NOTICE OF PROPOSED CIVIL FINE ASSESSMENT 

Ref No.: NOV-99-02 

To: Dean Mike, Chairman 

Twenty-Nine Palms Band of Mssion Indians 

1. Under the authority of 25 U.S.C.A. $2713(a) and 25 C.F.R. $ 575, the Chairman of the 

National Indian Gaming Commission (hereinafter referred to as "NIGC") hereby provides notice 

of his intent to assess a civil fine against the Twenty-Nine Palms Band of Mission Indians, located 

at Coachelle, California, (hereinafter referred to as "Respondent"), for violations of 25 C.F.R. tj 

502.3(c) and 25 C.F.R. $ 573-.6(a)(1 I), as set forth in detail in Notice of Violation No. NOV-99- 

02 issued on January 14, 1999, a copy of which is attached hereto. 

2. Under 25 U.S.C.A. $ 2713(a) and 25 C.F.R. $575.4, the Chairman may assess a civil 

fine, not to exceed $25,000 per violation per day, against a tribe, management contractcr, or 

'~YYY' individual operating Indian gaming for each violation cited in a notice of violation issued under 25 

C.F.R. 9 573.3. 

3. In arriving at a proposed civil fine of ten thousand dollars ($10,000.00), the Chairman 

has considered the factors prescribed in 25 C.F.R. $ 575.4, as follows: 

i. Economic benefit of noncompliance. The Respondent has fded to submit to 

the NIGC an annual audit report and a management letter for fiscal year 1996. The Respondent 

has benefitted economically to the extent that it did not hire and pay an independent auditor to 

complete the audit of its operation. 

ii. Seriousness of the violations. This is a serious violation. Annual audit reports 

provide both the Respondent and the NIGC with important information on the financial strength 

of the tribal gaming operation. Inasmuch as the Respondent did not have their fiscal year 1996 

financial records audited, it was impossible for the Respondent to know exactly how they were 

doing financially. Also, the management letter is an effective tool for improving overall 

management and operational control. 

iii. Historv of violations. No prior notice of violation has been issued to the 

Respondent. 

1441 L STREET, N.W. 9lH FLCQR WASHINGTON, D.C. 20005 EL.: 202-632-:(XU FAX: 202-632-7066 
w iv Neclieence or willhlness. The respondent has failed to submit an annual audit 

report and a management letter for fiscal year 1996, and a management letter for fiscal year 1998, 

and was seven (7) months late in submitting the 1998 annual audit report. The record is silent as 

to why this is so. NIGC staff contacted the Respondent on several occasions concerning these 

violations but the Respondent continues to be in violation. The MGC therefore finds that the 

Respondent has acted willhlly in its failure to comply. 

v. Good faith. The MGC is not aware of any steps taken by the Respondent 

which would show a good faith effort to achieve rapid compliance after notification of the 

violation. 

THEREFORE, the Chairman, after a carehl review of the above factors has determined 

that a fine in the amount of ten thousand dollars ($10,000.00) is assessed against the Twenty-Nine 

Palms Band of Mission Indians. 

Assessment of this civil fine does not alleviate the Respondent of the responsibility to 

submit the 1996 audit report and management letter and the 1998 management letter to the 

NIGC. Failure to submit these documents may subject the Respondent to a temporary closure 

order pursuant to 25 C.F.R. 5 573.6(a). 

Under 25 C.F.R. 5 577.3, within thirty (30) days after service of this Notice of Proposed 

Civil Fine Assessment, the Respondent may appeal the proposed fine to the full cdtnmission by 

submitting a notice of appeal to the National Indian Gaming Commission, 1441 L Street, NW, 

Suite 9100, Washington, D.C. 20005. The Respondent has a right to assistance of counsel in 

such an appeal. A notice of appeal must reference this Notice of Proposed Civil Fine Assessment. 

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

a supplemental statement that states with particularity the relief desired and the grounds therefor 

and that includes, when available, supporting evidence in the form of affidavits. If the respondent 

wishes to present oral testimony or witnesses at the hearing, the respondent must include a 

request to do so with the supplemental statement. The request to present oral testimony or 

witnesses must spec@ the names of proposed witnesses and the general nature of their expected 

testimony, and whether a closed hearing is requested and why. The respondent may waive his or 

her right to an oral hearins and instead elect to have the matter determined by the Commission 

solely on the basis of written submissions. 

I/ - 'f 4; +,j.~,, L<',L 

klontie R Deer Date 

Chairman 

hIai Dinh, NIGC Attorney 

(302) 632-7003