3. Nature and Scope of gamin^ Activities. 

a. Authorized Gaming Activities. Class I1 gaming and Class 111 gaming are hereby 

authorized on Jicarilla Apache lands, provided that the conduct of such gaming is in conformity 

with this Chapter. Further, only those forms of gaming authorized within the applicable license 

issued by the JAGRC may be operated within a gaming facility. 

b. Ownershiv of Gaming Activity. The Nation shall have the sole proprietary 

interest in and responsibility for the conduct of any class I1 or class I11 gaming activity on 

Jicarilla Apache lands authorized by this Chapter; provided that (1) nothing herein shaII prevent 

the Nation from entering into a management contract for the operation and management of any 

gaming activity, and (2) nothing herein shall prevent the JAGRC from authorizing by regulation 

individually owned class II gaming for charitable purposes by entities other than the Nation, to 

the extent permitted and in accordance with IGRA and any applicable NIGC regulations. 

Page 5 of 36 
c. Wagering Limitations. The JAGRC shall by regulation approve the maximum 

wager for each class and form of gaming conducted in accordance with this Chapter. A gaming 

operation may set maximum wagers in its gaming facility at a level less than the maximum 

wager approved by the JAGRC. 

d. Hours of Operation. The JAGRC shall by regulation approve the hours and days 

during which gaming activities can be conducted within each gaming facility. 

e. Limited English-Onlv Policy. It is the Nation's finding that an English-only 

policy is necessary in certain "sensitive areas" of its gaming facilities to permit supervisory and 

surveillance staff to fully perform theit job responsibilities. These responsibilities include the 

prevention of collusion and theft, and thus the protection of Nation assets. To his end, the 

JAGRC shall have the discretion to enact a regulation limiting the use by an employee of any 

language other than English in any '"sensitive areayy of a gaming facility. Such policy shall be 

narrowly tailored to meet these needs and shalI contain the following provisions: 

1. "Sensitive area'hhall be defined to include the surveillance room, cage, 

vault, and any location in which money is counted or stored; 

2. No Iangtmge other than English may be spoken in any sensitive area; and 

3. All empIoyees must be informed of this policy, as well as the 

consequences of its violation. 

f. Prohibition on Minors. 

1. Participation in Gaming. No person under the age of eighteen (1 8) shall 

participate in any Class I1 gaming and no person under the age of twenty-one (21) shall 

participate in any Class I11 gaming. 

2. Employment. No person under the age of twenty-one (21) shall be 

employed in one of the following types of positions: a position that is directIy connected 

with the conduct of Class 111 gaming; a position that handles the proceeds of Class III 

gaming; or a position that handles any "Gaming Machine" as defined in the Compact. 

Nothing herein shall prohibit the employment of a person under the age of twenty-one 

(21) in one of the following types of positions: bartender, cocktail server or other 

position engaged solely in preparing or serving food or beverages; secretarial or janitorial 

personnel; stage, sound and light technicians; and other nongarning personnel. 

Section 4. Use of Net Revenues and Accounting Controls. 

a. Use of Net Revenues. Net revenues (as defined in this Chapter) from any Class 11 

or Class EII gaming, or any individualIy owned gaming, shall be used exclusively for the 

following purposes: 

Page 6 of 36 
I. To fund government operations or programs of the Nation; 

2. To provide for the general welfare of the Nation and its members; 

3. To promote economic development of the Nation; 

4. To donate to charitable organizations identified by the Council; or 

5. To help fund operations of local governmentaI agencies. 

b. Separate Accounting for Gaming Revenue. In order to assure compliance with 

any applicable restrictions on the use of gaming revenue under federal law or the Compact, the 

Nation shall create accounts for its gaming revenues that are separate from those which are used 

for purposes that may not be fvnded from gaming revenues. 

c. Annual Audit. All gaming operations shall be subject to an annual audit by 

independent certified public accountants selected by the gaming operator and approved by the 

JAGRC. The JAGRC shall supervise the conduct of the audit. Copies of the annual audit shall 

be submitted to the JAGRC, and sent to the LegisIative Council and the NIGC within 120 days 

after the end of each fiscal year of the gaming operation. All gaming related contracts that result 

in purchases of supplies, services, or concessions for more than $25,000 in any year (except 

contracts for professional legal or accounting services) shall be specifically included within the 

scope of the annual audit. Nothing in this section shall be construed to limit the authority of the 

Legislative Council to require other or additional audits of a gaming operation. 

Section 5. Protection of the Environment end the Public Health and Safety. 

a. Standard. All gaming facilities shall be constructed, maintained and operated in a 

manner that adequately protects the environment and the public health and safety, and that 

complies with all applicable health, safety and environmental standards imposed by federal or 

tribaI law or by any applicable tribal, federal or tribal/state agreements or compacts. Each 

gaming facility shall meet the stricter of the foregoing applicable requirements. 

b. Certificate of Compliance. Before any gaming activity is conducted in any 

gaming facility, the gaming operation or management contractor shdI obtain a certificate of 

compliance from the JAGRC. The JAGRC shall issue such a certificate of compliance upon a 

determination - in consultation with other relevant agencies of the Nation - that the gaming 

facility complies with applicable health and safety standards. 

Section 6. Jicarilla Apache Gaming Remlatory Commission. 

a. Establishment of the Jicarilla Apache Gaming Repulatow Commission; 

Appointment; Term. The Legislative Council hereby establishes an independent regulatory 

Page 7 of 36 
Commission to be known as the Jicarilla Apache Gaming Regulatory Commission ('VAGRC"), 

members of which shall be appointed by the President with the approval of the Legislative 

Council. Commissioners shall be key employees and shall serve for a term of three (3) years 

commencing on the date of their appointment. Terms shall be staggered so that no more than 

two terms expire in the same year. Commissioners may serve more than one term and may serve 

past the expiration of any term until replaced or removed. 

b. Independence of the JAGRC. In order to maintain independence and ensure the 

highest level of integrity, the Legislative CounciI shall not interfere with JAGRC business or 

compromise the JAGRC's ability to perform its duties and responsibiIities as provided for in this 

Chapter. The decisions of the JAGRC regarding licensing, suitability and compliance with 

applicable law shall be within the exclusive control of the JAGRC, except that the Legislative 

Council may review any allegation that the JAGRC has exceeded its authority under this 

Chapter. 

c. Com~osition of the JAGRC. The JAGRC shall be comprised of five (5) 

Commissioners, a majority of whom shaIl be members of the Nation. A Commissioner may not 

be an elected official of the Nation, or be an employee of or have a financial interest in any 

gaming facility or gaming operation of the Nation, while serving as a Commissioner. Nothing 

herein shall be construed to limit a Commissioner's ability to serve the Tribe in any other 

capacity while serving as a Commissioner, so long as such service does not hinder his or her 

ability to fully perform the duties and responsibilities of both positions, and so long as he or she 

is able to do so while exercising a proper degree of separation of duties. 

d. Officers of the JAGRC. The President shall appoint one member of the JAGRC 

to sene as Chairperson. The Commissioners shall select a Vice-Chair and a SecretnrylTreasurer 

fr~m among the membership of the JAGRC. 

1. Chairperson. The Chairperson shall preside over any meetings called and 

shall be the offacial representative to the New Mexico Indian Gaming Commissioner's 

Association. The Chairperson shall be responsible for monitoring JAGRC staff and 

occurrences within any gaming facility and reporting the same to the other members of 

the JAGRC. The Chairperson shall exercise any and all ether duties of the SAGRC as 

assigned by the Legislative Council, consistent with this Chapter. The Chairperson 

position shall be a part-time position. 

2. Vice-Chair. The Vice Chair shall assume the role of the Chairperson in 

the Chairperson's absence. The Vice-Chair shall be responsible for all other duties as 

assigned by the Chairperson. The Vice-Chair position shall be a part-time position. 

3. Secretay/Treasurer. The SecretaryRreasurer shall be the official 

custodian of dl files and records of the JAGRC and shall be responsible for recording, 

either in writing or electronic medium, the minutes of all JAGRC meetings. The 

SecretaryJTreasurer shall also serve as the Treasurer of the JAGRC and shall, along with 

the Executive Director, be responsible for ensuring that JAGRC funds are disbursed in 

Page 8 of 36 
accordance with the budget. The Secretary/Treasurer position shall be a part-time 

position. 

e. Qualifications of JAGRC Commissioners. Commissioners must possess a 

minimum of one (1) year gaming management andlor regulatory experience, or one (I) year of 

comparable business experience. Commissioners must be of high moral character and must meet 

or exceed the standards set for key employees as established by this Chapter. As key employees, 

Commissioners shall be required to pass a background investigation, which shall include a 

review of financial, criminal, and employment history, and must hold a valid gaming license 

consistent therewith. Before submitting a proposed Commissioner to the Legislative Council for 

approval, the President shall cause a background investigation to be conducted to determine 

whether the person is eligible to serve on the JAGRC consistent with this Chapter. 

f. Compensation of the JAGRC. The compensation of members of the JAGRC shall 

be established by resolution of the Legislative Council. Additionally, Commissioners shall be 

reimbursed for all reasonable expenses incurred in connection with the performance of their 

duties as Commissioners. Such compensation and expenses shall be funded through the Nation's 

annual budget process and included within the JAGRC budget as provided for in Section 6(k) of 

this Chapter. 

g. Meetinns of the JAGRC. The JAGRC shall meet at least twice every month at 

such time and place as it deems appropriate, and shall discuss and vote on all pending matters. 

Meeting more frequently than twice every month shaIl be justified only when urgent 

circumstances warrant such additional meetings. Unless any Commissioner objects, any meeting 

may be held by teleconference or by polling. 

1. Regular Meetings. Regular meetings of the JAGRC may be held upon 

specified dates to be established by the JAGRC, and at such time and place as it deems 

appropriate. Unless otherwise specified by the JAGRC, no notice of such regular 

meetings shall be necessary. 

2. Special Meetin~s. Special meetings of the JAGRC may be called by the 

Chairperson. The Chairperson shall fix the time and place of the special meeting. The 

Chairperson shall give written notice of all special meetings to all Commissioners when 

practicable, but nothing shall prevent the Chairperson from caIIing a special meeting 

upon verbal notice to each Commissioner at least four hours before the meeting is 

scheduled to begin. Neither the business to be transacted at, nor the purpose of, any 

special meeting of the JAGRC needs to be specified in the meeting notice. 

3. Ouonun. Three Commissioners shall constitute a quorum for the purpose 

of conducting business at any meeting of the JAGRC. All official actions of the JAGRC 

shall be taken by majority vote of the Commissioners present at a meeting at which a 

quorum is present. The Chairperson may vote on any issue. 

4. Minutes. The SecretarylTreasurer shall be responsi bIe for recording, 

either in writing or electronic medium, the minutes of a11 JAGRC meetings. The JAGRC 

Page 9 of 36 
shall ensure that accurate minutes of a11 meetings are kept md that the minutes are 

approved by the JAGRC. As the official custodian of all files and records of the JAGRC, 

the SecretarylTreasurer shall maintain official copies of all approved minutes. 

h. Vacancies. 

1. Death, disability or resignation. In the event any Commissioner dies, 

becomes disabled, or resigns before the expiration of his or her term, or for any other 

reason a Commissioner position becomes vacant, the President shall appoint and the 

Legislative Council shall confirm a successor to serve out the balance of that 

Commissioner's term. In the case of resignation, a Commissioner must provide at least 

thirty (30) days notice before such resignation may take effect. Furthermore, a 

Commissioner who has resigned may not engage in any gaming activities in any gaming 

facility of the Nation for a period of one (1) year after such resignation takes effect. 

2. Removal. The Legislative Council may only, by a majority vote, remove 

a member of the JAGRC from office before the expiration of his or her term for neglect 

of duty, malfeasance or other good cause shown. Any member of the JAGRC so 

removed shall be subject to my policy of the Nation regarding removal and the 

ramifications thereof. 

1. Powers, Duties and Authority of the JAGRC. The JAGRC shall have the power, 

duty, and primary responsibility of executing and enforcing the Nation's regulatory 

responsibilities and ensuring the compliance of a11 gaming activities on Jicarilla Apache land 

with all applicable Laws, including the requirements of this Chapter and the Compact. The 

JAGRC shall also have the power, duty, and primary responsibility for ensuring the integrity and 

reputation of the Nation and its gaming activities and shall be accountable di~ectly to the 

Legislative Council or its designees for the proper performance of these duties. The JAGRC 

shall also be responsible for safeguarding the Nation's assets transported to, within, and from any 

gaming facility. The JAGRC shall accomplish these goals through formal actions under 

provisions including the following: 

1. Reports to the Legislative Council. The JAGRC shall report to she 

Legislative Council at least quarterly concerning the status of the regulation of gaming 

activities on Jicarilla Apache land. 

2. On-Site Gaming Regulation. The JAGRC shalI have the power, duty, and 

primary responsibility of conducting on-site gaming regulation and control, including the 

inspection, testing, auditing and examination of all gaming activities on Jicarilla Apache 

land. The JAGRC shall have unrestricted access to all areas of a gaming facility at all 

times, including the authority to demand access to and inspect, examine, photocopy and 

audit all papers, books and records relating to any gaming activity, gaming facility or 

gaming operation, regardless of their location, in an effort to protect against any illegal 

activity. 
3. Investigations. The JAGRC shall have the power, duty, and primary 

responsibility to investigate any aspect of a gaming activity, gaming facility, or gaming 

operation in order to protect the integrity of the Nation's gaming activities and the 

public's interest therein, as well as to prevent any improper or unlawful conduct in the 

course thereof, to protect the Nation's assets, and to ensure compIiance with this Chapter. 

In particular, the JAGRC shall investigate any suspicion of wrongdoing in connection 

with any gaming activity, gaming facility, or gaming operation, and shall investigate all 

credible information suggesting a violation of this Chapter. 

4. Safety of Personnel and Patrons. The JAGRC shaIl work with the gaming 

operation to ensure the physical safety of personnel employed in any gaming facility or 

by any gaming operation. The JAGRC shall also work with the gaming operation to 

ensure the physical safety of any patron in any gaming facility, and shall dso provide for 

the protection of the property of the patrons. 

5. Safeguarding of Assets. The JAGRC shall have the power, duty, and 

primary responsibility of providing for the physical safeguarding of assets transported 

within and to and from any gaming facility. 

6. gamin^ Licenses. The JAGRC shall issue, deny, renew, suspend andlor 

revoke all licenses in accordance with this Chapter. 

7. Backnround Investigations. The SAGRC shall conduct or cause to be 

conducted background investigations as required by this Chapter, or as may be, in the 

discretion of the JAGRC, reasonably necessary to carry-out its dudes and responsibilities 

under this Chapter. 

8. Surveillance. The JAGRC shall be responsible for providing surveillance 

coverage of the gaming facility. At its discretion, the JAGK shall determine who 

should provide surveillance coverage of all other areas. The JAGRC shall adopt 

regulations establishing minimum standards for surveillance equipment and procedures 

that shall govern in all instances. 

9. Review of Plans. The JAGRC shall review and approve floor plans and 

surveillance systems for each gaming facility and may confer wih other organizations 

regarding the adequacy of such plans and systems. 

10. Health and Safety Standards. The JAGRC shall enforce the health and 

safety standards applicable to the gaming facilities under this Chapter and any other 

applicable laws. 

It. Hearings. The JAGRC is empowered to conduct any hearing, 

investigation, or inquiry, compel the appearance of any person or the production of any 

information or documents, and otherwise exercise the investigatory powers necessary to 

carry out its duties and responsibilities under this Chapter. The JAGRC may at its 

Page 11 of 36 
discretion designate a hearing official or one or more members of the JAGRC to conduct 

such a hearing on its behalf. 

A. Subpoena. The JAGRC may issue a subpoena to any person 

within the jurisdiction of the Nation compelling such person to appear before it 

and provide testimony andlor to produce for inspection any information, 

documents, or other materials. 

B. Oath or firmation. The JAGRC shall have the power, duty, and 

primary responsibility of administering oaths or affirmations to witnesses 

appearing before the JAGRC. 

C. Emergency Orders. The JAGRC may issue emergency orders 

having immediate effect without a prior hearing whenever the SAGRC determines 

such order is necessary to protect the public interest, the integrity of gaming 

activities on Jicarilla Apache lands, or the Nation's resources. The JAGRC shaI1 

provide notice and an opportunity to be heard to the affected person as soon as is 

reasonably practicable following issuance of an emergency order. 

12. Civil and Criminal Actions. The JAGRC may in the name of the Nation 

bring any civil action in any court of competent jurisdiction to enforce the provisions of 

this Chapter, IGRA, any Compact or other applicable law, or to enjoin or othenvise 

prevent any violation of this Chapter, IGW, any Compact or other applicable law, 

occurring on Jicarilla Apache lands. The JAGRC may also refer suspected criminal 

violations of this Chapter, EGRA, or other applicable law to the appropriate governmental 

authority for investigation and prosecution as prescribed by the Compact. 

13. Rulemakina Efforts. The JAGRC is authorized to adopt regulations 

andor policies and procedures as it deems necessary or helpful in order to carry-out its 

duties and responsibilities under this Chapter. 

14. Document Execution. The JAGRC shall have the power, in accordance 

with other applicable laws of the Nation, to execute contracts, agreements, etc., 

reasonably necessary to carry-out the requirements of this Chapter. 

t 5. Other Appropriate Duties. The JAGRC shalI carry-out such other duties 

as assigned by the Legislative Council regardless of whether such duties relate to the 

reguIation of gaming. Such assignment shall be made by formal action of the Legislative 

Council. 

j - Commission Staff. The JAGRC shall be staffed by an appropriate number of 

individuals in positions that, at the discretion of the JAGRC, may be either full-time or part-time 

positions. JAGRC employees shall be governed by the personnel policies and procedures of the 

JAGRC and not those of the Nation. JAGRC employees shall report only to the JAGRC; any 

attempt to circumvent this chain of command shall be grounds for disciplinary action. All 

JAGRC employees shall be key employees. 

Page 12 of 36 
1. Executive Director. The administrative head of the JAGRC staff shall be 

the Executive Director. The Executive Director shall be a permanent, full-time employee 

of the JAGRC, and as with all other JAGRC employees, the Executive Director shall be 

governed by the JAGRC's Personnel Policies and Procedures. The JAGRC shall 

advertise and screen candidates for Executive Director, submitting recommendations to 

the President. The President, upon recommendation of the JAGRC Commissioners, shall 

select the Executive Director. The Executive Director shall report to and work under the 

direction of the JAGRC Commissioners, and shall keep them fully informed of all 

gaming and/or other relevant activities. The Executive Director shall also be responsible 

for coordinating interactions between that JAGRC and other tribal, federal, state, and 

local agencies as necessary. 

2. Compliance Inspectors. To ensure the integrity of all gaming activities 

and to carry out its duties under this Chapter, the JAGRC shall employ Compliance 

Inspectors who shaIl be under the sole supervision of the JAGRC and not under the 

supervision of any management contractor or gaming operation. The Compliance 

Inspectors shall have unrestricted access to all areas of the gaming facilities at a11 times. 

The Director of Compliance Inspectors shall report to the Commissioners and the 

Executive Director regarding both routine activities and any failure or suspected failure 

by the gaming operation or any management contractor to comply with any of the 

provisions of this Chapter or any other applicable laws. 

3. Surveillance Department. To ensure the integrity of all gaming activities 

md to carry out its duties under this Chapter, the JAGRC shall be responsible for 

providing surveillance coverage of the gming facility. The JAGRC shall adopt 

regulations establishing minimum standards for suweillance equipment and procedures 

that shall govern in all instances. The Director of Surveillance shall report to the 

Commissioners and the Executive Director regarding both routine activities and my 

failure or suspected failure by the gaming operation or any management contractor to 

comply with any of the provisions of this Chapter or any other applicable laws. 

k. Budget of the JAGRC. The JAGRC shall prepare an annual operating budget 

which shall be subject to the approval of the Legislative Council. The Legislative Council shall 

act in good faith to approve the budget and no unjust pressure shall be placed on the JAGRC 

through the budgeting process. Such budget shall be sufficient for the JAGRC to satisfy its 

duties and responsibilities under this Chapter, including the ability to compensate 

Commissioners and employ a staff as prescribed by this Chapter, and retain legal counsel, 

consultants and other professional senrices, including investigative services, to assist the JAGRC 

with respect to any of the issues over which the JAGRC exercises jurisdiction. 

1. Patron Disputes. The JAGRC shall adopt regulations establishing procedures for 

the resolution of disputes between a gaming operation and a patron in the event the dispute 

cannot be resolved by the gaming operation. Notice of such procedures shall be posted in a 

conspicuous location within the gaming facility at all times gaming activities are conducted. 

Where a patron alleges that either bodily injury or property damage was caused by the conduct of 

Page I3 of 36 
the gaming operation, such regulations shall satisfy the specific requirements of the Compact. 

Where a patron alleges something other than bodily injury or property damage caused by the 

conduct of the gaming operation, such regulations shall include the degree of due process 

specified in Section 1 E (c) of this Chapter. 

m. Rulemaking Efforts. The JAGRC is authorized to adopt regulations and/or 

policies and procedures as it deems necessary or helpful in order to carry-out its duties and 

responsibilities under this Chapter. 

1. Regulations. The JAGRC shall adopt regulations governing the 

regulation, operation and/or management of all gaming activities, including those 

specified below, and to ensure compliance with this Chapter and any other applicable 

law. Regulations promulgated by the JAGK shall be effective upon approval of the 

Legislalive Council. 

A. Class I11 Gaming. The JAGRC shall adopt regulations establishing 

standards of operation and management for class 111 gaming that are consistent 

with industry standards and are adequate to protect the integri~ of the gaming 

activity. The standards for conducting class 111 gaming shall include all 

regulations required by the Compact. If no Compact is in effect and Compact 

negotiations fail or become unnecessary under IGRA, the standards for 

conducting class I11 gaming shall include all requirements that, in the discretion of 

the JAGRC, are required for the gaming activity to be in full compliance with 

applicable law. 

B. Class I1 Gaming. The JAGRC shall adopt regulations establishing 

standards of operation and management for class I1 gaming that are consistent 

with industry standards and are adequate to protect the integrity of the gaming 

activity. The standards for conducting class 11 gaming shall include all 

requirements that, in the discretion of the JAGRC, are required for the gaming 

activity to be in full compliance with applicable law. 

C . Charitable Fundraising. The JAGRC shall adopt regulations 

establishing standards of operation and management for gaming activity 

conducted to raise funds for charitable organizations, provided that all such 

gaming activity shall be limited to class I1 gaming. 

D. Standards for Games. The JAGRC shall adopt regulations 

establishing technical standards and rules for each game operated pursuant to this 

Chapter . 

E. Public Safetv. The JAGRC shall adopt regulations to ensure that 

all gaming operations or management contractors shall prepare and submit for 

review and approval of the JAGRC a satisfactory plan for the protection of the 

safety and health of the public in gaming facilities. 

Page 14 of 36 
F. Patron Disputes. The JAGRC shall adopt reguIations establishing 

procedures for the resolution of disputes between a gaming operation and a patron 

in the event the dispute cannot be resolved by the gaming operation. 

G. Exclusion Policy, The JAGRC shall adopt regulations concerning 

an exclusion policy that includes a right to a hearing and requires maintenance of 

a list of all persons barred from the gaming facility, including those barred by a 

self-ban. 

2. Policies and Procedures. The JAGRC may adopt such other policies and 

procedures as it deems necessary or convenient to govern its affairs and which are 

consistent with this Chapter. Policies and procedures promulgated by the JAGRC shall 

be effective upon approval of the JAGRC. 

Section 7. Gaming Licenses - General. 

a. Persons Required to be Licensed. All gaming licenses must be issued by the 

JAGRC before a person can engage in the activity requiring such license, or before a gaming 

facilizy may be used for any gaming activity, or before a gaming device may be used therein. 

Each of the following persons shall be required to have and display prominently, or display upon 

request, an appropriate, valid, and current Jicarilla Apache Gaming License issued pursuant to 

the provisions of this Chapter: 

1. Gaming Facilities; 

2. Primary Management Officials, Key Employees and All Other 

Employees: 

3. Gaming Vendors; 

4, Non-Gaming Vendors; 

5. Gaming Devices; and 

6. Charitable Class I1 Gaming. 

b. Persons not Eligible to be Licensed. 

I. General Requirements. The JAGRC may not issue a license to any person 

who. based on reliable information, the JAGRC determines in its sole discretion: 

A. Has provided materially false or misleading statements to the 

JAGRC andlor the NIGC, or has omitted material information from his or her 

application, or has rehsed to respond to all requests by the JAGRC andlor the 

NIGC for information concerning the applicant's background and activities; 

Page 1 5 of 36 
B. Has been convicted of (either by plea or by verdict) or has entered 

a plea of nolo contendre to any felony, any gaming offense, or any misdemeanor 

involving theft or conversion of property, where such conviction or plea, in the 

sole discretion of the JAGRC, jeopardizes the integrity of the Nation's gaming 

activities; 

C. Is a person whose prior activities, criminal record, if any, or 

reputation, habits, or associations pose a threat to the public interest or to the 

effective regulation and control of gaming, or create or enhance the dangers of 

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

gaming, any management contract or gaming operation, or the carrying on of the 

business and financial arrangements incidental thereto; or 

D. Has attempted to interfere or to influence, andor has interfered 

and/or influenced, unduly for gain or advantage, any decision or process of the 

JAGRC ox the government of the Nation relating to gaming. Undue influence 

means the use of bribery, blackmail, intimidation, threats of violence, or other 

improper means to influence governmental actions of the Nation. Nothing in this 

section shall be interpreted as preventing a person from expressing their opinions 

to and consulting with members of the Nation's government, or from responding 

to inquiries or requests from the JAGRC or the Legislative Council. 

2. Primary Management Officials, Key Employees and JAGRC 

Cammissioners. The JAGRC may not issue a license to any primary management 

official or key employee who, based on reliable information, the JAGRC determines in 

its sole discretion: 

A. Is not eligible to hold a license in accordance with subsection 

(b)(1) above; 

B. Has any direct financial interest in, or management responsibility 

for, any gaming related contract with the Nation or any gaming activity; 

C. Has any direct financial interest in, or management responsibility 

for. any management contract with the Nation; 

D. Is a key employee of my gaming vendor, including but not limited 

to slot machine suppliers and table game suppkrs; 

E. Has been convicted of (either by plea or by verdict} any 

misdemeanor involving dishonesty, violence or moral turpitude (which shall not 

include driving under the influence of alcohol, but shall include offenses such as 

fraud. blackmail, robbery and perjury) within the preceding five years of the date 

of the application for license; 

Page 16 of 36 
F. Has promoted, played or participated in any gaming activity that 

the person knew or should have known was being operated in violation of tribal or 

other applicable law; 

G. Has ever been denied a license by any governmental entity 

engaged in the regulation of gaming activity for a material season, except where 

the denial was based on a technical deficiency that was subsequently corrected by 

the applicant; 

H. Has been known to associate with known criminals or with persons 

reliably believed by law enforcement agencies to be engaged in compt or 

criminal activities, or with persons identified by the NIGC or any other gaming 

regulatory agency as being disqualified from gaming activity; 

I. Has violated the Gaming Ordinance or any associated regulations, 

or any federal laws or regulations related to Indian gaming; or 

J. Has engaged in any other activity or omission that, in the sole 

discretion of the JAGRC, renders the person ineligible for a gaming license. 

c. Gaming License is a Privilege Not a Right. A gaming license is a revocable 

privilege. and no holder thereof shall be deemed to have acquired any vested right (property or 

other) therein or thereunder. The burden of proving qualifications to hold any license rests at all 

times on the licensee. The JAGRC may in its sole discretion require that any person obtain a 

gaming license at any time. 

d. A~reernento Comply with A11 Applicable Law. Acceptance of a gaming license 

or renewal thereof constitutes an agreement on the part of that person to be bound by all 

regulations and policies and procedures of the JAGRC, as well as any other applicable law, as 

the same now are or may hereafter be amended or promulgated. It is the responsibility of the 

licensee to keep informed of the content of all such laws, regulations and policies and 

procedures, and ignorance thereof will not excuse any violation. 

e. Licensing Fees. Each application for a gaming license, including renewals, shall 

be accompanied by payment of the appropriate fee. The JAGRC shall by regulation establish 

procedures governing the payment and collection of such fees, including the amount of the same. 

Such procedures shall also require the payment of a deposit for all background investigations and 

shall require that all applicable fees and costs be received by the JAGRC before the gaming 

license can be issued. Should actual costs incurred by the JAGRC for a background 

investigation exceed the amount deposited, those additional costs shall be assessed to the 

applicant during the investigation process, provided that in such cases the JAGRC shall submit a 

detailed billing of such costs and an explanation as to why such excess costs were incuned. 

1. Deposit of Funds. All funds received by the JAGRC, including without 

limitation, license application fees, background investigation fees and civil penalties, 

Page 17 of 36 
shall promptly be deposited in the Treasury accounts of the Nation following receipt by 

the JAGRC. 

2. Waiver of Fee. The JAGRC may, upon a finding of good cause. waive 

any fee under this Chapter. 

f. Temporarv Licenses. The JAGRC may issue a temporary license to any applicant - 

upon the completion of an appropriate application and the payment of my applicable fees. The 

applicant may begin working at my gaming facility after receiving a temporary license from the 

JAGRC. Temporary licenses shall remain in effect for ninety (90) days, or until one of the 

following occurs, at which time the temporary license must be surrendered: 

1 . A gaming license is issued; 

2. The person is deemed unsuitable or ineligible to be licensed; or 

3. The person's employment or relationship with the Nation is terminated. 

g. Duration, Renewal and Loss of a Gaming License. 

1. Duration of a Gaming License. Any license issued by the JAGRC shaI1 be 

effective for one (1) year from the date of issuance. 

2. Renewal of a Gaming License. An appIicanr for renewal who has 

submitted the required application and any other information required by the JAGRC at 

least sixty (60) days before the expiration of his or her license may continue to be 

employed under the expired license or until final action is taken on the renewal 

application by the JAGRC or, if required by IGRA, the NIGC. Applicants for renewal of 

licenses shall provide updated material and information as requested on the appropriate 

renewal forms, but shall not be required to resubmit historical data already provided or 

othenvise available to the JAGRC. 

3. Denial of a Gaming License. Any person who is denied a gaming license 

may request a hearing before the JAGRC by submitting a written request for a hearing 

with the JAGRC within fourteen (14) calendar days after receiving a notice of denial. 

This deadline may be extended at the discretion of the JAGRC. The request for a hearing 

and events occurring thereafter shall be governed by Section 1 1 (c) of this Chapter. 

4. Sus~ension of a Gaming License. The JAGRC may immediately suspend 

a gaming license if in its sole discretion it determines that immediate suspension is 

warranted in order to protect the public interest, the effective regulation and controI of the 

Nation's gaming activities, or the safe, fair and honest operation and conduct of the 

Nation's gaming activities. Additionally, the JAGRC must suspend the license of a key 

employee or primary management official upon receipt of notice from the NlGC that the 

person is no longer eligible for employment in that capacity. 

A. Notice of Suspension. Any time the JAGRC decides to suspend a 

gaming license, a written notice of suspension must be provided immediately to 

Page 18 of 36 
the affected person. The notice of suspension shall state the reasons for the 

suspension and inform the affected person of their right to submit a written 

request for a hearing on the suspension before the JAGRC. The notice of 

suspension shall also state that any request for a hearing concerning the 

suspension of a gaming license must be submitted to the JAGRC within fourteen 

(14) calendar days after receipt of the notice or the person's license shall 

automatically be revoked. Revocation under these circumstances shall be deemed 

n finaI action of the JAGRC appealable under Section 1 1 (c)(5) of this Chapter. 

B. Hearing. Where a timely request for a hearing is made concerning 

the suspension of a gaming Iicense, the JAGRC shall set a hearing date, which 

shall be no later than fourteen (14) calendar days after receipt of the request for a 

hearing, unless upon a showing of good cause by either the JAGRC or the person 

making the request, an extension is grm~ed. In the event such a hearing is not 

held within thirty (30) calendar days, the suspension will automatically be deemed 

to be discharged. Except as otherwise provided in this subsection, the request for 

a hearing and events occurring thereafter shall be governed by Section IlCc) of 

this Chapter. 

h. Record Retention. The JAGRC shall retain all records pertaining to n person's 

license application, background investigation, if appIicabIe, md any related matters, for no less 

than three (3) years following the date of termination of the applicant's employment, and shall 

make such records available for inspection by the NIGC pursuant to lawful requests submitted to 

the JAGRC. The JAGRC by regulation may impose additional record retention requirements, 

consistent with this Chapter. 

Section 8. Gaming Licenses - Issuance. 

a. Gaming Facilities. Each gaming facility shall be separately licensed by the 

JAGRC as provided in this Chapter and in any applicable regulations or policies and procedures 

of the JAGRC. No license shall be required for class I gaming. 

1. Content of Apdication. Each applicant for a license for a gaming facility 

shall submit a completed application to the JAGRC. Such application shall include all 

items required by the JAGRC in any applicable regulations, including but not limited to 

the following: 

A. Documentation demonstrating that the facility complies with any 

and all applicable building codes and other public safety, health, and 

environmental laws or regulations; and 

B. A copy of any proposed or approved management contract with the 

Nation. 

Page 19 of 36 
2. grant in^ of License. The JAGRC may, in its sole discretion, issue a 

gaming license to a gaming facility at any time after it determines that the application is 

complefe, that the gaming facility is eligible to hold a license under this Chapter, and that 

all other applicable requirements have been satisfied. In the event the JAGRC denies the 

ap'plication, the applicant shall be informed of the right to appeal this decision as 

provided by this Chapter. 

b. Primary Management Officials, Key EmpIorees and All Other Emplovees. All 

primary management officials and key employees shall be subject to background investigation 

and licensed by the JAGRC as provided in this Chapter and in any applicable regulations or 

policies and procedures of the JAGRG. All other employees of the gaming facility and the 

gaming operation shall be licensed by the JAGRC as provided in this Chapter. 

1. Content of Application. Each person applying for a license as a primary 

management official, key employee, or other employee of the gaming facility or the 

gaming dperation, shall submit a completed application indicating the type of gaming 

activity (class I1 or class I11 or both) for which the Iicense is sought and any other 

information required by the JAGRC, including but not limited to the following: 

A. Full name, other names used (oral or written), social security 

number(s). birth date, place of birth, citizenship, gender, all Eanguages (spoken or 

written); 

B. Currently and for the previous five (5) years: business and 

employment positions held, ownership interests in those businesses, business and 

residence addresses, and driver's license number(s); 

C. The names and current addresses of at least three (3) personal 

references, including one (1) personal reference who was acquainted with the 

applicant during each period of residence during the previous five (5) years; 

D. Current business and residence telephone number(s); 

E. A description of any existing or previous business relationships 

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

F. A description of any existing or previous business relatiomhips 

with the gaming industry generally, including ownership interests in those 

businesses; 

G. 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, 

whether or not such license or permit was granted; 

Page 20 of 36 
H. For each felony for which there is an ongoing prosecution or a 

conviction, the charge, the name and address of the court involved, and the date 

and disposition if any; 

I. For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) within ten (10) years of the date 

of the application. the name and address of the court involved and the date and 

disposition ("minor traffic violation" means any violation of law governing the 

operation of a motor vehicle, if the violation does not invoIve personal injury to 

any person or property damage in excess of $1,000.00) 

J. For each criminal charge (excluding minor traffic violations) 

whether or not there is a conviction, if such criminal charge is within ten (10) 

years of the date of the application and is not otherwise required to be disclosed, 

the criminal charge, the name and address of the court invoIved and the date and 

disposition; 

K. The name and address of any licensing or regulatory agency with 

which the person has filed an application for an occupational license or permit, 

whether or not such Iicense or pemit was granted; 

L. A current photograph; 

. Any other information the JAGRC deems relevant; 

N. Fingerprints taken by the licensing department of the JAGRC, 

Jicarilla Apache Police Department or any other law enforcement agency 

approved by the JAGRC, and that are consistent with procedures adopted by the 

Nation in accordance with 25 C.F.R. § 522.2@); and 

0. The application form shall include the Privacy .4ct notice required 

by 25 C.F.R. §556.2(a) and the notices concerning false statements required by 25 C.F.R. 

8556.3Ca). The JAGRC shall notify any key employee or primary management official 

who has not completed an application containing both the Privacy Act and false 

statement notices that they shall either complete a new application that contains both the 

Privacy Act and false statement notices, or sign a statement that contains the Privacy Act 

and false statement notices and consent to the routine uses described in that notice. 

2. Financial Disclosures of Primary Management Officials and Kev 

Ern~lo~ees. Each applicant for the position of primary management oMiciaP or key 

employee shall provide a financial statement, in the form adopted by the JAGRC, 

including his or her income for the previous five (5) years and the sources of that income, 

as well as a11 assets and debts of the applicant at the time of appIication. The financial 

statement shall include copies of a11 federal income tax returns filed by 'the applicant 

during the previous five (5) years. 

Page 21 of 36 
3. Mandatory Backmound Investigation of Primarv Management Oficials 

and Kev Employees. Upon receipt of a completed application for a primary management 

officjnl or key employee and the license fees required under this Chapter, the JAGRC 

shall conduct or cause to be conducted a background investigation in accordance with 

Section 9 of this Chapter. The JAGRC, in its sole discretion, may conduct a background 

investigation at any time of my person applying for or holding a Iicense under this 

Chapter. 

4. Granting of License. The JAGRC may, in its sole discretion, issue a 

gaming license to a primary management official, key employee or other employee of the 

gaming facility or the gaming operation at any time after it determines that the 

application is complete, that the person is eligible to hold a Iicense under this Chapter, 

and that all other applicable requirements have been satisfied. In the event the JAGRC 

denies the application, the applicant shall be informed of the right to appeal this decision 

as provided by this Chapter. 

5. Minors. Each person applying for a license as a primary management 

official, key employee, or other employee of the gaming facility or the gaming operation, 

and who is under the age of twenty-one (21) years, shall submit a completed application 

in the same form as that required of other persons applying for such a license, however 

any license granted shall clearly identify the person as a minor. 

6. Identification Cards. The JAGRC shall require all primary management 

officials, key employees and other employees of the gaming facility to wear identification 

cards issued by the JAGRC which shall include at a minimum the employee's 

photograph, first and last name, license number, signature, type of gaming authorized 

(class I1 or cEass I11 or both) and date of expiration. 

c. Gaming Vendors. All gaming vendors shall be subject to background 

investigation and licensed by the JAGRC as provided in this Chapter and in any applicable 

regulations or policies and procedures of the JAGRC. 

1. Content of Application. The application for any person proposing to sell, 

lease or otherwise provide any gaming device or gaming-related services for use on 

Jicarilla Apache lands shall contain the foIlowing information: 

A. Full name, other names used (oral or written), social security 

number(s), birth date, place of birth, citizenship, gender, residence and business 

addresses, and driver's license number(s) of the person or entity making the 

application; 

B. The name(s) and residence and business addresses of all interested 

parties (including those with a direct or indirect financial interest) and their 

interest and connection with the applicant; 

C. The type of activity to be engaged in under the license; 

Page 22 of 36 
D. For each person identified in subsections (A) and (B) above, the 

following information: 

I. For each felony for which there is an ongoing prosecution 

or a conviction, the charge, the name and address of the court involved, and the 

date and disposition if any; 

. . 

11. For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) within ten (10) years of the date 

of the application, the name and address of the court involved and the date and 

disposition ("minor traffic violation" means any violation of law governing the 

operation of a motor vehicle, if the violation does not involve personal injury to 

any person or property damage in excess of $1,000.00); and 

. .* 

111. For each criminal charge (excluding minor traffic 

violations) whether or not there is a conviction, if such criminal charge is within 

ten (10) years of the date of the application and is not otherwise required to be 

disclosed, the criminal charge, the name and address of the court involved and the 

date and disposition; 

E. The applicant's history of licensme as a manufacturer of gaming 

devices andor equipment in my state in which the applicant has been or is 

currently licensed as a valid manufacturer. Such history shall include dates that 

licenses were granted, revoked, w suspended and the reasons for any revocation 

or suspension; 

F. A statement authorizing the Nation to conduct a background 

investigation of the applicant and any other person identified in subsections (A) 

and (B) above; 

G. The application form shall include the Privacy Act notice required 

by 25 C.F.R. 9 556.2(a) and the notices concerning false statements required by 

25 C.F.R. $ 556.3(a); and 

H. Any other information the JAGRC deems relevant. 

2. Mandatory Background Investigation of Gaming Vendors. Upon receipt 

of a completed application for a gaming vendor and the license fees required under this 

Chapter, the JAGRC shall conduct or cause to be conducted a background investigation 

in accordance with Section 9 of this Chapter. The JAGRC, in its sole discretion, may 

conduct a background investigation at any time of any person applying for or holding a 

license under this Chapter. 

3. Granting of License. The JAGRC may, in its sole discretion, issue a 

gaming license to a gaming vendor at any time after it determines that the application is 

Page 23 of 36 
complete, that the person is eligible to hoId a license under this Chapter, and that all other 

appficable requirements have been satisfied. In the event the JAGRC denies the 

application, the applicant shall be informed of the right to appeal this decision as 

provided by this Chapter. 

d. Non-Gaming Vendors. All non-gaming vendors shall be subject to registration, 

background investigation andlor licensing by the JAGRC as provided in this Chapter and in any 

applicable regulations or policies and procedures of the JAGRC. 

1. Non-Gaming Vendors of less than $20,000 muallv. All non-gaming 

venders must register with the JAGRC by completing the appropriate form designated by 

the JAGRC. Such form may be completed by the person seeking such license, or where 

deemed appropriate by the JAGRC, by another person on their behalf. Such form shall at 

a minimum identify a11 employees andor subcontractors that may be providing such 

goods and services to the Nation on Jicarilla Apache lands. 

2. Non-Gaming Vendors of $20,000 or more annuallv. The application for 

my person wishing to sell, lease, or otherwise provide any goods or services to a gaming 

facility or gaming operation (other than any gaming device or gaming-related services) in 

an amount exceeding $20,000 annually for use on Jicarilla Apache lands shall contain the 

following information: 

A. Full name, other names used (oral or written), social security 

nurnber(s), birth date, place of birth, citizenship, gender, residence and business 

addresses, and driver's Iiicense nurnber(s) of the person or entity making the 

application; 

B. The type of activity to be engaged in under the license; 

C. For each person identified in subsection (A) above, she following 

information: 

i. For each felony for which there is an ongoing prosecution 

or a conviction, the charge, the name and address of the court involved, and the 

date and disposition if any; and 

. . 

ri. For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) within ten (10) years of the date 

of the application, the name and address of the court involved and the date and 

disposition ('hinor Mic violation'heans any violation of law governing the 

operation of a motor vehicle, if the violation does not involve personal injury to 

any person or property damage in excess of $1,000.00); 

D. The application form shall include the Privacy Act notice required 

by 25 C.F.R. 5 556.2(a) and the notices concerning false statements required by 

25 C.F.R. 8 556.3(a); and 

Page 24 of 36 
E. Any other information the JAGRC deems relevant. 

3. Granting of License. The JAGRC may, in its sole discretion. issue a 

gaming license to a non-gaming vendor at any time after it determines that the application 

is complete, that the person is eligible to hold a license under this Chapter, and that all 

other applicable requirements have been satisfied. In the event the JAGRC denies the 

application, the applicant shall be informed of the right to appeal this decision as 

provided by this Chapter. 

4. JAGRC may Require License at any Time. The JAGRC may in its sole 

discretion require that any nen-gaming vendor obtain a license at any time for any season, 

regardless of the amount of goods or services provided in any given year. 

5. Waiver of Requirements. The JAGRC may in its sole discretion waive 

any requirement regarding the licensing and payment of fees by non-gaming vendors, 

except that all non-gaming vendors must at a minimum register with the JAGRC. 

e. Gaming Devices. Each gaming device shall be licensed by the JAGRC as 

provided in this Chapter and in any applicable regulations or policies and procedures of the 

JAGRC, and shall be inspected and certified for proper operation at least annually by an 

inspector approved by the JAGRC. 

1. In addition to any other license required by this Chapter, an annual nontransferable license shall be required for each gaming device to be placed in a gaming 

facility located on Jicarilla Apache land. The application shall contain the following 

information: 

A. The name and address of the applicant; 

B. Identification numbers or codes for each gaming device to be 

placed in n gaming facility, including the manufacturer, the serial number and 

model number; 

C. Proof of approval and certification of the machine by an approved 

gaming test laboratory or proof that the gaming device conforms precisely to the 

exact specifications of the gaming device prototype tested and approved by the 

gaming test laboratory; 

D. Any other information required by law or deemed relevant by the 

JAGRC. 

2. Granting of License. The JAGRC may, in its sole discretion, issue a 

gaming license to a gaming device at any time after it determines that the application is 

compIete, that the gaming device is eligible to hold a license under this Chapter, and that 

a11 other applicable requirements have been satisfied. In the event the JAGRC denies the 

Page 25 of 36 
application, the applicant shall be informed of the right to appeal this decision as 

provided by this Chapter. 

f. Charitable Class I1 Gaming. Individually owned class I1 gaming that is conducted 

exclusively for the benefit of charitable organizations, shall be licensed by the JAGRC as 

provided in this Chapter and in any applicable regulations or policies and procedures of the 

JAGRC, and shall only be conducted to the extent that it is consistent with the requirements of 

IGRA md any applicable NIGC regulations. 

Section 9. Gamine: Licenses - Backmound Investigations. 

a. Background Investigations of Key Employees and Primary Mana~ernent 

Officials. Upon receipt of a completed application for a key employee or primary management 

official and the license fees required under this Chapter, the JAGRC shall conduct or cause to be 

conducted a background investigation sufficient to make a determination of eligibiIity under this 

Chapter. Such background investigation shaIl be completed in accordance with policies and 

procedures of the JAGRC and shall include at a minimum the foIlowing requirements: 

1. The performance of background investigations and the issuance of gaming 

licenses shall be in accordance with requirements at least as stringent as 25 C.F.R. Parts 

556 and 558; 

2. In conducting any background investigation, the JAGRC and all agents of 

the Nation who participate in the investigation shall keep the identity of each person 

interviewed in the course of the investigation confidential; 

3. When a key employee or primary management official is employed by the 

Nation, the JAGRC shall forward a completed application containing the information and 

notices required by EGM and regulations of the NIGC to the NIGC and the New Mexico 

Gaming Control Board; 

4. When a key employee or primary management official is employed by the 

Nation, the JAGRC shall forward fingerprints, and my other information required for a 

criminal history check, to the NIGC and the New Mexico Gaming Control Board for 

processing through the Federal Bureau of Investigation to determine the applicant's 

criminal history, if any; 

5. The JAGRC shall verify or cause to be verified by winen or oral 

communication all information submitted by applicants as part of their license 

application; and 

6. Upon completion of the necessary background investigation, including the 

verification of application information and the interview of references, the JAGRC shall 

review the applicant's prior activities, criminal record, if any, and reputation, habits and 

associations, to make a finding concerning eligibility for a license under the standards 

Page 26 of 36 
established by this Chapter. The JAGRC may require drug testing of the applicant and 

may require any applicant who tests positive to submit additional medical records ta 

substantiate eligibility for a license. 

b. Reports Concerning Backuound Investigations of Key Employees and Primary 

Management Officials. 

1. Applicant Determined Ineligible for Gaming License. If the JAGRC 

determines the applicant is not eligible for employment as a key employee or primary 

management official, the JAGRC shall send the applicant a statement setting forth the 

grounds for denial and the applicant shall be- informed of the right to appeal this decision 

as provided by this Chapter. A copy of such statement and the investigative report, if 

any, shall be sent to the NIGC and the New Mexico Gaming Control Board. 

2. Applicant Determined Eligible for Gaming License. Upon completion of 

a background investigation and a determination of eligibility for employment as a key 

employee or primary management official, the JAGRC shalI forward an investigative 

report to the NIGC and the New Mexico Gaming Control Board within 60 days after an 

employee begins work. The investigative report shall include the following information: 

A. Steps taken in conducting the background investigation; 

B. Results obtained; 

C. Conclusions reached; 

D. The bases for those conclusions; and 

3. Additional Questions or Failure to Obiect. If, within the 30-day period 

after the NIGC andlor the New Mexico Gaming Conrrol Board receives the JAGRC7s 

investigative report and determination of eligibility, the NIGC andlor the New Mexico 

Gaming Control Board notifies the JAGRC that it has no objection to the issuance of a 

license to the person identified in the report, the JAGRC may issue the license to the 

applicant if all requirements of this Chapter have been met. If the NIGC andor the New 

Mexico Gaming Control Board requests additional information regarding an applicant, 

the JAGRC shall supply the requested information. If the NIGC and/or the New Mexico 

Gaming Control Board requests additional information regarding an applicant, the 

running of the 30-day period shall be suspended until the NIGC receives the requested 

additional information. 

4. Obiections. If, within the 30-day period after the NIGC and/or the New 

Mexico Gaming Control Board receives the JAGRCYs investigative report and 

determination of eligibility, the NZGC and/or the New Mexico Gaming Control Board 

notifies the JAGRC of its objections to the issuance of a license to the person identified in 

Page 27 of 36 
the report, the JAGRC shall reconsider its determination of eligibility for employment, 

taking into account the objections stated by the NIGC and/or the New Mexico Gaming 

Control Board. After such reconsideration, the JAGRC may issue the license to the 

applicant if all requirements of this Chapter have been met. 

5. Limitation on Employment. A gaming facility may nor employ a key 

employee or primary management official who does not have a license after 90 days. 

c. Background Investigations of Gaming Vendors. Upon receipt of a completed 

application for a gaming vendor and the license fees required under this Chapter, the JAGRC 

shall conduct or cause to be conducted a background investigation sufficient to make a 

determination of eligibility under this Chapter. Such background investigation shall be 

completed in accordance with policies and procedures of the JAGRC. 

d. Background Investigations of all Persons other than Key Employees, Primary 

Management Oficials and Gaming Vendors. The JAGRC, in its sole discretion, may at any time 

conduct a background investigation of any person applying for or holding a license under this 

Chapter. 

Section 10. Prohibited Acts. 

a. It shall be a violation of this Chapter for any person to violate any provision 

contained herein, or for any person to take, whether knowingly or otherwise, any of the 

following actions: 

1. To engage in my activity requiring a license under this Chapter, if the 

person does net currently hold a valid license. 

2. To conduct or participate in any gaming activity on Jic{illa: Apache lands 

other than at an authorized and licensed gaming facility. 

3. To knowingly entice or induce another to go to any place where gaming is 

being conducted or operated in violation of the provisions of this Chapter, IGRA, a 

Compact, or other applicable law and regulation with the intent that the other person play 

or participate in that gaming. 

4. To receive, distribute, apply or divert any property, funds, proceeds, assets 

or other thing of value from any gaming activity to the benefit of any person except as 

authorized by this Chapter, a Compact, or IGRA. 

5. To tamper with any gaming device or equipment used in the conduct of 

any gaming activity with the intent to cause any person to win or lose any wager other 

than in accordance with the publicly announced rules of the gaming facility. 

Page 28 ef 36 
6. To do any other act in connection with the conduct of any gaming activity 

with the intent to affect the outcome of any wager other than in accordance with the 

publicly announced rules of such gaming facility. 

7. To alter or missepresent the outcome of any event on which wagers have 

been made after the ouEcome is made sure but before it is revealed to the players. 

8. To place, increase or decrease a bet or to determine the course of play 

after acquiring knowledge, not available to all players, of the outcome of the game or any 

event that affects the outcome of the game or which is the subject of the bet or to aid 

anyone in acquiring such knowledge for the purpose of placing, increasing or decreasing 

a bet or determining the course of play contingent upon that event or outcome. This 

indudes past-posting, pressing, and pinching bets. 

9. To claim, collect or take, or attempt to claim, collect or take money or 

anything of value in or from a gaming device or equipment, with intent to defraud, 

without having made a wager thereon, or to claim, collect or take an amount greater than 

the amount won. 

10. To manipulate, with the intent to cheat, any component of a gaming device 

in a manner contrary to the designed and normal operational purpose for the component, 

including, but not limited to manipulating a gaming device, with knowledge that the 

manipulation affects the outcome of the game or with knowledge of any event that affects 

the outcome of the game. 

11. Knowingly to use other than coins or tokens approved by the JAGRC or 

other lawful coin, legal tender of the United States of America, or to use a coin not of the 

same denomination as the coin intended to be used in the gaming device. 

12. To possess, with the intent to use, any device to assist in projecting the 

outcome of the game, in keeping track of the cards played, in analyzing the probability of 

the occurrence of an event relating to the game, or in analyzing the strategy for playing or 

betting to be used in the game. 

13. To use any device or means to cheat, or to possess any such device while 

at the gaming facility. 

14. To take any other action or omission that in the sole discretion of the 

JAGRC is determined to be a violation of this Chapter. 

Section 11. Enforcement. 

a. Jurisdiction. The JAGRC shall have full jurisdiction to enforce this Chapter to the 

fullest extent permitted by the laws of the Nation and any other applicable law. 

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b. Enforcement Action. Any person found to be in noncomplimce or violation of 

my requirement of this Chapter shalI, at the discretion of the Director of Compliance Inspectors, 

be issued a notice of noncompliance. 

1. Notice of Noncompliance. A notice of noncompliance shall inform the 

person of the nature of the noncompliance or violation, and may include any enforcement 

action(s) deemed proper by the Director of Compliance Inspectors, including but not 

limited to the following: 

A. Suspension or revocation of any license issued under this Chapter. 

B. Issuance of an order requiring the person to come into compliance 

with this Chapter and/or to cease committing the violation. 

C. Imposition of a civil penalty as authorized by this Chapter. 

D. Issuance of an order requiring seizure of property as authorized by 

this Chapter. 

E. Issuance of an order closing the premises at which the 

noncompliance or violation is taking place. 

F. Issuance of an order suspending or terminating the employment 

and/or association of any person at a gaming facility. 

G. Issuance of an order excluding any person from a gaming facility. 

H. Issuance of an order excluding any nonmember of the Nation 

from Jicarilla Apache lands. 

2. Deadline for Compliance. The notice of noncompliance shall specify the 

date by which the person must cure the noncompliance or violation and pay any civil 

penalty. The Director of Compliance Inspectors shall set the deadline for compliance at 

no later than thirty (30) calendar days from the date of the notice. 

3. Service of Notice of Noncompliance. The notice of nsncornpliance shall 

be personally served on the person alleged to be in noncomplimce or violation, or shall 

be mailed, return receipt requested, to the person's last known address. Service shall be 

deemed to be received either on the date of personal service or on the date assigned to the 

return receipt. 

4. Request for Additional Time. Any person served with a notice of 

noncompliance may, before the deadline for compliance, request additional time to: (1) 

commence actions necessary to cure the noncompliance or violation, (2) pay any civil 

penalty, and/or (3) complete actions necessary to cure the noncompliance or violation. 

Such request must be made in writing to the Director of Compliance Inspectors. The 

Page 30 of 36 
Director of Compliance Inspectors shaEI in his or her sole discretion grant or deny such 

request. 

c. Right to a Hearing Before the JAGRC. Any person served with a notice of 

noncompliance or otherwise aggrieved by the JAGRC (with the exception of decisions regarding 

gaming licenses which are provided for in Section J(g) of this Chapter), may request a hearing 

before the JAGRC by submitting a written request for hearing. Mere the person was served 

with a notice of noncompliance, such request must be submitted to the JAGRC on or before the 

deadline for compliance specified in the notice; provided that, if the compliance date is less than 

five (5) calendar days following receipt of notice, the person shall have ten (10) calendar days 

from receipt of the notice to submit the request. All other requests for a hearing must be 

submitted to the JAGRC within fourteen (14) calendar days of the occurrence of the action by 

which the person alleges to have been aggrieved. 

1. Content of the Request for a Hearing. Any request for a hearing before 

the JAGRC must be made in writing and include the reasons for such request. Any 

request for a hearing may be accompanied by information relevant to the reason for the 

appeal. 

2. Stav of Pavrnent. Filing a request for a hearing shall stay the due date for 

payment of any civil penalty, but shdE not othenvise stay the effectiveness of any 

enforcement action unless the JAGRC orders a stay to that effect. 

3. Hearing. Where a timely request for a hearing is made, the JAGRC shall 

set a hearing date, which shall be no later than thirty (30) calendar days after receipt of 

the request for a hearing, unless upon a showing of good cause by either the JAGRC or 

the person making the request, an extension is granted. During such hearing, the person 

making the request shall be afforded an opportunity to appear and be heard before the 

JAGRC, either in person or through a representative or legal counsel, and to submit such 

evidence as the JAGRC deems relevant to the matter at issue. 

4. Final Order. The JAGRC shall investigate the allegations as it deems 

necessary and shall issue a final order within 60 (sixty) calendar days of any hearing. 

The JAGRC shall notify the NIGC of any decision to revoke or reinstate the gaming 

license of a primary management official or key employee. 

5. Appeal. Any person aggrieved by a final order of the SAGRC may file a 

request for a rehearing with the JAGRC. Any such request must be made in writing, 

include the reasons for such request, and be filed with the JAGRC within sixty (60) 

calendar days of the final order of the JAGRC. Where a timely request for rehearing is 

made, the JAGRC shall set a hearing date, which shall be no later than thirty (30) 

calendar days after receipt of the request for rehearing, unless upon a showing of good 

cause by either the JAGRC or the person making the request, an extension is granted. 

During such rehearing, the person making the request shall be afforded an opportunity to 

appear and be heard before the JAGRC, either in person or through a representative or 

Page 31 of 36 
legal counsel, and to submit such evidence as the JAGRC deems relevant to the matter at 

issue. The decision of the JAGRC after rehearing shall be find and not subject to review. 

d. Seizure of Property. 

1. Grounds for Seizure. Any property or interest therein in actual or 

constructive possession of a person that has violated or is violating any provision of this 

Chapter or of a license issued under this Chapter, and used in connection with that 

violation, may be seized and held to secure payment of a civil penalty or to be forfeited as 

provided in Section I 1 (el of this Chapter. Seizure under this subsection shall not require 

proof that the owner of the property or the interest therein participated in, had knowledge 

of, er consented to the illegal use of the property. 

2. Persons Authorized to Seize Propertv. Property subject to seizure under 

this subsection may be seized by any police officer of the Nation upon: (1) issuance of a 

notice of noncompliance by the Director of Compliance Inspectors; and (2) the written 

determination by the Director of Compliance Inspectors that the seizure is necessary to 

protect the integrity of the Nation's gaming activity. 

7 

3. Custody of Seized Propem. Property seized under this subsection shall be 

held in the custody of the Police Department of the Nation, subject only to the orders of 

the Trial Court, including without limitation orders for sale of the property at public 

auction to collect any civil penalty assessed under this Chapter and orders issued in a 

forfeiture proceeding. 

4. Release of Proper@. Unless a forfeiture proceeding concerning property 

seized under this subsection is initiated pursuant to Section 1 l(e) of this Chapter, such 

property shaIl be released to its owner upon the earliest of the following: 

A. Thirty (30) days after seizure of the property; 

B. Payment of the civil penalty for which the property was seized as 

security; or 

C. Upon a finding by the Trial Court that such civil penalty is not 

proper. 

e. Civil Forfeiture Proceedinns. 

1. Within thirty (30) days after seizing property pursuant to this section, the 

JAGRC may initiate an in sem judicial forfeiture proceeding against the seized property. 

The forfeiture complaint shall describe with reasonable specificity the propm at issue 

and the basis for forfeiture. 

2. The Trial Court shall give written notice of forfeiture proceedings to all 

known or reasonably ascertained persons with an interest in the seized property, 

Page 32 of 36 
including any lien interest. All such persons shall answer the complaint and file any 

adverse claim to Ithe property within thirty (30) days after notice is given. 

3. Upon notice to all interested persons, the Trial Court shall conduct a 

hearing to adjudicate whether the property and/or any know interests therein have been 

forfeited to the Nation, and shall enter an appropriate judgment. The court may deny 

forfeiture of an interest in property if the owner of the interest proves that he or she did 

not participate in, have knowledge of, or consent to the illegal use of the property; or that 

he or she took all reasonabIe measures to prevent the illegal use of the property; or that 

the person committing the violation obtained possession of the property without his or 

her consent. 

4. Property forfeited to the Nation and proceeds from the sale thereof shall be 

retained by the Nation and used to equip and finance enforcement activities under this 

Chapter. 

f. Civil Penalties. The JAGRC is empowered to impose civil penalties for 

violations of this Chapter in amounts to be established by regulations adopted by the JAGRC and 

approved by the Legislative Council, but not to exceed Ten Thousand Dollars ($1 0,000.00) per 

violation per day the violation continues. 

Section 12. Jurisdiction of the Jicarilla Apache Courts. 

The courts of the Nation shall have jurisdiction, to the extent not inconsistent with this 

Chapter or federal law, over all violations of this Chapter and over all persons who are licensed 

pursuant to this Chapter, including agents, employees, owners, directors, and officers of an 

license holder, and may, in addition to the penalties prescribed above, grant such other legal and 

equitable relief as is necessary and proper for the enforcement of this Chapter and of the 

provisions of any management contract entered pursuant to this Chapter, including but not 

limited to injunctive relief against acts in violation thereof. 

The Nation does not in any way waive its sovereign immunity from suit in any court to 

contest the validity of this Chapter. 

Section 14. Service of Process. 

The Nation hereby designates as its agent for the service of any offlcii determination, 

order or notice of violation, the President of the Nation, Post Ofice Box 507, Dulce, New 

Mexico 87528, with a copy to the Chair of the JAGRC, Post Office Box 740, Dulce, New 

Mexico 87528. The NIGC shall be informed of any change in this designation within ten (1 0) 

days of such change. 

Page 33 of 36 
Section 15. Management Contracts. 

a. Application. This section shall only appiy to management contracts that are 

subject to NIGC approval under IGRA. A management contract with a Section 17 entity that is 

wholly owned and conrolled by the Nation is not subject to NIGC Approval under IGRA. 

b. Approval. No management contract, and no modification, revision, or 

amendment thereto, shall be binding upon the Jicarilla Apache Nation unless and until it is 

approved by the Legislative Council and the NIGC. 

c. Required Provisions. Any management contract, including any modification, 

revision. or amendment thereto, shall satis@ the requirements of IGRA and any applicable NEGC 

regulations, and shall also include the following: 

1. Compliance with Applicable Tribal, Federal and State Law Required. 

Any management contract shall provide that all gaming activities covered there under 

shall be conducted in accordance with all applicable tribal, federal and state Iaw, 

including the requirements of this Chapter. 

2. Identification of Duties and Responsibilities. Any management contract 

shall identify the duties and responsibilities of each party for each identifiable function as 

set forth in IGRA and any NIGC regulations. 

3. Accounting. Any management contract shall provide for the 

establishment and maintenance of appropriate accounting systems and procedures that 

shall, at a minimum. permit the preparation of financial statements in accordance with 

generally accepted accounting principles, are susceptible to audit, and that permit the 

proper caIcuiation of fees and expenses. 

4. Reports. Any management contractor shall, at its own expense, be 

required to provide a monthly verifiable financial report to the Legislative Council, the 

JAGRC, and if required by IGICA, the Secretary of the Interior and/or the NIGC. 

5. Access. Any management contractor shall be required to allow immediate 

access to the gaming operation and gaming facilities, including its books and records, to 

individuals designated by Legislative Council resolution, the JAGRC, the Secretary of 

the Interior, andlor the NIGC, for the purposes of verifymg the daily gross revenues and 

income from any gaming activity and of verifying compliance with all appiicable Zribal, 

federal and state law. 

6. Guaranteed Minimum Payment. Any management contract shall provide 

for a minimum guaranteed monthly payment to the Nation in a sum certain that has 

preference over the retirement of any development and construction costs. 

Page 34 of 36 
7. Disputes. Any management contract shall include a mechanism to resolve 

disputes between the Nation and the management contractor. 

8. Assi~nments and Subcontracting. Any management contract shall 

indicate that assignment of rights under a management contract and subcontracting are 

not permitted unless approved by the JAGRC, the Legislative Council and the NIGC. 

9. Ownership Interest. Any change in the ownership interest in a 

management contractor shall require advance approval of the JAGRC and the Legislative 

Counci E. 

10. Prohibited Provisions. A management contract shaIl not transfer or in my 

other mmer convey any interest in Jicarilla Apache lands unless authorized by federal 

law and unless clearly specified in writing in said management contract. 

Section 16. Sererabilitv. 

In the event any section or provision of this Chapter or its application to any particular 

activity is held to be invalid, the remaining sections and provisions of this Chapter and the 

remaining applications of such section or provision shall continue in full force and effect. 

Section 17. Effect of Headin~s. 

Article and section headings contained herein shall not be deemed to govern, limit, 

modify, or in any manner affect the scope, meaning, provisions, or intent of any article or section 

of the Chapter. 

Section 18. Liberal Interwetation. 

The provisions of this Chapter, being necessary for the welfare of the Nation and its 

members, shall be construed liberally to effect the purposes and objectives hereof. 

Section 19. Amendments. 

This Chapter may be amended only by majority vote of the Legislative Council at a 

meeting at which all members of the Legislative 

t 

Council are present at the time of the vote. 

President 

Page 35 of 36 
CERTIFICATION 

The foregoing Ordinance was enacted by the Legislative Council of the JicarilIa Apache 

Nation on the 5'h day of May, 2010, by a vote of 7 for, O against, md labstuining, at a duly 

called meeting at which a quorum of the Legislative Council members were present. 

ATTEST: 

Page 36 of 36