NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

NOV-09-1 I 

TO: Absentee Shawnee Tribe 

Attn: Scott Miller, Governor 

(Agent for Service of Process) 

2025 South Gordon Cooper 

Shawnee, Okf ahorna 74801 

FAX: (405) 275-5637 

Absentee Shawnee Tribe Gaming Commission 

Attn: Kenneth Blanchard, Commissioner 

I5700 East State Hwy 9 

Norman, Oklahoma 73026 

FAX: (405) 360-4182 

Alyssa D. Campbell 

Office of the Attorney General 

Absentee Shawnee Tribe of Oklahoma 

2025 South Gordon Cooper Drive 

Shawnee, Oklahoma 7480 1 

Fax: (405) 273-4534 

I. Notification of Violation 

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

notice that the Absentee Shawnee Tribe (~esiondent or Tribe), located in 

Shawnee, Oklahoma, has vioIated NIGC reqlations by failing to submit timely 

quarterly statement and fee payment for the quarter ending March 3 1,2008. 

2. Authority 

Under the Indian Gaming Regulatory Act {IGRA) and NIGC regulations, the 

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

person for violation of any provision of the ERA, NIGC regulations, or any 

provision of a tribal gaming ordinance or resoIution approved by the Chaiman. 

25 U.S.C. 6 2713; 25 C.F.R. $ 573.3. 
3. A~plicable Federal Laws 

A. IGRA requires the NTGC to establish a scheduIe of fees to be paid to the 

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

class 111 gaming activity. 25 U.S.C. 8 271 7. 

R. NIGC regulations require that each gaming operation under the 

jurisdiclion of the Commission shall pay to the Commission annuat fees as 

established by the Commission. 25 C.F.R. 5 5 14.11a). 

C. Each gaming operation subject to the jurisdiction of the Commission and 

not exempt fiom paying fees pursuant to the scIf-regulation provisions 

shalI file with the Commission a quarterly statement showing its 

assessable gross revenues for the previous calendar year. 25 C.F.R. $ 

514.1Cc). 

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 ofthe NIGC. 25 C.F.R. 5 514.1{~)(2}. 'me quarterly 

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

the due date. 25 C.F.R, $ 5 14.l(c)(4). 

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

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

C.F.R. 1$ 5 14.1 (c)(5). 

P. The WTGC may assess a penalty for failure to file timely a quarterly 

statement. 35 C.F.R. 5 5 14. I(c)(9). 

G. NTGC regulations define "gaming operation" as "each economic entity 

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

issues the prizes and pays the expenses." A gaming operation may he 

operated by a tribe directly: by a management contractor; or, under certain 

conditions, by another person or other entity. 25 C.F.R. 9 502.1 0. 

4. ,Role of Quarterly Fees and OuarterIy Statements 

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

oversight and regulation of Indian gaming and are based upon the quarterly 

statements submitted by Indian gaming operations. NIW must set a fee rate 

suficient to fund its annual budget. yet may not exceed the fee cap set by 

Congress. Thus. it is imperative that the NIGC receive quarterly stalernents hm 

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

preliminq and final fee rates. 
5. Circumstances of the Violation 

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

in Shawnee. Oklahoma. 

B. The Tribe operated its gaming operation, Thunderbird Wild Wild West 

Casino. during all or pad of 2007 and 2008. 

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

the quarter ending March 3 1,2008, on May 2,2008,32 days late. 

D. The suhmissian of untimely quarterly statements and fee payments is a 

vjoIation of NIGC regulations. 

6. Measures Required to Correct the Violation 

While there is no remedia1 action that can correct the untimely submission of 

quarterly statements and fees. improved controls to ensure timely submission of 

future quarterly statements and fees should be put in place, 

Within thirty (30) days after service of this Naticc of Violation. Respondent may 

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

appeal, and, if desired, request for hearin9 to the National Indian Gaming 

Commission, 1441 L Street NW, Ninth Floor. Washington, UC 20005. 

Respondent has a right to assistance of counsel in such an appeal. A notice of 

appeaI 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 

supplementaI 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 

waives 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 oFa civil fine against 

Respondent in an amount not to exceed $25,000 per violation per day. Under 25 

C.F.R. 8 575.5(a). Respondent may submit written information about the violation 

to the Chairman within fifieen (I 5) days after service ofthis notice of violation 

(or such longer period 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 -14 of March. 2009 

i /' 

Chairman 

HEATI-IER L. P\~CMILLA~ 

Staff- Attorney 
Certificate of Sentice 

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

U.S. mail, return rcceipt requcstcd, on this 4" day of March, 2009 to: