NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: Tonkawa Indian Tribe 

Attn: Don Patterson, President 

1 Rush Buffalo Road 

Tonkawa, OK7465 3 

FAX: (580)628-3036 

Candace Mayer, Secretary 

(AGENT FOR SERVICE OF PROCESS) 

1 Rush Buffalo Road 

Tonkawa, OK 74653 

FAX: (580) 628-3375 

Tonkawa Tribal Gaming Commission 

Ann: Thomas C. Nelson, Chairman 

P.O. Box 467 

Tonkawa, OK 74653 

FAX: (580) 628-7034 

1. Notification of Violation 

The Chairman of the National Indian Gaming Commission WGC) hereby gives 

notice that the Tonkawa Indian Tribe (Respondent or Tribe), located in Tonkawa, 

Oklahoma, has violated MGC regulations by failing to submit timely quarterly 

statements and fee payments for the Tonkawa Indian Casino for the quarters 

ending March 31, June 30, and September 30 of Calendar Year 2008 and for the 

Native Lights Casino for the quarter ending September 30 of Calendar Year 2008. 

2. Authority 

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

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

person for violation of any provision of the IGU, NIGC regulations, ar any 

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

25 U.S.C. 3 2713; 25 C.F.R. 5 573.3. 
3. Applicable Federal Laws 

A. IGRA requires the NIGC to estabIish a scheduIe of fees to be paid to the 

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

class III gaming activity. 25 U.S.C. 5 27 17. 

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

not exempt from paying fees pursuant to the self-regulation provisions 

shall file with the Commission a quarterly statement showing its 

assessable gross revenues for the previous calendar year. 25 C.F.R. 3 

5 14.l(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. 3 5 14.1 (c)(2]. The quarter1 y 

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

the due date. 25 C.F.R. § 5 14+1(c)(4). 

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. 5 14.1 (c)(53. 

F. NIGC 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 be 

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

conditions, by another person or other entity. 25 C.F.R. 9 502.10. 

4. Role of Quarterly Fees and Quarterly Statements 

The annual fees collected by the 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 hdian gaming operations. NEGC must set a fee rate 

sufXcient to fund its annual budget, yet may not exceed the fee cap set by 

Congress. Thus, it is imperative that the NIGC receive quarterIy statements 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 VioIation 

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

in Tonkawa, Oklahoma. 
B. The Tribe operated its gaming operation, Torrkawa Indian Casino, during 

all or part of 2007 and 2008. 

C. The Tribe operated its gaming operation, Native Lights Casino, during all 

or part of 2007 and 2008. 

D. The NIGC received untimely quarterly statements for the Tonkzwa Indian 

Casino as follows: 

For the quarter ending March 31,2008 on November 4,2008,220 days 

late. 

For the quarter ending June 30,3008 on November 6,2008, 129 days late. 

For the quarter ending September 30,2008 on November 6,2008,37 days 

late. 

E. The NIGC received untimely quarterly fee payments for the Tonkawa 

Indian Casino as follows: 

For the quartet ending June 30,3008 on November 10,2008,133 days 

late. 

For the quarter ending September 30,2008 on November 10,2008,4 1 days 

late. 

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

the Native Lights Casino for the quarter ending September 30,3008, on 

October 24,2008,24 days late. 

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 

fitwe quarterly statements and fees should be put in place. 

Within thirty (30) days after service of this Notice of VioIation, 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 Street NW, Ninth Floor, Washington, DC 20005. 

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

appeaI must reference this Notice of Violation. 
Respondent has a right to assistance of counseI in such an appeal. A notice of 

appeal must reference this Notice of Violation. 

Within ten (1 0) days after filing a notice of appeal, Respondent must file with the 

Commission a supplementaI 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 nay 

waives its right to an oraI hearing and instead elect to have the matter determined 

by the Commission solely on the basis of written subrnissians. 

8. Fine-Submission of information 

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

Respondent in an amount net to exceed $25,000 per violation per day. Under 25 

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

to the Chairman within fifteen (15) days after service of this notice of violation 

(or such Ionger 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 of February, 2009 

i 

Chairman 

HEATHER L. MCMIELAN 

Staff Attorney 
Certificate of Service 

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

U.S. mail, return receipt requested, on this 12'~ day of February, 2009 to: