NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VJOLATTON 

TO: Red Cliff Band of Lake Superior Chippewa 

Attn: Rose Gumoe-Soulies, Chair 

AGENT FOR SERVICE OF PROCESS 

88385 Pike Road HWY 13 

Bayfield, Wisconsin 548 I4 

FAX: (71 5) 779-3704 

Red Cliff Gaming Commission 

Lawrance Deragon, Chairman 

88385 Pike Road HWY 13 

Bayfield, Wisconsin 548 14 

FAX: (71 5) 779-3 704 

David Ujke, Tribal Attorney 

88385 Pike Road HWY 13 

BayfieId, Wisconsin 548 14 

FAX: (715) 779-3724 

Carol Cameron, Chief Compliance Officer 

Isle Vista Casino 

88385 Pike Road HWY 13 

Bayfield, Wisconsin 548 14 

FAX: (715) 779-371 5 

1. Notification of Violation 

The Cllairman of thc National Indian Gaming Commission (NIGC) hereby gives 

notice that the Red Cliff Band of Lake Superior Chippewa (Respondent or Tribe), 

located in Bayfield, Wisconsin, has violated NIGC regulations by failing to 

submit tirncly quarterly statements and fee payments for the first, second, and 

third quarters of 2008. 
Under the Indian Gaming Regulatory Act (IGRA) and NIGC regulations, the 

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

person for vioIatfon of an? provision of the IGRA. NIGC regulations. or any 

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

25 U.S.C. 5 2713; 25 C.F.R. $ 573.3. 

3. Ap~licable Federal Laws and Tribal Ordinance Provisions 

A. IGRA requires the NIGC to establish a schedule of fees to bc paid to the 

Commission annua1Iy by each gaming operation that conducts a cIass I1 or 

class IT1 gaming activity. 25 U.S.C. $2717. 

B. NIGC regulations require that each gaming operation under the 

jurisdiction of the Commission shall pay to the Commission annual fees as 

established by the Commission. 25 C.F.R. 5 5 14.1 (a). 

C. F~ch gaming operation subject to the jurisdiction ofthe Commission and 

not cxcmpt from paying fees pursuant to tl-re self-regutation provisions 

shall file with the Commission a quarterly statement showing its 

assessabIe gross revenues for the previous calendar year. 25 C.F.R. 8 

5 1 4.1 (c). 

D. The quarterly statements are due March 3 1. June 30. September 30, and 

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

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

statements shall he transmitted to the Commission and arrive no later than 

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

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

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

C.F.R. ff 514.1 (c)(S). 

F. NIGC regulations define --gaming operation" as "each economic entity 

that is licensed by a tribe. operates the games. receives the revenues, 

issues the prixs and pays the expenses." A gaming operation may hc 

operated by a tribe directly; by a management contractor; or. under certain 

conditions. by another person or other entity. 25 C.F.R. 1$ 502.10. 

Role of QuarterIv Fee and Quarterly Statements 

The annual fees collected by the NTGC are necessary in order to fund the agency's 

oversight and regulation of Indian gaming and are based upon the quarter1 y 

statements submitted by Indian gaming operations. NIGC must set a fee sate 
sufficient to fund its annual budget. yet may not excccd the fee cap set by 

Congress. Thus. it is imperative that the NIGC receive quarterly statements from 

the gaming operations in a timely manner so that the NIGC is able to set accurate 

preliminary and finaE fec rates. 

5. Circumstances of the Violation 

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

in Bayfield. Wisconsin. 

B. The Tribe operated its gaming operation. IsIe Vista Casino, during a11 of 

22307 and 2008. through November 13.2008. 

C. The NIGC received an untimely quarterly statements and fee payments as 

follows: 

For the quarter ending March 3 1 on June 2,2008, 63 days late 

For the quarter ending June 30 on September 26.2008. 88 days late. and 

For the quarler ending September 30 on October 6,2008.6 days late 

D. These untimely submissions are a violation of NIGC regulations. 

Measures Required to Correct the Violation 

While there is no remedial action that can correct the untimely submission of 

quarterly statements and fees, improved controIs to ensure timely submission of 

future quarterly statements and fees should he put in place. 

7. Appeal 

Within thirty (30) days after service of this Notice of Violation, Respondent may 

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

appeal, and, if desired. request for hearing to the National Indian Gaming 

Commission. 144 1 L Street W W, Ninth IIoor, 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 suppIementa1 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. 'I'he request to present oral testimony or witnesses must 

specify the names of proposed witnesses and the general naturc of their expected 

tcstimony, whether a closed hearing is requested and why. Respondent may 
waives its risht 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 Enformation 

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

Respondent in an amount not to exceed $25.000 per violation r>cr day. Under 25 

C.F.R. $ 575 .S(a), Respondent may submit written information about the violation 

to the Cl~airman within fifteen (1 5) days after service of this notice of violation 

(or such Ionger pcriod as the Chairman may grant for good cause). 'The Chairman 

shall consider any information submitted in determining the facts surrounding the 

violation and the amount of the civil fine. if any. 

Dated this I of Dekmhcr 2008 

PHIIJP N. T4OGE:N 

Chairman 
Certificate of Service 

I certify that this Notice of Violation was sent by facsimile transmission and certified 

U.S. mail, return reccipt requestcd, on this / day of December 2008 to: