Laquita Rich 

The Chickasaw Nation 

P.O. Box 1340 

Ada, Oklahoma 74821-1340 

Dear Ms. Rich: 

This letter responds to your request to review and approve the 

tribal gaming ordinance submitted on January 28, 1994, for the 

Chickasaw Nation (Nation). This letter constitutes such approval 

under the Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian Gaming 

 omm mission (NIGC), the Chairman is directed to review ordinances 

with respect to the requirements of the IGRA and the implementing 

regulations. Thus, the scope of the Chairman's review and 

approval is limited to the requirements of the IGRA and the NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, such 

approval does not constitute approval of specific games. 

It is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Nation's gaming ordinance, 

the Nation is now required to conduct background investigations 

on its key employees and primary management officials. The NIGC 

expects to receive a completed application for each key employee 

and primary management official pursuant to 25 C.F.R. S 556.5(a) 

and an investigative report on each background investigation 

before issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. S 556.5(b). 

Thank you for submitting the ordinance of the Chickasaw Nation 

for review and approval. The NIGC staff and I look forward to 

working with you and the Nation in implementing the IGRA. 

Sincerely yours, 

r J, L-13:)@ ,t,:,lbtd r 

Anthony J. Hope 

Chairman 

cc: Bill Anoatubby , Governor 

The Chickasaw Nation 

P.O. Box 1548 

Ada, Oklahoma 74820 

1850 M STREET N W. SUITE 250 WASZNGTON DC 20036 'TEL 202.632.7003 FAX 202.632 7066 
11 th Legislature 

Tribal Law 11-004 

To regulate gaming activities in the Chickasaw Nation, and for other purposes. 

IN THE CHICKASAW TRIBAL LEGISLATURE 

November, 1993 

AN ACT 

Be it enacted by the Chickasaw Tribal Legislature assembled, that this Act 

shall be cited as the "Chickasaw Nation Public Gaming Act of 1994." 

SEC. 101. Findings. The Chickasaw Tribal Legislature finds that: 

(a) A need exists to promote the public health and safety, education 

and welfare that may contribute to the social, physical well-being and 

economic advancement of citizens of the Chickasaw Nation; 

(b) a need exists to create authorities with attendant powers to 

achieve objectives allowedunder the provisions of theconstitution of the 

Chickasaw Nation; 

(c) a need exists to provide forthe employment, education, training, 

health, and other services which are not now being met in sufficient 

quantity by federal government agencies; 

(d) a need exists for the Chickasaw Nation to be self-sufficient in 

its internal affairs; 

(e) aneedexiststoprovidea systemforregulatinggamingactivities 
in and for the Chickasaw Nation, which is in the best interests of the 

Chickasaw people and their health and welfare; 

( f) a need exists for the Chickasaw Nation to generate revenues for 

self perpetuation and essential governmental services; 

(g) a need exists for the Chickasaw Nation to comply with the 

provisions of the Indian Gaming Regulatory Act, as adopted by the Congress 

of the United States of America, 15 USC 2701, et. seq. 

SEC. 102. Basis for Authority. The basis for authority of this Act is 

Article VI, Section 1, and Article VII, Section 4 of the Constitution of 

the Chickasaw Nation. 

SEC. 103. Definitions. For the purpose of this Act: 

(a) "The Chickasaw Nation" shall mean the government instituted in 

theconstitution of theChickasawNation, or all Chickasaw Indiansbyblood 

whose names appear on the final rolls of the Chickasaw Nation approved 

pursuant to Section 2 of the Act of April 26, 1906, and their lineal 

descendants, or it shall mean the actual physical nation itself, depending 

upon reference; 

(b) "shall" shall mean imposing an obligation to act; 

(c) "gaming" shall be defined as having the same meanings as applied 

by and contained in the Indian Gaming Regulatory Act, Public Law 100-447; 

(d) "Commissioner" shall mean the Commissioner of public gaming for 

the Chickasaw Nation, as provided by this Act; 

(el "license" shall mean the written permission by authority of the 

Chickasaw Nation to do an act, which without permission would be illegal, 

and is a document granted by the Commissioner of the Chickasaw Nation for 

a consideration to a person or to a location to pursue business subject 

to regulation under the jurisdiction of the Chickasaw Nation; 

(f) "Legislature," shallmeantheChickasawTribal Legislaturewhich 

2 
is that body of not more than 13 members, as created by Articles V, VI, 

VII, VIII and IX of the Constitution of the Chickasaw Nation; 

(g) "Governor" shall mean the chief executive officer of the 

Chickasaw Nation, as created by Articles X and XI of the Constitution; 

(h) "Constitution" means that document which formally establishedthe 

ChickasawNationandits government, as ratifiedbythe eligible registered 

voters of the Chickasaw Nation on August 27, 1983, and which was approved 

by the secretary of the U. S. Department of the Interior on July 15, 1983. 

(i) "general business manager" shall mean the person within the 

Executive Department who is charged with overseeing and/or managing the 

gaming enterprises of the Chickasaw Nation. 

Title 11. Provisions. 

Sec. 201. The provisions of this Act, being necessary for the welfare of 

the Chickasaw Nation and its inhabitants, shall be liberally construedto 

effect the purpose and object hereof. 

Sec. 202. The article and section headings contained herein shall not be 

deemed to govern, limit, modify or in any manner affect the scope, meanlng 

or intent of the provisions of any article or section hereof. 

Sec. 203. (a) The provisions of this Act are severable, and if any part 

or provision hereof shall be held void by appropriate judicial authority, 

the decision of the court so holding shall not affect or impair any of the 

remaining parts of provisions of the Act. 

(b) All titles, chapters, articles and sections of all gaming 

regulatory Acts which are in effect as of the date this Act becomes 

operative, are hereby repealed, and all other laws or resolutions or parts 

of laws and resolutions inconsistent with the provisions of this Act are 

hereby repealed. 
(c) Repeal by this Act of any tribal law or resolution shall not have 

the effect of reviving any prior law theretofore repealed or suspended by 

such repealed tribal law or resolution, nor shall this repeal have the 

effect of nullifying any regulation of the commissioner issued under 

previous tribal laws or resolutions which is authorized by this Act, nor 

shall this repeal have the effect of interrupting the term of the current 

commissioner of public gaming, nor shall this repeal have the effect of 

interrupting any license issued by the commissioner or any responsibilities thereunder. 

Title 111. Gaming Authorized 

SEC. 301. Class I1 gaming as defined in the Indian Gaming Regulatory Act, 

Public Law 100-447, 25 USC S2703 (7) (A), and by the regulations promulgated 

by the Commissioner and his deputies at 25 CFR § 502.3 (as published in 

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

authorized. Class I11 gaming as defined in the Indian Gaming Regulatory 

Act, Public Law 100-447, 25 USC §2703(8), and by regulations promulgated 

by the National Indian Gaming Commission, is authorized only to the extent 

allowed by such law and pursuant to an approved tribal/state compact. 

SEC 302. Ownership of Gaming. The Chickasaw Nation shall have the sole 

proprietary interest in and responsibility for the conduct of any gaming 

operation authorized by this Act. 

SEC. 303. Use of Gaming Revenue. (a) Net revenues from gaming shall be 

usedonly for the followingpurposes: To fund tribal government operations 

and programs; to provide for the general welfare of the Chickasaw Nation 

and its citizens; to promote tribal economic development; to donate to 

charitable organizations; or to help fund operations of local government 

agencies. 

(b) No per capita payments to tribal citizens shall be made from 

4 
gamlng revenue. 

SEC. 304. Audit. (a) The Governor 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 which 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 which is described in 

subsection (a) of this section. 

SEC. 305. Protection of the Environment and Public Health and Safety. All 

gaming facilities shallbeconstructed, maintainedandoperatedinamanner 

that adequatelyprotects the environment and the public health and safety. 

SEC. 306. Licenses for Key Employees and Primary Management Officials. 

The Commissioner 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 gaming facility located on tribal 

lands : 

(A) Definitions. For the purposes of this section, the following 

definitions apply: 

(1 Key employee means : 

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

(1) Bingo caller; 

(2) counting room supervisor; 

(3) chief of security and all security officers; I 

(4) custodian of gaming supplies or cash; 

(5) floor manager; 

(6) pit boss; 

(7) dealer; 
( 8 ) croupier; 

(9) approver of credit; or 

(10) 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 

(3) the chief financial officer or other person who has financial 

management responsibility. 

(B). A~nlication 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 appiicant: 

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

is provided: Solicitation of the information on this form is authorized 

by 25 USC 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 will be used by the Commissioner and staff who 

have need for the information in the performance of their official duties. 

The information may be disclosed to appropriate federal, tribal, state, 

1 ocal or foreign law enforcement and regulatory agencies when re1 evant to 
civil, criminal or' regulatory investigations or prosecutions or when 

pursuant to a requirement by a tribe or the Chickasaw Nation Gaming 

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

issuance or revocation of a gaming 1 icense, 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 which contains a Privacy 

Act notice; or 

(b) sign a statement which 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 anypart 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 Commissioner shall notify in writing existing key employees 

and primary management officials that they shall either: 

(a) Complete a new application form which contains a notice 

regarding false statements; or 

(b) sign a statement which contains the notice regarding false 

statements. 
(C) . Backaround Inv~st iaat ions 

( 1) The commissioner shall request from each primary management 

official and from &ach 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 five years: business and 

employment positions held, ownership interests in those businesses, 

business and residence addresses, and drivers license numbers; 

(c) 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 (1) (b) 

of this section; 

(d) current business and residence telephone numbers; 

(e) adescriptionofanyexistingandpreviousbusiness relationships 

with Indian tribes,, including ownership interests in those businesses; 

(£1 adescriptionof anyexistingandprevious business relationships 

with the gamingindustrygenerally, includingownershipinterests in those 

businesses; 

(g) 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; 

(h) for each felony for which there is an ongoing prosecution or 

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

the date and disposition if any; 

(i 1 for each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations), within ten years of the 

date of the application, the name and address of the court involved and 
the date and dispos'ition; 

I 

(j) for eachcriminal charge (excluding minor traffic charges), 

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

ten years of the date of the application and is not otherwise listed 

pursuant to paragraph (1) (h) or (1) (i) of this section, the criminal 

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

disposition; 

(k) 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; 

(1) a current photograph with notarized affidavit as to date taken 

and person depicted1; 

(m) any other information the commissioner deems relevant; and 

(n) fingerprints consistent with procedures adopted by the Chickasaw 

Nation according to 25 CFR §522.2(h). 

(2) The Commissioner shall conduct an investigation sufficient to 

make a determination under subsection Dbelow. In conducting a background 

investigation, the identity of each person interviewed in the course of 

the investigation shall be kept confidential. 

(D) Eliaibilitv Determination 

The Commissioner shall review a person's prior activities, criminal 

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

concerningtheeligibilityof akeyemployeeorprimarymanagementofficial 

for employment in a gaming operation. If it is determined 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. 
(El Procedures for Forwardina A~~lications and Reoorts for Kev 

Emolov~es and Primarv Manaae ment Officials to t he Nat ional Indian Gaminq 

Commission 

(1) When a key employee or primary management official begins work 

at a gaming operation authorized by this Act, the Commissioner shall 

forward to the National Indian Gaming Commission a completed application 

for employment and conduct the background investigation and make the 

determlnation referred to in subsection D of this section. 

(2) The Commissioner shall forward the report referred to in 

subsec~ion F of this section to the National Indian Gaming Commission 

within 60 days after an employee begins work or within 60 days of the 

effective date of this Act. 

(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) . Renort to the Nat i onal In d i an Gam ina Commission 

(1) Pursuant to the procedures set out in subsection E of this 

section, the Commissioner shall prepare and forward to the National Indian 

Gaming Commission an investigative report on each background investigation. An investigative report shall include a11 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) With the report shall be submitted a copy of the eligibility 

determlnation made under subsection D of this section. 

(3) If a license is not issued to an applicant, the Commissioner: 

(a) Shall notify the National Indian Gaming Commission; and 

(b) may include copies of the eligibility determination and 
I 

investigative repor't (if any) in the Indian Gaming Individuals Records 

System. 

(4) With respect to key employees and primary management officials, 

the gaming manager or the tribal official responsible for the day to day 

operations of the gaming operation 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 delegate for no less than three years from the date of termination 

of employment. 

(GI. Grantina a Gamina License 

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

Commission receives a report, the National Indian Gaming Commission 

notifies the Commissioner 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 Chickasaw Nation has provided an 

application and investigative report to the National Indian Gaming 

Commission, a license may be issued to such individual. 

(2) The Commissioner 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 request shall suspend the 30-day period under 

paragraph (GI (1) of this section until the chairman of the National Indian 

Gaming Commission receives the additional information. 

(3) If, within the 30-dayperioddescribedabove, the National Indian 

Gaming Commission provides the Commissioner with a statement itemizing 

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

management official for whom the Chickasaw Nation has provided an 

application and investigative report to the National Indian Gaming 
Commission, thecommissioner shall reconsider theapplication, taking into 

account the objections itemized by the National Indian Gaming Commission. 

The Commissioner shall make the final decision to issue a license to such 

applicant. 

(HI. License Sus~ension 

(1) If, after the issuance of a gaming license, the Commissioner 

receives information fromtheNationa1 IndianGamingCommission indicating 

that a key employee or a primary management official is not eligible for 

employment under Section D above, the Commissioner shall suspend such 

license and notify in writing the licensee and his supervisor of the 

suspension and the proposed revocation. 

(2) The Commissioner 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 Commissioner shall decide to 

revoke or to reinstate a gaming license. The Commissioner shall notify 

the National Indian Gaming Commission, the Governor and the Legislature 

of his decision. 

(I). Licens~ Locations 

(a) The Commissioner shall issue a separate license to each place, 

facility or location where gaming is conducted under this authority. 

(b) Thecommissioner, deputies and staff of thecommissioner shall 

meet the samequalifications forlicensingas established for key employees 

and primary management officials. 

(c) The Commissioner, deputies or staff who cannot meet the minimum 

requirements for licensing under this Act shall not be employed by the 

Chickasaw Nation Gaming Commission in such capacity. 

Title IV. Gaming Commissioner. 

SEC. 401. The office of Gaming Commissioner of the Chickasaw ati ion is 
hereby created within the Executive Department. The Commissioner shall 

take an oath of office similar to that of elected officials and shall be I 

sworn to service. The Commissioner shall serve a term of three years from 

the date of such oath of office. 

Sec. 402. At any time when a vacancy occurs in the off ice of Commissioner, 

the office shall be filled by appointment by the Governor, by and with the 

advice and consent of the Legislature in accordance with Article XI, 

Section2 of theconstitution. Once the officeof Commissioner is vacated, 

the Governor shall, within 60 days of that vacancy, name an appointee to 

fill the position and shall so notify the Legislature. Once that 

notification is made or before, the Governor shall cause the process to 

be initiatedto clear that person as Commissioner through the requirements 

and provisions contained in this Act. Should that person clear the 

background check and investigations required, the Governor shall submit 

his name tothe legislature as his appointeeas Commissioner. If theperson 

does not clear the process, then the Governor shall submit the name of 

another person to be considered, who must then undergo the same process. 

This procedure shall be continued until a person is cleared, appointed and 

consent is given to that appointment by the Legislature. 

Sec. 403. An interim Commissioner may be selected by the Governor any time 

a vacancy in the office of Commissioner exists. Such an interim gaming 

commissioner shall fill the position until the Legislature acts to provide 

advice and cocsent to the governor regarding his appointment of a person 

to fill the Commissioner's position. An interimCommissioner shall serve 

at the pleasure of the Governor. 

Sec. 404. The Commissioner may be removed from off ice prior to the end 

of any term for cause under the provisions of tribal lawpertainingto same. 

Sec. 405. Prior to the appointment of a Commissioner by the Governor, such 
person shallhavepasseda background investigation, examination and check 

of the same nature of a key employee of a gaming enterprise pursuant to 

Sec. 306. Nothing in this section shall prohibit such person from serving 

as interim Commissioner pending the outcome of key employee review. 

Sec. 406. The Commissioner or the interim Commissioner shall be paid a 

salary in the range of L-19 through L-21. 

Sec. 407. The Commissioner shall be responsible to determine that 

provisions of this Act are followed and may exercise any proper power and 

authority necessary to perform the duties of his office. The Commissioner 

shall be responsible to make regulations which shall include but not be 

limited to: 

(1 Designing forms for background checks and employee applications; 

(2) designing and describing procedures for conducting background 

checks ; 

(3) designing and describing procedures for issuance of tribal 

licenses to primary management officials and key employees; 

(4) designing and describing procedures for resolving disputes 

betweenthegamingpublic andtheChickasawNationorthegaming enterprise 

management; 

(5) designating an agent for service of legal notices; 

(6) designating a law enforcement agency which will take fingerprints; 

(7) designing anddescribingprocedures for conducting criminal and 

credit histories and checks; 

(8) working with the comptroller to design and describe procedures 

to prevent theft and ensure the integrity of the gaming enterprises of the 

Chickasaw Nation; 
(9) designing and describing procedures for collection of license 

fees, taxes, other fees and levies as the same relates togaming enterprises 

of the Chickasaw Nation. 

Title V. Regulations 

Sec. 500. Any regulations promulgatedbythe Commissioner shall have full 

force and effect from the date of issuance. The Commissioner may withdraw, 

replace or amend any regulation that he has made. 

Sec. 501. (a) In adopting, amending or repealing any regulations under 

this Act, the Commissioner shall give a minimum of five (5) days notice 

of proposed regulation changes to all key employees, primary management 

officials, the general business manager and the Governor. 

(b) Notice shall be deemed made by regular posting to the address 

of all persons described herein, by hand delivery from the Commissioner 

or his delegate, or by telephone confirmed facsimile. 

Sec. 502. (a) A copy of all adopted regulations shall be maintained at 

the Central Business Services off ice (or the office within the Executive 

Department chargedwith the operations of gaming enterprises) and at each 

gaming enterprise facility. 

(b) Copies will be available to the public for copy costs at a perpage rate set by the Commissioner. 

Sec. 503. The Commissioner shall have the right to suspend any license 

location, licensee, employee or gaming participant for violation of any 

tribal regulations, tribal compacts, tribal ordinances, federal regulations or federal laws. Such suspension shall be for a period of not more 

than ninety (90) days for licensees and not more than two (2) years for 

gaming participants and others. Prior to any such suspension the person 

reviewed shall: 

(a) Be given notice of specific facts concerning the violation 
alleged. Suchallegationshalldescribeinwritingtheoffenseandbegiven 

ten (10) days prior to any hearing. 

(b) Suchnoticeof proceedings shallbeaccomplishedby regular mail 

to the last known address and by publicly posting the same within the 

affected gaming enterprise facility. Service by mail is not necessary if 

the Commissioner has no address for the person or entity. 

(c) At the hearing, the Commissioner shall state his understanding 

of the facts and allow the person or entity subject to the hearing the 

opportunity to be heard and to present evidence. 

(d) At the hearing the subject shall show cause that specific facts 

alleged are inaccurate or that special conditions exist which should 

mitigate suspension. 

(e) Following the hearing, the Commissioner shall issue in writing 

an order regarding the subject within seven (7) days, or the matter shall 

be deemed dismissed. If a suspension order is made, it shall state: 

(1) The specific violation of law or regulation of the subject, 

and 

(2 ) the suspension period imposed, stating beginning date and 

concluding date of suspension. 

(£1 Noticeof order shall beaccomplishedinthe samemanner as notice 

of proceedings. 

Sec. 504. All persons or entities subject to a suspension order shall be 

excluded from the gaming enterprise facility during such suspension. The 

Commissioner shall have the authority to direct the gaming enterprise 

facility security to enforce the exclusion of any person suspended under 

the terms of Sec. 503. 

Sec. 505. Thecommissioner may refuse to reveal, at any courtproceedings, 

the identity of any informant. 
Sec. 506. The comhissioner shall hold public hearings not less than 

annually to allow public comment about operation of a gaming enterprise 

facility. Themanager of eachgaming enterprise shall attend such hearings 

and may be directed by the Commissioner to respond to questions or to 

explaining operations at the Commissioner's discretion. 

Sec. 507. TheCommissionershallhaveauthorityuponthree (3) days written 

notice to depose any licensee, tribal employee or gaming participant. 

Sec. 508. Any document, affidavit, return or report fee, instrument or 

payment required to be filed, delivered or served upon the Commissioner 

or the Chickasaw Nation shall be deemed to be properly filed, delivered 

or served if it is filed, delivered or served as the case may be upon the 

Commissioner or the Governor at the tribal headquarters complex or as the 

Commissioner may otherwise direct by regulation. 

Sec. 509. The Commissioner may authorize in the same fashion as a law 

enforcement officer the issuance of positions of deputy commissioner on 

a temporary, part-time and/or full-time basis. Any person who is employed 

full-time as a deputy commissioner shall be required to meet the same 

qualifications as the commissioner in accord with Sec. 306. 

Sec. 510. The salary of a deputy commissioner, if any, shall be subject 

to the budgeting process of the Chickasaw Nation. 

Title VI. DisputeslWith Management 

Sec. 600. Any gaming participant or supplier may file a grievance against 

management with the Commissioner. The Commissioner shall establisha time 

for hearing, glve notice to all parties, hold hearing(s1 and rule upon the 

grievance. The ruling of the Commissioner may be appealed to the tribal 

court or to the Code of Federal Regulations Court of Indian Offenses for 

theChickasawNation. This section shall innoway be construedas awaiver 

of the Chickasaw Nation's sovereign immunity. 
I 

Sec. 501. Any part'icipant who has been denied benefits of gaming by a 

manager or management, who is injured on the premises due to the fault of 

amanagerormanagement, or has any other claim for relief againstamanager 

or management or any supplier who may have a claim for relief may have his 

grievanceagainstmanagementheardby filing the samewiththeCommissioner 

in writing. If no Commissioner or interim Commissioner exists, the same 

shall be filed with the Governor. The grievance shall describe the date, 

time and event which gives rise to the grievance and be signed and verified 

by the aggrieved person and signed by any legal counsel he may have. 

Sec. 502. The Commissioner shall set a date for hearing the grievance 

within ninety (90) days of the filing of the same. 

Sec. 503. The Commissioner shall give notice of such hearing together with 

a copy of the grievance to the manager and management of the gaming 

enterprise facility involved in the grievance and give notice of the 

hearing to the person filing the grievance by regular mail posted not less 

than ten days in advance of the hearing. 

Sec. 504. Atahearingonanygrievance, theperson filingthesame, manager 

and management shall be entitled to legal counsel. The person filing the 

grievance must be present for hearing of the same and shall be responsible 

to present a prima facie case for relief before response by the manager 

is required. Thecommissioner shall be free toquestion any person present, 

continue the hearing from time to time and conduct independent 

investigation of facts. Upon conclusion of hearing, the Commissioner shall 

have fcrty-five (45) days to render a written opinion. In the absence of 

awrittenopinionbytheCommissionerwithinthetime specified, thematter 

shall be deemed dismissed. 

Sec. 505. The Commissioner shall at any time prior to decision of any 

grievance, have the authority to suspend proceedings and to direct 
arbitration or mediation of the grievance under such terms as the 

Commissioner may direct. 

Sec. 506. The Commissioner shall keep the official fingerprint cards for 

the National Indian Gaming Commission on file in the office of the 

commissioner. 

(a) As part of any employment application, fingerprints shall be 

given upon cards issued by the National Indian Gaming Commission. 

(b) To obtain such prints, the Commissioner shall issue card(s) with 

request for assistance from Code of Federal Regulations police officers 

for the local area. CFR officers shall establish a time and location to 

take s~chprints and such law enforcement officer(s) shall taketheprints. 

(1 Nothing herein shall prevent the Commissioner from making 

separate arrangements with law enforcement officials outside the local 

area for fingerprintstobetakenoutsidethelocalarea. Sucharrangements 

to obtain fingerprints shall substantially comport with local procedures 

involving CFR officers. 

(c) After fingerprints have been taken, the CFR officers shall send 

the cards directly to the National Indian Gaming Commission in envelopes 

with cover letters providedbytheCommissionerwhich include an affidavit 

by the officer taking such prints that the prints were taken and posted 

by law enforcement officer(s). 

(dl Fees charged by the National Indian Gaming Commission for 

processingof fingerprints shallbepaidbytheChickasawNation, excepting 

those individuals and organizations which have posted bonds for such 

reports. 

Sec. 507. The Commissioner shall request local CFR officers to perform 

initial criminal background checks for each application for employment. 

(a) The Commissioner shall receive the actual printout or a summary 
of any initial background check which shall identify any felony, criminal 

history, or crime of moral turpitude which is known to CFR officers. The 

commissioner shall be consideredatribal law enforcement officer for such 

review. 

(b) TheCommissionershall reviewanybackgroundcheck report issued 

to the tribe. The Commissioner shall share any information revealed by 

such checks to the manager of gaming facilities which, in the 

Commissioner's judgment, affects the consideration of an individual for 

employment. 

(c) The Commissioner shall use the results of any background check 

to perform the lawful duties of Commissioner. 

Sec. 508. (a) The tribe may be served notice of process for official 

determination, order or noticeof violationof the IndianGamingRegulatory 

Act by the National Indian Gaming Commission or other federal entity by 

service upon the Commissioner or upon the Governor. Nothing herein shall 

be deemed to waive or impair the Chickasaw Nation's right to sovereign 

immunity. Nothing herein shall be deemed a grant of jurisdiction or venue 

for any court to review cases or controversies which such court is not 

otherwise empowered to review. 

(b) The Commissioner shall forward fingerprints and information to 

the National Indian Gaming Commission on all tribal gaming employees and 

other persons for whom background checks are required. 

(c) Thecommissioner shallrequesta report fromtheNationa1 Indian 

Gaming Commission which shall include a check through the Federal Bureau 

of Investigation's National Criminal Information Center. 

(d) Fees charged by the National Indian Gaming Commission for 

processing such reports shall be paid by the tribe excepting those 

individuals and organizations that have posted bonds for such reports. 
Sec. 509. (a) The Commissioner shall determine that an appropriate 

investigation has been conducted on key employees and primary management 

officials. An appropriate investigation shall include as a minimum: 

(1) Obtaining and processing fingerprints; 

(2) explanationof job description, fitness of individual toperform 

job and explanation of how individual was selected for position; 

(3) credit check; 

(4) verification of resume; 

(5) character check regarding prior activities, criminal record, 

reputation, habits and associations, includingbut not limited to personal 

interview summaries with a sufficient number of knowledgeable people such 

as former employees, personal references and others to form a basis for 

character suitability determination; 

(6) document all potential problems and possible disqualification 

information. 

(b) After completion of the background investigation, the cornrnissioner shall prepare an investigative report setting forth the following: 

(1) Who conducted various parts of the report, their qualifications 

and address; 

(2) an outline of the background investigation process including 

steps taken in investigation; 

(3) a description of the information obtained together with 

conclusions of investigation; 

(4) statement of basis for conclusion; 

(5) an organization chart showing the location within the 

organization of the individual investigated and the positions or people 

over which the individual investigated may be responsible. 

Sec. 510. The Commissioner shall issue tribal licenses and sign the name 
for primary managemlent officials and key employees who are involved in 

gaming. Such licenses shall: 

(a) Not be required until background investigations are complete; 

(b) be issued when the results of background investigations are 

available to the Commissioner and such reports indicate that the individual 

is of appropriate character to participate in a tribal gaming enterprise. 

Executed in regular session of the Chickasaw Tribal Legislature meeting 

at Ada, Oklahoma, on January 21, 1994, by a vote of 13 ayes, 0 

nays and 0 abstentions. 

Chickasaw Tribal Legislature Chickasaw Tribal Legislature 

Concur : te: 

The Chickasaw ~ationy