B. Cheryl Smith 

Tribal Chief 

Jena Band of Choctaw Indians 

P.O. Box 14 

Jena, LA 71342-0014 

Dear Ms. Smith: 

This letter is in response to your request for the National Indian Gaming 

Commission (NIGC) to review and approve the Jena Band of Choctaw Indians 

First Amended Class I1 and Class 111 Gaming Ordinance and the First Amended 

Procedures for Background Investigations of Key Employees and Primary 

Management Officials. The amended ordinance and background procedures were 

adopted by the Jena Band of Choctaw Indians on February 22,2001, and received 

in this office on February 26, 2001. This letter constitutes approval of your 

submission under the Indian Gaming Regulatory Act (IGRA). It is important to 

note that the gaming ordinance is approved for gaming only on Indian lands, as 

defined in the IGRA, over which the Tribe has jurisdiction. 

Thank you for submitting the Gaming Ordinance for review and approval. The 

NIGC staff and I look forward to working with you and the Tribe on future 

gaming issues. 

Sincerely, h 

Montie R. Deer 

Chairman 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GOV 

REGIONAL OFFICES Portland, OR; Sacramento. CA; Phoenix, AZ; St. Paul, MN; Tulsa. OK 
Jena Band of Choctaw Indians 

P. 0. Box 14 Jena, Louisiana 71342-0014 Phone: 318-992-2717 Fax: 318-992-8244 

,733 2 6 zJo, 

JENA BAND OF CHOCTAW INDIANS 

TRIBAL COUNCIL RESOLUTION NO. JBC 01- a00 - 02 o a 

WHEREAS the Jena Band of Choctaw Indians is a federally-recognized Indian tribe; 

WHEREAS the Tribal Council is the governing body of the Jena Band of Choctaw Indians; 

WHEREAS the Tribal Council has submitted to the National Indian Gaming Commission an 

ordinance for the operation of Class I1 and Class 111 gaming operations on its tribal lands; and 

WHEREAS the National Indian Gaming Commission has indicated that the Jena Band of 

Choctaw Indians must amend its gaming ordinance to comply with the Indian Gaming Regulatory 

Act. 

NOW BE IT RESOLVED that the Tribal Council hereby approves the Jena Band of 

Choctaw Indians First Amended Class I1 and Class I11 Gaming Ordinance ("Gaming Ordinance"); 

NOW BE IT FURTHER RESOLVED that the Tribal Council hereby approves the First 

Amended Procedures for Background Investigations of Key Employees and Primary Management 

Officials ("Procedures for Background Investigations"); and 

NOW BE IT FURTHER RESOLVED that the Tribal Chief, B. Cheryl Smith, is hereby 

authorized to submit the amended Gaming Ordinance and amended Procedures for Background 

Investigations to the National Indian Gaming Commission for approval. 

CERTIFICATION 

This resolution was considered and adopted at a duly called meeting ofthe Tribal Council held 

on thisallday of ?.L ,2001, at which a quorum was present, and that the same was 

adopted by a vote of 5 in fa&, CJ opposed, - abstaining, and - absent. 
THE JENA BAND OF CHOCTAW INDIANS 

FIRST AMENDED CLASS I1 AND CLASS I11 GAMING ORDINANCE 

The Jena Tribal Council is the Governing Body of the Jena Band of Choctaw Indians. The 

Jena Tribal Council is empowered by the Tribe's Constitution to enact ordinances, THEREFORE 

this body hereby enacts this ordinance in order to set the terms for Class I1 and Class I11 gaming 

operations on tribal lands. 

11. Gaminp Authorized. 

Class I1 gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-447, 25 U.S.C. 

Section 2703(7)(A) and for Class I11 gaming in 25 U.S.C. Section 2703(8) ("IGRA") and by the 

regulations promulgated by the National Indian Gaming Commission at 25 C.F.R. 5 502.3 (as 

published in the Federal Register at 57 FR 12382-12393, April 9, 1992) is hereby authorized. 

111. owners hi^ of Gaming. 

The Tribe shall have the sole propriety interest in and responsibility for the conduct of any 

gaming operation authorized by this ordinance. The Tribe may own and operate the gaming 

operation either directly or through a wholly-owned, tribally-chartered organization. 

IV. Use of Gaminp Revenue. 

A. Net revenues from Class I1 and Class I11 gaming shall be used only for the following 

purposes: to fund tribal government operations and programs; provide for the general welfare 

of the Tribe and its members; promote tribal economic development; donate to charitable 

organizations; or help fund operations of local government agencies. 

B. If the Tribe elects to make per capita payments to tribal members, it shall authorize 

such payments only upon approval of a plan submitted to the Secretary of the Interior under 

25 U.S.C. 5 2710(b)(3). 

V. Audit 

A. The Tribe shall cause to be conducted annually an independent audit of gaming 

operations and shall submit the resulting audit reports to the National Indian Gaming 

Commission. 
B. All gaming related contracts that result in the purchase of supplies, services, or 

concessions in excess of $25,000.00 annually, except contracts for professional legal and 

accounting services, shall be specifically included within the scope of the audit that is 

described in subsection A. above. 

VI. Protection of the Environment and Public Health and Safety. 

The Class I1 and Class I11 gaming facilities shall be constructed, maintained and operated in 

a manner that adequately protects the environment and the public health and safety. 

VI~ Licenses for Kev Em~lovees and Primary Management Officials. 

The Tribe shall ensure that the policies and procedures set out in this section are implemented 

with respect to key employees and primary management officials employed at any Class I1 or Class 

I11 gaming enterprise operated on Indian lands: 

A. Definitions 

For the purposes of this section, the following definitions apply: 

1. Kev emplovee means 

(A) A person who performs one or more of the following functions: 

Bingo caller; 

Counting room supervisor; 

Chief of security; 

Custodian of gaming supplies or cash; 

Floor manager; 

Pit boss; 

Dealer; 

Croupier; 

Approver of credit; or 

Custodian of gambling devices including persons with access 

to cash and accounting records within such devices; 

(B) If not otherwise included, any other person whose total cash 

compensation is in excess of $50,000 per year; or 

(C) If not otherwise included, the four most highly compensated persons 

in the gaming operation. 
2. Primary management official means 

(A) The person having management responsibility for a management 

contract; 

(B) Any person who has authority. 

(1) To hire and fire employees; or 

(2) To set up working policy for the gaming operation; or 

(C) The chief financial officer or other person who has financial 

management responsibility. 

B. A~~lication Forms 

1. The following notice shall be placed on the application form for a key 

employee or a primary management official before that form is filled out by 

an applicant: 

In compliance with the Privacy Act of 1974, the following information isprovided: 

Solicitation of the information on this form isauthorized by 25 U.S.C. 2701 et seq. 

The purpose of the requested information is to determine the eligibility of 

individuals to be employed in a gaming operation. The information w~ll be used by 

National Indian Gaming Commission members and staff who have need for the 

information in the performance of their official duties. The informat~on may be 

disclosed to appropriate Federal, Tribal, State, local, or forelgn law enforcement 

and regulatory agencies when relevant to civil, criminal or regulatory investigations 

or prosecutions or when pursuant toa requirement by a tribe or the National Indian 

Gaming Commission in connection with the hiring or firing of an employee, the 

issuance or revocation of a gaming license, or investigations of activities while 

associated with a tribe or a gaming operation. Failure to consent to the disclosures 

indicated in this notice will result in a tribe's being unable to hire you in a primary 

management official or key employee position. 

The disclosure of your Social Security Number (SSN) is voluntary. However, 

failure to supply a SSN may result in errors in processing your application. 

2. Existing key employees and primary management officials shall be notified 

in writing that they shall either: 

(A) Complete a new application form that contains a Privacy Act notice, 

or 

(B) Sign a statement that contains the Privacy Act notice and consent to 

the routine uses described in that notice. 
3. The following notice shall be placed on the application form for a key 

employee or a primary official before that form is filled out by an applicant. 

A false statement on any pan of your application may be grounds for not hiring 

you, or for firing you after you begin work. Also, you may be punished by fine or 

imprisonment. (U.S. Code. title 18, section 1001.) 

4. The Tribe shall notify in writing existing key employees and primary 

management officials that they shall either: 

(A) Complete a new application form that contains a notice regarding 

false statements; or 

(B) Sign a statement that contains the notice regarding false statements. 

Background Investigations 

1. Upon receipt of a completed application and any required fee, the Commission 

shall conduct or cause to be conducted a background investigation pursuant to the 

"Procedures for Background Investigations of Key Employees and Primary 

Management Oficials" and to Subsection D, below, to ensure that the applicant 

is qualified for licensing. 

2. The background investigation shall be at least as stringent as is required by any 

valid and effective Compact that the Tribe enters into and 25 C.F.R. Part 556, and 

shall provide all available information necessary to the determination required 

under 25 C.F.R. $ 558.2. In particular, the Commission shall cause a thorough 

criminal history check to be made of each applicant by requesting the Louisiana 

State Police to conduct a background check of applicant and by having the 

National Indian Gaming Commission process the applicant's fingerprint card 

through the Federal Bureau of Investigation. 

3. The Tribe shall request from each primary management official and from 

each key employee all of the following information: 

(A) Full name, other names used (oral or written), social security 

number(s), birth date, place of birth, citizenship, gender, all languages 

(spoken or written); 

(B) Currently and for the previous 5 years: business and employment 

positions held, ownership interests in those businesses, business and 

residence addresses, and drivers license numbers; 
The names and current addresses of at least three personal references, 

including one personal reference who was acquainted with the 

applicant during each period of residence listed under paragraph 

(l)(b) of this section; 

Current business and residence telephone numbers; 

A description of any existing and previous business relationships with 

Indian tribes, including ownership interests in those businesses; 

A description of any existing and previous business relationships with 

the gaming industry generally, including ownership interests in those 

businesses; 

The name and address of any licensing or regulatory agency with 

which the person has filed an application for a license or permit 

related to gaming, whether or not such license or permit was granted, 

For each felony for which there is an ongoing prosecution or a 

conviction, the charge, the name and address of the court involved, 

and the date and disposition if any; 

For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations), within 10 years of 

the date of the application, the name and address of the court involved 

and the date and disposition; 

For each criminal charge (excluding minor traffic charges), whether 

or not there is a conviction, if such criminal charge is within 10 years 

of the date of the application and is not otherwise listed pursuant to 

paragraph (l)(h) or (l)(i) of this section, the criminal charge, the 

name and address of the court involved and the date and disposition; 

The name and address of any licensing or regulatory agency with 

which the person has filed an application for an occupational license 

or permit, whether or not such license or permit was granted; 

A current photograph; 

Any other information the Tribe deems relevant; and 
(N) Fingerprints taken by the Louisiana State Law Enforcement Department 

consistent with procedures adopted by the Tribe according to 25 

C.F.R. $ 522.2(h). 

4. In conducting a background investigation, the Tribe or its agent shall promise 

to keep confidential the identity of each person interviewed in the course of 

the investigation. 

D. Elinibilitv Determination. The Tribe shall review a person's prior activities, criminal 

record, if any, and reputation, habits and associations to make a finding concerning the 

eligibility of a key employee or primary management official for employment in a gaming 

operation. If the Tribe determines that employment of the person poses a threat to the public 

interest or to the effective regulation of gaming, or creates or enhances dangers of unsuitable, 

unfair, or illegal practices and methods and activities in the conduct of gaming, a tribal 

gaming operation shall not employ that person in a key employee or primary management 

official position. 

E. Procedures for forward in^ Applications and Reports for Kev Emplovees and Primary 

Management Officials to the National Indian Gaming Commission 

1. When a key employee or primary management official begins work at a 

gaming operation authorized by this ordinance, the Tribe shall forward to the 

National Indian Gaming Commission a completed application for 

employment and conduct the background investigation and make the 

determination referred to in subsection D of this section. 

2. The Tribe shall forward the report referred to in subsection F of this section 

to the National Indian Gaming Commission within 60 days after an employee 

begins work or within 60 days of the approval of this ordinance by the 

Chairman of the National Indian Gaming Commission. 

3. The gaming operation shall not employ as a key employee or primary 

management official a person who does not have a license after 90 days. 

F. Report to the National Indian Gaming Commission 

1. Pursuant to the procedures set out in subsection E of this section, the Tribe 

shall prepare and forward to the National Indian Gaming Commission an 

investigative report on each background investigation. An investigative report 

shall include all of the following: 

(A) Steps taken in conducting a background investigation; 

(B) Results obtained; 
(C) Conclusions reached; and 

(D) The bases for those conclusions. 

2. The Tribe shall submit, with the report, a copy ofthe eligibility determination 

made under subsection D of this section. 

3. If a license is not issued to an applicant, the Tribe: 

(A) Shall noti@ the National Indian Gaming Commission; and 

(B) May forward copies of its eligibility determination and investigative 

report (if any) to the National Indian Gaming Commission for 

inclusion in the Indian Gaming Individuals Records System. 

4. With respect to key employees and primary management officials, the Tribe 

shall retain applications for employment and reports (if any) of background 

investigations for inspection by the Chairman of the National Indian Gaming 

Commission or his or her designee for no less than three (3) years from the 

date of termination of employment. 

G. Granting a Gaming: License 

1. If, within a thirty (30) day period after the National Indian Gaming 

Commission receives a report, the National Indian Gaming Commission 

notifies the tribe that it has no objection to the issuance of a license pursuant 

to a license application filed by a key employee or a primary management 

official for whom the tribe has provided an application and investigative 

report to the National Indian Gaming Commission, the Tribe may issue a 

license to such applicant. 

2. The Tribe shall respond to a request for additional information from the 

Chairman of the National Indian Gaming Commission concerning a key 

employee or a primary management official who is the subject of a report. 

Such a request shall suspend the 30-day period under paragraph G. 1. of this 

section until the Chairman of the National Indian Gaming Commission 

receives the additional information. 

3. If, within the thirty (30) day period described above, the National Indian 

Gaming Commission provides the Tribe with a statement itemizing 

objections to the issuance of a license to a key employee or to a primary 

management official for whom the Tribe has provided an application and 
investigative report to the National Indian Gaming Commission, the Tribe 

shall reconsider the application, taking into account the objections itemized 

by the National Indian Gaming Commission. The Tribe shall make the final 

decision whether to issue a license to such applicant. 

H. License Suspension 

1. If, after the issuance of a gaming license, the Tribe receives from the National 

Indian Gaming Commission reliable information indicating that a key 

employee or a primary management official is not eligible for employment 

under subsection D. above, the Tribe shall suspend such license and shall 

notify in writing the licensee of the suspension and the proposed revocation 

2. The Tribe shall notify the licensee of a time and a place for a hearing on the 

proposed revocation of a license. 

3. After a revocation hearing, the Tribe shall decide to revoke or to reinstate a 

gaming license. The Tribe shall notify the National Indian Gaming 

Commission of its decision. 

Patron Dis~utes and Visitor Claims. 

A. Procedures for Resolving Patron Disputes. Whenever any patron of any Class I1 or Class 

111 Gaming activity being conducted by the Tribe under the provisions of this Gaming Ordinance 

believes that he or she should not have lost any money, or has not received any winnings to which 

the patron believes he or she was entitled, or in any other respect was treated wrongly or unfairly, 

any employee to whom the patron communicates the complaint shall refer the patron to the 

Manager. The Manager shall investigate the matter thoroughly and shall attempt to resolve the 

complaint amicably, promptly, and in keeping with the spirit of this Gaming Ordinance. The 

Manager's proposed action shall be communicated to the person in writing no less than ten (10) 

days after the complaint is brought to the Manager. If the person is dissatisfied with the resolution 

proposed by the Manager, the patron may, within ten (10) days of receipt of the Manager's 

decision, appeal to the Commission. The Commission shall investigate the facts underlying the 

complaint and the actions of the Manager thereon and shall make a final decision, in writing, either 

to affirm the Manager's proposed resolution, or to take some different action (but in no case shall 

the Commission's decision be less favorable to the patron than the Manager's proposal). If the 

patron is still dissatisfied, he or she may request that the dispute be referred to binding arbitration, 

either by a single arbitrator (if the parties agree on one) or by a panel of three (3) arbitrators, one 

appointed by the patron, one appointed by the Manager, and a third appointed by the other two 

arbitrators; provided, that if the arbitration results in a decision that is no more favorable to the 

patron than the decision of the Commission, the patron shall bear one-half of the costs of the 

arbitration. The arbitration shall proceed in accordance with the rules of the American Arbitration 

Association, unless the patron and the gaming enterprise agree to follow different procedures. 
B. Posting of Notice. The gaming enterprise shall prominently post a notice, bearing the 

title, "PATRON DISPUTE AND VISITOR CLAIMS PROCEDURES," informing patrons and 

visitors of the remedies set forth in this Section, and setting forth the language of Subsections (A) 

and (B) of this Section, in every room of every gaming facility where Class I1 and Class 111 

Gaming is conducted under the provisions of this Gaming Ordinance. 

C. Public Health and Safetv. Each gaming facility and additions thereto shall comply with 

health, safety, and construction standards that are at least as stringent as the current editions of the 

National Electrical Code, the Uniform Building Code, the Uniform Mechanical Code, the Uniform 

Fire Code, and the Uniform Plumbing Code. The Tribe shall cause inspections to be conducted 

with respect to these standards at least annually. 

1'1' 

VIII. License Locations. 

The Tribe shall issue a separate license to each place, facility, or location on Indian lands 

where Class I1 or Class I11 gaming is conducted under this ordinance. 

d( 

IX. Sovereign Immunity. 

Nothing in this Gaming Ordinance shall be deemed to be a waiver of the Tribe's sovereign 

immunity. 

X. Repeal. 

To the extent that they are inconsistent with this ordinance, all prior gaming ordinances are 

hereby repealed. 
FIRST AMENDED PROCEDURES FOR 

BACKGROUND INVESTIGATIONS 

OF 

KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS 

I. Jena Band of Choctaw Indians Gaming Commission. 

The Jena Band of Choctaw Indians Gaming Commission is created to promulgate, 

implement, and enforce rules that it determines to be necessary and proper for the issuance, 

revocation, and suspension of gaming licenses, the regulation of the gaming activities, and to 

take any other actions necessary to carry out the purposes of the Gaming Ordinance. The 

Commission may also promulgate rules necessary to other investigations and inspections into 

the conduct of the games and the license and the maintaining of the equipment as the 

Commission may deem necessary and proper. In assisting the Commission in determining the 

suitability of an application, the Commission may request the Louisiana State Police to veritjr all 

information to be used in background checks obtained from applicants seeking employment with 

the Jena Band of Choctaw Indian Tribe, in the conduct of Class I1 and Class I11 Gaming on 

Tribal Lands, including interviews with references and/or former employees. 

11. Gaming Commission Procedures. 

A. The Jena Band of Choctaw Gaming Commission is responsible for the conduct of 

the background investigations and suitability determinations. 

B. Background checks of applicants will be performed pursuant to the following 

procedures: 

1. The Commission will provide applications to potential applicants upon 

request and shall collect and maintain the applications; 

2. The Commission shall investigate or cause to be investigated the 

information provided in the applications. Such investigation will include: (i) contacting persons 

or entities identified in the application and verifLing by written or oral communication that the 

information contained in the application is accurate; (ii) interviewing a sufficient number of 

knowledgeable people, such as former employers, partners, business associates, and others 

referred to in the application, to provide a basis for the Commission to make a determination on 

whether the applicant meets applicable eligibility requirements; (iii) reviewing relevant financial 

records of the applicant for the three (3) years preceding the application; and (iv) contacting any 

state, federal, or other government agency that is referred to in the application. 

3. The Commission shall document any information obtained that calls into 

question an applicant's eligibility under the Gaming Ordinance. The documentation of these 
problem areas shall be supported in detail, indicating the follow-up investigations performed 

and the result of such investigations. 

4. The Commission will review the results of the investigation for all 

persons subject to licensing, including a determination as to the scope of the investigation and 

whether sufficient information was obtained and verified. If such information is found to be 

insufficient, the Commission may perform additional investigations. 

5. Once the investigation is complete, the Commission will decide whether 

the applicant meets the eligibility requirements under the Gaming Ordinance. 

6. In conducting a background investigation and review, the Commission 

and its agents and all persons privy to the information shall keep confidential the identity of each 

person interviewed in the course of investigation. 

C. The Commission shall review a person's prior activities, criminal record, if any, 

and reputation, habits, and associations to make a finding concerning the eligibility of a key 

employee or primary management official for employment in a gaming operation. If the 

Commission determines that a person applying for a key employee or primary management 

official position poses a threat to the public interest or to the effective regulation of gaming, or 

creates or enhances dangers of unsuitable, unfair, or illegal practices and methods and activities 

in the conduct of gaming, the Commission shall not issue a license to that person. 

D. The Commission may hold regular and special meetings at such times and places 

as it may deem convenient, but at least one regular meeting shall be held quarterly. A majority 

of the appointed members constitute a quorum of the Commission, and a special meeting may be 

called by any two members. 

E. The Commission may hold executive and closed meetings for any of the 

following purposes: 

1. Considering applications for licensing when discussing the background 

investigations or personal information; 

2. Meeting with gaming or law enforcement officials of other jurisdictions 

regarding the investigation of persons or entities who are licensed or have applied for a license 

to do business with gaming operators. 

3. Consulting with the Executive Director, employees, and agents of the 

Commission regarding the investigation of persons or entities who are licensed or have applied 

for a license to do business with the gaming operation. 
4. Deliberating after hearing evidence in a contested case necessary to reach 

a decision; and 

5. Discussing business strategies of a license or pricing strategies of a 

licensee if public discussion may be harmfbl to the competitive position of the licensee or 

applicant for license for the purpose of overseeing and defining gaming contracts. 

