National Indian Gaming Commission 

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NOTICE OF VIOLATION 

To: Jeffrey Houser, Chairman (Agent for Service of Process) 

Fort Sill Apache Tribe of Oklahoma 

Route 2, Box 121 

Apache, OK 73006 

FAX: (580) 588-3133 

Keith Gooday, Commissioner 

Fort Sdl Apache Gaming Commission 

P.O. Box 809 

Apache, OK 73502 

FAX: (580) 248-2344 

Robert Prince, Esq. 

632 "D" Ave 

Lawton, OK 73501 

FAX: (580) 353-6888 

1. Notification of Violation 

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

the Fort Sill Apache Tribe of Oklahoma (Respondent or Tribe), located in Apache, 

Oklahoma, is in violation of NIGC regulations for failure to submit timely quarterly fee 

statements and fee payments. 

2. Authority 

Under regulations of the National Indian Gaming Commission, the Chairman of the NIGC 

(Chairman) may issue a Notice of Violation (NOV) to any person for violation of any 

provision of the Indian Gaming Regulatory Act (IGRA), NIGC regulations, or any provision 

of a tribal gaming ordinance or resolution approved by the Chairman. 25 C.F.R. § 573.3. 

3. A~~licable Fderal and Tribal Laws 
A. 25 U.S.C. $2717(a) - IGRA mandates that the Commission shall establish a 

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

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

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

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

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

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

gaming operation on Indian lands compute quarterly statements determining the 

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

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

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

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

date. 

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

Commission the fees due each quarter with the quarterly statement. 

4. Role of Quarterlv Fees and Ouarterlv Statements 

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

the quarterly worksheets submitted by Indian gaming operations. NIGC must set a fee rate 

sufficient to fund its annual budget, yet may not exceed the fee cap set by Congress. 

Thus, it is imperative that the NIGC receive worksheets from the gaming operations in a 

timely manner so that the NIGC is able to set accurate preliminary and final fee rates. 

5. Circumstances of the Violation 

A. Respondent is a federally recognized Indian Tribe with tribal headquarters in 

Apache, Oklahoma. 

B. Respondent operated its gaming facility, Fort Sd Apache Casino, during all 

or part of the following year: 2003 & 2004. 

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

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

were received by the NIGC on January 10,2005. 

D. Pursuant to NIGC regulations, the final quarterly statement and fee payment 

for 2004 were due on December 31,2004.25 C.F.R. § 514.1 (c)(2). Quarterly 

statements and fee payments must arrive at the NIGC on or before the 

quarter ending date. 25 C.F.R. § 514.1 (c)(4). Respondent is therefore in 

violation of these regulations for failure to submit a timely quarterly 

statement and fee payment- 
6. Measures Reauired to Correct these Violations 

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

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

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

7. Appeal 

Within 30 (thuty) days after service of this Notice of Violation, Respondent may appeal to 

the full Commission under 25 C.F.R. Part 577 by submitting a notice of appeal and, if 

desired, request for hearing to the National Indian Gaming Commission, 1441 L Stteet, NW, 

Ninth Floor, Washington, DC 20005. Respondent has a right to assistance of counsel in 

such an appeal. A notice of appeal must reference this Notice of Violation. 

Within ten (10) days after filing a notice of appeal, Respondent must file with the 

Commission a supplemental statement that states with particularity the relief desired and the 

grounds therefore and that includes, when available, supporting evidence in the form of 

affidavits. If Respondent wishes to present oral testimony or witnesses at the hearing, 

Respondent must include a request to do so with the supplemental statement. The request 

to present oral testimony or witnesses must specify the names of proposed witnesses and the 

general nature of their expected testimony, whether a closed hearing is requested and why. 

Respondent may waive its right to an oral hearing and instead elect to have the matter 

determined by the Commission solely on the basis of written submissions. 

8. Fine--Submission of Information 

The violation cited above may result in the assessment of a civd fine against Respondent in 

an amount not to exceed $25,000 per violation per day. Under 25 C.F.R. § 575.5(a), 

t written information about the violation to the Chairman within 15 

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

for good cause). The Chairman shall consider any information 

surrounding the violation and the amount of the civil 

PHILIP N. HOGEN 

Chairman 

National Indian Gaming Commission 
Staff Attorney 
ATTACHMENTS NOT INCLUDED; AVAILABLE FROM 

OGC