F. Commission Powers shall be as follows: 

1. To promulgate regulations that it may determine necessary and proper for 

the issuance, revocation, and suspension of gaming licenses, the conduct and operation of the 

gaming activities, and to take any other action necessary to carry out the purposes of the Gaming 

Ordinance; 

2. To hire and fire employees. If the Commission determines that 

employment of the person poses a threat to the public interest or to the effective regulation of 

gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices and methods 

and activities in the conduct of gaming, the Commission shall not employ that person or allow 

that person to be employed in a key employee or primary management official position, 

3. To issue licenses, oversee, and define the contract of the licensees; 

4. To inspect and examine all premises where gaming is conducted or 

gaming devices or equipment are sold or distributed, 

5. To inspect, examine, and photocopy all papers, books, and records of 

applicants and licensees; 

6. To contract for such legal counsel to advise it as it may choose; 

7. To enter into cooperation agreements with law enforcement officials of 

the State of Louisiana, the Bureau of Indian airs, the Federal Bureau of Investigation, and 

other law enforcement agencies for the purpose of conducting background investigations. 

8. To suspend, or revoke for cause, any gaming license; 

9. To require all primary management personnel and key employees of all 

management personnel to undergo investigations; and 

10. To enforce preferential treatment to Native Americans, then persons 

domiciled in the State of Louisiana, as per the provisions of any valid and effective Tribal-State 

Compact that the Tribe enters into. 
111. Commission Positions. 

The Commission shall consist of three (3) citizens of Louisiana, all of whom shall be 

appointed by the Tribal Chairperson with the authorization of the Tribal Council. The 

Commission members may be members of the Jena Band of Choctaw Indians. The initial 

members to be appointed shall draw lots to see who holds the two for-year terms and the one 

two-year term. Thereafter, each member shall serve no more than two consecutive full terms. 

The Commission shall select from among its members a chairperson who shall preside over the 

meeting of the Commission. The Commission members may be removed, upon substantive 

proof of wrong doing by majority vote of the Tribal Council. 

The Commission shall appoint an Executive Director who shall be responsible for the 

conduct of the Commission's administrative matters. The Commission shall enter into a 

contract of employment and set the annual salary of the Executive Director 

IV gamin^ Commission Policies 

A. Appeal of Commission Actions. Any action of the Commission is subject to 

appeal to a court of competent jurisdiction. Notice of appeal shall be filed in writing with the 

Commission and the Clerk of Court, within ten (10) days from written notice of any action of 

the Commission. Failure to timely appeal shall make the action final. 

B. Disclosure Reauired. A disclosure of total ownership documentation shall be 

required to accompany all applications for licenses as an operator. 

C. Aooroval of Licenses. The Commission may approve or disapprove any 

application for license, depending upon whether it deems the applicant a suitable person to hold 

the license and whether it considers the proposed location suitable. Among other things, failure 

of the applicant to provide information necessary to allow consideration into his background is 

grounds for denial of the license. 

D. Conflict of Interest. No officer, agent, or employee of the Commission may hold 

a license under the Gaming Ordinance if the duties of such ofice, agency, or employment have 

to do with the enforcement of the gaming law and rules. This prohibition applies to the 

Commission, all of its employees, and all law enforcement officials and officers. No license 

may employ any person in any capacity while that person is in the employment of a law 

enforcement agency to the Commission. 

V. Investipation Fees. 

1. Aoplication Fee. The Commission may establish an application fee which shall 

include the cost of the investigation. The fee may vary with the type of license for which 

application is made and is non-refundable. The application inform will be promulgated by the 
Commission and shall include a waiver of any right of confidentiality and shall allow access to 

law enforcement records of any state. The waiver of confidentiality shall extend to any 

financial or personal record wherever maintained. 

2. Reimbursement to Commission for Investigation. Any applicant for a license 

under the Gaming Ordinance shall reimburse the Commission for any costs of investigation 

over and above the initial license fee charged at the time of application to determine if he is a 

suitable licensee under the Gaming Ordinance. By signing and filing an application for a 

license, the applicant authorizes the Commission to obtain information from other states 

regarding prior license applications, or conduct of the applicant or any of its shareholders, 

partners, agents, or employees of the results of all such investigations.