June 15, 2016 

Via First Class Mail 

Mark Ingersoll, Chairman 

Confederated Tribes of Coos, 

Lower Umpqua and Siuslaw Indians 

1245 Fulton A venue 

Coos Bay, Or 97420 

Re: Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians 

Gaming Code Amendment 

Dear Chairman Ingersoll: 

This letter responds to your request for the National Indian Gaming Commission 

to review and approve an amendment to the Confederated Tribes of Coos, Lower 

Umpqua and Siuslaw Indians' Gaming Code. The Tribal Council approved Ordinance 

No. 030E, on April 27, 2016. The ordinance, which was received on May 10, 2016, 

amends the Tribe 's Gaming Code to conform to NlGC's revised regulations. 

Thank you for bringjng the amendment to my attention. Ordinance No. 030E is 

approved as it is consistent with the tndian Gaming Regulatory Act and NIGC 

regulations. If you have any questions, please feel free to contact Staff Attorney Esther 

Dittler at 202-420-9229. 

Sincerely, 

1-kk· 

Jonodev 0. Chaudhuri 

cc: Bruce Greene, Esq. 

Stephanie Zehrcn, Esq. 

NF.W MAILING .U.lORESS: NIGC/ Df'PARTMENT OF THI INTERIOR 1849 C Slreel NW, Moil Stop fl 1621 Wa shington, DC 20240 Tel: 202.632.7003 fox: 202.632.7066 

IUGIONAL OfFICES Por1la11d, OR; Sacra mento, CA; Phoenix, AZ; St. Poul, MN; Tulsa OK; Oklahoma Cily, OK 

WWW.NIGC.GOV 
ORDINANCE NO: 030E 

AN ORDINANCE REVISING GAMING CODE (CLUSITC Chapter 5-2) 

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and 

Siuslaw Indians finds that: 

A. On December 13, 2015, Tribal Council adopted Ordinance 0300 to amend 

the Gaming Code (CL US ITC Chapter 5-2) to: (1) clarify the role of the 

Tribal Gaming Commission and the Director of the Tribal Gaming 

Commission; (2) ensure that the Gaming Code (CLUSITC Chapter 5-2) is 

in compliance with applicable regulations; and (3) update its provisions 

consistently with Gaming Commission and tribal practices that have 

developed over time; 

B. After the adoption of Ordinance 0300, the amended Gaming Code 

(CLUSITC Chapter 5-2) was submitted to the NIGC for approval; 

C. NIGC requested minor revisions to the amended Gaming Code (CLUSITC 

Chapter 5-2), which are incorporated into Exhibit A to this Ordinance 030E; 

and 

D. Pursuant to CLUSITC 1-7-2(d), with the unanimous consent of the Tribal 

Council present, the Tribal Council may consider and enact an amendment 

to the Code at a single meeting, without multiple readings, postings and 

comment period, if the amendment is technical in nature and does not 

effect a substantive change to the Code. 

THE CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW 

INDIANS ORDAINS AS FOLLOWS: 

Section 1. Tribal Council finds pursuant to CLUSITC 1-7-2(d) that the additional 

amendments requested by NIGC and reflected in this ordinance are technical in nature 

and do not effect a substantive change to the Gaming Code. 

Section 2. Chapter 5-2 (Gaming) of the Confederated Tribes of Coos, Lower 

Umpqua and Siuslaw Indians Tribal Code is amended as set out in the attached Exhibit 

A (deleted text is red and stFioken and new text is blue and underlined), effective upon 

approval by the NIGC and shall be codified in the CTCLUSI Tribal Code. 

Section 3. Chapter 5-2 (Gaming) of the Confederated Tribes of Coos, Lower 

Umpqua and Siuslaw Indians Tribal Code is replaced in its entirety as set out in the 

attached Exhibit B, effective upon approval by the NIGG and shall be codified in the 

CTCLUSI Tribal Code. 

2 
Section 4. The Tribal Court Clerk, at the request of, or with the consent of the 

Tribes' General Counsel, is authorized to administratively correct any reference errors 

contained herein, or in other provisions of the Tribal Code to the provisions added, 

amended or repealed herein. 

CERTIFICATION: On April 27, 2016, this Ordinance 030E was adopted at a Tribal 

Council meeting held this date, and the vote was: 

5 FOR 

(/; --AGAINST 

CONFEDERATED TRIBES OF COOS, 

LOWER UMPQUA & SIUSLAW INDIANS 

00796201.v2 

Councilperson 

3 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIU SLAW IND/ANS TRIBAL CODE 

TITLE 5 • REGULA TORY PROVISIONS 

CHAPTER 5-2 GAMING 

5·2·1 Authority and Purpose 

The Tribal Council has authority to adopt this Gaming Code under Article I, Section 1 

and Article VI, Section 2 of the Tribes' Constitution. The Gaming Code, and any 

subsequent amendment(s), shall be subject to approval by the National Indian Gaming 

Commission under the Indian Gaming Regulatory Act. The purpose of this Gaming 

Code is to set forth the regulations governing Class II and Class Ill Gaming on 

CTCLUSI Indian Lands. Class I Gaming (social games played solely for prizes of 

minimal value; or traditional forms of Indian gaming when played by individuals in 

connection with tribal ceremonies or celebrations) is not regulated by this Gaming Code. 

5-2-2 Gaming Authorized 

(a) Class 11 Gaming, as defined in CLUSITC 5-2-3(b), and as authorized by the 

Indian Gaming Regulatory Act, may be played on CTCLUSI Indian Lands, in 

accordance with this Gaming Code and applicable regulations of the National Indian 

Gaming Commission. 

(b) Class Ill Gaming, as defined in CLUSITC 5-2-3(c), and as authorized by the 

Indian Gaming Regulatory Act, may be played on CTCLUSI Indian Lands, in 

accordance with this Gaming Code, the Tribal-State Compact, and applicable 

regulations of the National Indian Gaming Commission. 

(c) Before authorizing any gaming activity pursuant to this Gaming Code, the Tribes 

shall ensure that: 

(1) The gaming activity is located on CTCLUSI Indian Lands; 

(2) With respect to Class II Gaming, the State of Oregon permits such gaming 

for any purpose by any person, organization or entity (and such gaming is not 

otherwise specifically prohibited on Indian Lands by federal laws); and/or 

(3) With respect to Class Ill Gaming, the gaming activity is authorized by the 

Compact. 

5-2·3 Definitions 

The following definitions shall apply to this Gaming Code: 

(a) "Chair": the Chair of the National Indian Gaming Commission or his or her 

designee. 

(b) "Class II Gaming" consists of the following: 

REGULATORY PROVISIONS 

GAMING 

Page 1 of24 

Exhibit 8 

Page 1of24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIUSLAW IND/ANS TRIBAL CODE 

(1) The game of chance commonly known as bingo (whether or not 

electronic, computer or other technologic aids are used) when players: 

(A) Play for prizes with cards bearing numbers or other designations; 

(B) Cover numbers or designations when objects, similarly numbered 

or designated, are drawn or electronically determined; and 

(C) Win the game by being the first person to cover a designated 

pattern on such cards. 

(2) Including (if played in the same location as bingo) pull-tabs, lotto, punch 

boards, tip jars, instant bingo, and other games similar to bingo. 

(3) Nonbanking card games that: 

(A) State law explicitly authorizes, or does not explicitly prohibit, and 

are played legally anywhere in the State; and 

(B) Players play in conformity with State laws and regulations 

concerning hours, periods of operation and limitations on wagers and pot 

sizes. 

(c) "Class Ill Gaming": all forms of gaming not classified as Class I or 11, and 

authorized by the Compact. 

(d) "CLUSITC": the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw 

Indians' Tribal Code. 

(e) "Commission": the CTCLUSI Gaming Commission. 

(f) "Commission Staff': the CTCLUSI Gaming Commission staff, supervised by and 

including the Executive Director. 

(g) "CTCLUSI" or "Tribes": the Confederated Tribes of Coos, Lower Umpqua, and 

Siuslaw Indians. 

(h) "CTCLUSI Indian Lands" or "Indian Lands": 

(1) Land within the limits of the CTCLUSI Reservation; or 

(2) Land over which CTCLUSI exercises governmental power and that is 

either: 

(A) Held in trust by the United States for the benefit of the Tribes or any 

individual member of the Tribes; or 

(B) Held by the Tribes or any individual member of the Tribes and 

subject to restriction by the United States against alienation: or 

REGULATORY PROVISIONS 

GAMING 

Page 2 of24 

Exhibit B 

Page 2 of 24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, ANO SIU SLAW IND/ANS TRIBAL CODE 

(C) Land on which gaming by CTCLUSI is allowed by IGRA. 

(i) "Executive Director": the Executive Director of the CTCLUSI Gaming 

Commission. 

0) "Gambling Device": the devices described in 15 U.S.C. § 1171(a), as may be 

amended from time to time. 

(k) "Gaming Code": this Chapter 5-2 of the CLUSITC. 

(I) "Gaming Facility": any building, structure or grounds used by CTCLUSI for 

gaming purposes, other than Class I Gaming, including any property used to store 

gaming equipment, supplies or records. 

(m) "Gaming Operation": Each economic entity authorized by this Gaming Code and 

licensed by the CTCLUSI Gaming Commission that operates the games, receives the 

revenues, issues the prizes, and pays the expenses. A Gaming Operation may be 

operated by the Tribes directly, through a tribally-chartered corporation, or by a 

Management Contractor. 

(n) "High Security Employee": shall have the meaning defined in the Compact and 

shall apply only to a Class Ill Gaming Operation. 

(o) "Immediate Family" shall include parents, children, spouses, significant others, 

brothers, and sisters. 

(p) "IGRA": the Indian Gaming Regulatory Act, P.L. 100-497; 102 Stat. 2467; 

codified in part at 25 U.S.C. §§ 2701-2721 . 

(q) "Key Employee": 

(1) A person performing one or more of the following functions: 

(A) bingo caller; 

(B) counting room supervisor; 

(C) chief of security; 

(D) custodian of gaming supplies or cash; 

(E) floor manager; 

(F) pit boss; 

(G) dealer; 

(H) croupier; 

(I) approver of credit; 

(J) custodian of Gambling Devices including persons with access to 

cash and accounting records within such devices; 

(K) security; 

(L) information technology; 

REGULATORY PROVISIONS 

GAMING 

Page 3 of 24 

Exhibit B 

Page 3of24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND S/USLAW IND/ANS TRIBAL CODE 

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

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

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

each Gaming Operation. 

(4) If not otherwise included, any person in a Class Ill Gaming Operation who 

would be considered a Key Employee under the Compact. 

(5) Any other person designated by the Commission as a Key Employee. 

(r) "Low Security Employee": 

(1) In a Class II Gaming Operation, Low Security Employee means any 

employee of the Class II Tribal Gaming Operation who is not a Primary 

Management Official or a Key Employee. 

(2) In a Class 111 Gaming Operation, Low Security Employee shall have the 

meaning defined in the Compact. 

(s) "Management Contract": any contract, subcontract, or collateral agreement 

between the Tribes and an outside Management Contractor, not a regular employee of 

the Tribes, if such contract or agreement provides for the management of all or part of a 

Gaming Operation. 

(t) "Management Contractor": a natural person or entity (other than the Tribes) that 

has entered into a Management Contract with the Tribes pursuant to 25 U.S.C. § 

2710( d)(9) and 2711. 

(u) "Tribal Internal Control Standards" ("TICS") or "Minimum Internal Control 

Standardsu ("MICS"): 

(1) For Class II Gaming, means the Tribal Internal Control Standards adopted 

by the Tribes consistent with 25 CFR Part 543. 

(2) For Class Ill Gaming, means the Tribal/State "Minimum Standards for 

Internal Controls" attached as the Appendix to the Compact, including revisions 

made pursuant to§ 8(A) of the Compact. 

(v) "Net Revenues": gross gaming revenues of a Gaming Operation less amounts 

paid out as, or paid for, prizes, and total gaming-related operating expenses, including 

all those expenses of the Gaming Operation commonly known as operating expenses, 

non-operating expenses consistent with professional accounting pronouncements, and 

the cost of interest on debt service, but excluding management fees , if any. 

(w) "NIGC": the National Indian Gaming Commission. 

REGULA TORY PROVISIONS 

GAMING 

Page 4 of 24 

Exhibit B 

Page 4 of 24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIUSLAW INDIANS TRIBAL CODE 

(x) "Oregon State Police" or "OSP": the Gaming Enforcement Division, or that 

administrative unit, of the Department of State Police established under ORS 181.020, 

charged with gaming enforcement regulatory responsibilities, or its successor agency 

established by law. 

(y) "Primary Management Official": 

(1) A person having management responsibility for a Management Contract; 

(2) A person with authority to hire and fire or set up working policy for a 

Gaming Operation; 

(3) A Chief Financial Officer or other person who has financial management 

responsibility; 

(4) If not otherwise included, in a Class Ill Gaming Operation, any other 

person who would be considered a Primary Management Official under the 

Compact; or 

(5) Any other person designated by the Commission as a Primary 

Management Official. 

(z) "State": the State of Oregon. 

(aa) "Tribal-State Compact" or "Compact": the agreement between the Tribes and the 

State of Oregon, and approved by the Secretary of the Interior pursuant to 25 U.S.C. 

2710(d)(8), governing the conduct of Class Ill Gaming on CTCLUSI Indian Lands. 

(bb) "Tribal Council": the Tribal Council of the Confederated Tribes of Coos, Lower 

Umpqua, and Siuslaw Indians. 

(cc) "Tribal Court": the Tribal Court of the Confederated Tribes of Coos, Lower 

Umpqua, and Siuslaw Indians. 

(dd) "Vendor": any manufacturer, consultant or supplier of goods or services related to 

Class II or Class Ill Gaming. 

5-24 Ownership 

The Tribes shall have sole proprietary interest in and responsibility for conducting any 

Class II and Class Ill Gaming Operations authorized by this Gaming Code. 

5-2-5 Unauthorized Gaming 

The Tribes shall initiate an action against any person or entity conducting or taking part 

in unauthorized Class II or Class Ill Gaming on CTCLUSI Indian Lands in the Tribal 

Court, or if the Tribal Court lacks jurisdiction, in any court of competent jurisdiction. 

REGULATORY PROVISIONS 

GAMING 

Page 5 of24 

Exhibit B 

Page 5 of 24 
CONFEDERATED TRIBES of COOS. LOWER UMPQUA, AND SIU SLAW /ND/ANS TRIBAL CODE 

5-2-6 Use of Net Revenues 

Net Revenues from Class II and Class Ill Gaming shall be used only for the following: 

funding tribal government operations and programs; providing for the general welfare of 

CTCLUSI and its members; promoting tribal economic development; donations to 

charitable organizations; or helping to fund operations of local governmental agencies. 

5-2-7 Gaming Commission 

(a) The Gaming Commission is hereby established to regulate Class II and Class Ill 

Gaming on CTCLUSI Indian Lands. The Commission shall consist of five (5) members 

appointed by a majority vote of the Tribal Council. 

(b) The purpose of the Commission and Commission Staff is regulatory, not 

managerial. The Commission, Commission Staff, or individuals designated to perform 

Commission duties shall not participate in any way in the management of a Gaming 

Operation. The Commission and Commission Staff shall conduct oversight to ensure 

compliance with the Compact, and with tribal, federal, and, if applicable, State law and 

regulations. The Commission shall serve as the licensing authority for individuals 

employed in a Gaming Operation and shall ensure that appropriate background 

investigations are conducted as part of the licensing process. The Commission and 

Commission Staff shall also monitor compliance with the MICS or TICS, as appropriate , 

for a Gaming Operation. In order to carry out its regulatory duties, the Commission and 

Commission Staff shall have unrestricted access to all areas of a Gaming Operation 

and to all records. The Commission shall have the authority to take enforcement 

actions, including suspension or revocation of an individual gaming license when 

appropriate. 

(c) CTCLUSI recognizes the importance of an independent Commission in 

maintaining a well-regulated Gaming Operation. The Commission shall act 

independently and autonomously from the Tribal Council in all matters within its purview. 

No prior or subsequent review by the Tribal Council of any actions of the Commission 

shall be required or permitted, except as otherwise explicitly provided in this Gaming 

Code. 

(d) Commissioners must meet the following minimum eligibility requirements: 

(1) Commissioners must be at least twenty-one (21) years of age; 

(2) Commissioners must successfully complete a background investigation, 

as set forth in CLUSITC 5-2-15; 

(3) No member of the Tribal Council may serve as a Commissioner; 

(4) No employee of a Gaming Operation may serve as a Commissioner. 

REGULATORY PROVISIONS 

GAMING 

Page 6 of 24 

Exhibit B 

Page 6 of 24 
CONFEDERATED TRIBES of COOS. LOWER UMPQUA, AND SIU SLAW fNDIANS TRIBAL CODE 

(e) The following restrictions shall apply to Commissioners: 

(1) Commissioners are prohibited from gaming in a Gaming Facility; 

(2) Commissioners shall not have any financial interest in any gaming by any 

Gaming Facility patron; and 

(3) Commissioners are prohibited from accepting complimentary items from a 

Gaming Operation, excepting authorized accommodations, meals, and related 

expenses in connection with official Commission duties. 

(4) Commissioners are prohibited from voting in any matter wherein he or she 

or a member of his or her Immediate Family has a direct personal and/or 

financial interest. 

(f) The Commission shall exercise all powers necessary to regulate Class II and 

Class Ill Gaming on CTCLUSI Indian Lands, consistent with IGRA, this Gaming Code, 

the Compact and other applicable law. The duties of the Commission include the 

following without limitation: 

(1) Developing all necessary license application forms; 

(2) Processing all license applications, making determinations regarding the 

suitability of applicants for licensing, issuing licenses to qualified persons and 

notifying the NIGC of the issuance or denial of such licenses as required by IGRA 

and the NIGC implementing regulations; 

(3) Approving, denying, limiting, conditioning, revoking, rescinding or 

suspending any gaming license or assessing a fine against any person or entity 

licensed or required to be licensed pursuant to this Gaming Code, IGRA, the 

Compact and other applicable law and regulations; 

(4) Determining appropriate license fees; 

(5) Promulgating and amending regulations as the Commission deems 

necessary to implement this Gaming Code and the Tribal-State Compact; 

(6) Imposing civil penalties or other sanctions including seizure of property; 

and 

(7) Executing all other duties assigned to the Commission in the Compact 

and/or by the Tribal Council. 

(g) Terms of office for Commissioners shall be three (3) years or until a successor is 

appointed. Upon NIGC approval of amendments to this Gaming Code expanding the 

size of the Gaming Commission from three (3) to five (5) members, the initial terms of 

Commissioners will be staggered as follows: one member shall serve an initial term of 

one (1) year; two members shall serve an initial term of two (2) years; and two 

REGULATORY PROVISIONS 

GAMING 

Page 7 of 24 

Exhibit B 

Page 7of24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SJUSLAW IND/ANS TRIBAL CODE 

members, including the Chair, shall serve an initial term of three (3) years. Subsequent 

to the initial term, each Commissioner may be appointed to additional three-year terms, 

at the discretion of the Tribal Council. Upon approval of this Gaming Code by the NIGG, 

the Tribal Council shall appoint a Chair and a Vice-Chair, who shall thereafter serve 

their initial terms . 

(h) Commissioners may be removed from office prior to the expiration of their 

respective terms only for cause by a majority vote of the Tribal Council. Neglect of duty, 

misconduct, malfeasance, or other acts that would render a Commissioner unqualified 

for his/her position shall be cause for removal. Commissioners will be given an 

opportunity to provide evidence rebutting the grounds for their proposed removal. A 

vote of the Tribal Council on the decision to remove a Commissioner shall be final and 

not subject to appeal. 

(i) The Tribal Council shall promptly fill Commission vacancies. Newly appointed 

Commissioners shall fill the term of the Commissioner whom they are replacing. 

U) A Commissioner's seat shall be immediately vacant upon conviction of any 

felony, conviction of any misdemeanor related to illegal gambling or bribery, or upon 

having three (3) consecutive unexcused absences from Commission meetings. 

(k) As set forth in CLUSITC 5-2-B(a), nothing in this Gaming Code prohibits the 

Executive Director from simultaneously serving on the Commission. In the event that 

the Executive Director serves on the Commission and his or her employment is 

terminated for any reason, he or she shall also immediately vacate his or her seat on 

the Commission. Thereafter, the Tribal Council may in its sole discretion choose to 

appoint the former Executive Director to the vacant Commission seat if the former 

Executive Director is qualified for the position. 

(I) The Tribal Council shall establish compensation rates for Commissioners. 

Commissioner compensation shall not be based on a percentage of gaming revenue. 

(m) Any regulations promulgated by the Commission to implement this Gaming Code 

and the Tribal-State Compact shall be subject to the following requirements: 

(1) The Commission shall provide a minimum of thirty (30) days' notice of 

proposed regulations. 

(2) Notice of the proposed regulation(s) shall be posted at the Gaming 

Facility, the tribal offices, and the tribal community center, and provided to the 

Tribal Council and the management of all Gaming Facilities. 

(3) The notice shall specify the purpose of the proposed regulation, the 

proposed language, and the factors the Commission has considered in its 

determination to enact the proposed regulation, and an address at which the 

Commission shall receive comments. 

REGULATORY PROVISIONS 

GAMING 

Page 8 of 24 

Exhibit B 

Page 8 of 24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIUSLAW IND/ANS TRIBAL CODE 

(4) During the notice period, the Commission shall receive comments 

regarding the proposed regulation at the Commission offices, or at a designated 

mailing address. 

(5) After the notice period has ended, the Commission shall consider 

comments on the proposed regulation at a public meeting. 

(6) Thereafter, the Commission shall determine whether any changes should 

be made to the proposed regulation based on comments received and whether 

to adopt the proposed regulation. 

(7) The validity of any Commission regulation may be determined by the 

Tribal Court in the following manner: 

(a) The CTCLUSI Tribal Administrator may file a petition for Tribal 

Court review of a Commission regulation at any time. 

(b) Any person or entity that commented on a proposed Commission 

regulation as provided in CLUSITC 5-2-7(m)(4) may file a petition for 

Tribal Court review of the regulation within ten (10) days of the 

Commission's adoption of the regulation. 

(c) The validity of any Commission regu lation may be determined by 

Tribal Court upon enforcement of such regulation or order in the manner 

provided by Tribal law, except that Tribal Court shall not declare a 

Commission regulation invalid as to any licensee that agreed to be bound 

by the regulation as a condition of the licensee's license. 

(d) Tribal Court shall declare a Commission regulation invalid only if it 

finds that the regulation: 

(i) Violates constitutional provisions; 

(ii) Exceeds the authority of the Commission; or 

(iii) Was adopted without compliance with applicable rulemaking 

procedures, provided, however, that any such challenge must be 

brought within ninety days of the adoption of the regulation. 

(n) The Commission shall meet as often as required to discharge its responsibilities 

and duties under this Gaming Code. 

(o) A quorum of the Commission shall consist of three (3) members. All decisions 

shall be made by a majority vote of the Commission. 

(p) The Commission, through the Executive Director, shall make quarterly reports to 

the Tribal Council within thirty (30) days of the end of each quarter. The reports shall 

REGULATORY PROVISIONS 

GAMING 

Page 9 of24 

Exhibit B 

Page 9 of 24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIUSLAW IND/ANS TRIBAL CODE 

include, at a minimum, a description of the work performed by the Commission during 

the previous quarter, as well as a summary of all licensing and enforcement actions. 

(q) In all decisions, the Commission and Commission Staff shall act to promote and 

ensure integrity, security, honesty and fairness of operation and administration of all 

gaming activities. 

(r) The Commission Staff shall prepare an annual budget, which shall be timely 

submitted to the Tribal Council for approval and published with the Tribes' annual 

budget. At the end of the budget year, any unexpended funds may be applied to the 

following year's budget at the Tribal Council's discretion. 

(s) Subject to the annual budget approved by the Tribal Council, the Executive 

Director may organize the Commission Staff into divisions and employ such staff as 

necessary to implement this Gaming Code. All Commission Staff must satisfy all of the 

minimum eligibility requirements applicable to Commissioners, as set forth in CLUSITC 

5-2-7(d). and are subject to the restrictions set forth in CLUSITC 5-2-7(e). 

(t) The Commission Staff shall maintain files and records of the Commission and 

shall make such records available for inspection, as required by the Compact, this 

Gaming Code and applicable law. All files and records maintained by the Commission 

Staff shall be open for inspection by the Tribal Council, unless otherwise restricted by 

applicable law. 

5-2-8 Commission Executive Director 

(a) The Tribal Council shall appoint an Executive Director. The Executive Director 

and all Commission Staff must satisfy all of the minimum eligibility requirements 

applicable to Commissioners, as set forth in CL US ITC 5-2-7(d) of this Gaming Code. 

(b) The Executive Director shall be responsible for the hiring and firing of 

Commission Staff and for the day-to-day monitoring of gaming activities, including the 

implementation and enforcement of the regulations promulgated by the Commission. 

(c) The Executive Director shall attend and be permitted to participate actively in all 

meetings of the Commission. 

(d) Removal of the Executive Director: 

(1) The Executive Director shall be immediately and automatically removed if 

at any point during his/her employment the Executive Director fails to meet the 

minimum eligibility standards for Commissioners set forth in CLUSITC 5-2-7(d), 

engages in conduct prohibited by CLUSITC 5-2-7(e), or is convicted of any felony 

or any misdemeanor related to illegal gambling or bribery. 

(2) Subject to the provisions of subsection ( 1 ) above, the Executive Director 

shall serve at the pleasure of the Tribal Council. 

REGULATORY PROVISIONS 

GAMING 

Page 10 of24 

Exhibit B 

Page 10 of 24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIUSLAW IND/ANS TRIBAL CODE 

(3) Notwithstanding the provisions of CLUSITC Chapter 9-4, if the Executive 

Director is removed for any reason, there shall be no right of appeal. 

(e) The Executive Director, supported by Commission Staff, shall carry out all duties 

and responsibilities assigned to the Executive Director under this Gaming Code. The 

Executive Director shall at all times act to promote and ensure the integrity, security, 

honesty and fairness of the operation and administration of all gaming activity. The 

duties of the Executive Director include, but are not limited to, the following: 

(1) Overseeing the Gaming Operations to ensure compliance with this 

Gaming Code and the Compact; 

(2) Communicating with the NIGC and agencies of the State of Oregon, 

including the Oregon State Police, as necessary and appropriate to ensure 

compliance with applicable NIGC regulations, the Tribal-State Compact and this 

Gaming Code; 

(3) Ensuring there is an adequate system for background investigations of 

license applicants and licensees, and that oversight of licensees is conducted on 

an ongoing basis; 

(4) Conducting or causing to be conducted background investigations as set 

forth in this Gaming Code; 

(5) Submitting a notice of results of the background investigation of any Key 

Employee or Primary Management Official to the NIGC, as set forth in 25 CFR 

Parts 556 and 558; 

(6) Submitting a complete copy of the background investigation report on any 

High Security or Primary Management Official to the Oregon State Police as 

required by the Compact; 

(7) Conducting or causing to be conducted testing for illegal drug use as set 

forth in this Gaming Code; 

(8) Inspecting and examining all premises where gaming is conducted or 

Gambling Devices and/or equipment are stored, sold or distributed, and 

inspecting and examining all Gambling Devices, equipment and supplies to 

ensure compliance with this Gaming Code and any other applicable law; 

(9) Inspecting and reviewing all gaming contracts to ensure compliance with 

this Gaming Code and any other applicable law; and inspecting and reviewing 

records, books and financial documents relating to the conduct of gaming to 

determine compliance by the licensee with this Gaming Code and any other 

applicable law; 

(10) Establishing a list of persons not permitted by the Executive Director to 

game in a Gaming Facility; 

REGULATORY PROVISIONS 

GAMING 

Page 11 of24 

Exhibit B 

Page 11 of 24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIUSLAW IND/ANS TRIBAL CODE 

(11) Safeguarding the assets transported to, from and within a Gaming Facility; 

and 

(12) Investigating possible violations of this Gaming Code or the Compact, and 

recommending to the Commission whether sanctions should be imposed on any 

person subject to the jurisdiction of this Gaming Code. 

(a) The Tribes, in conjunction with the Commission and Commission Staff, shall 

cause to be conducted an annual independent audit of each Class II and Class Ill 

Gaming Operation on CTCLUSI Indian Lands and, if required, shall cause the results of 

that audit to be timely submitted to the NIGC. 

(b) All gaming related contracts that result in purchases of supplies, services, or 

concessions for more than $25,000 in any year, except contracts for legal and 

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

5-2-10Construction, Maintenance and Operation of Facility 

Each Gaming Facility shall be constructed, maintained and operated in a manner that 

adequately protects the environment and the health and safety of the public. This shall 

include compliance with the Tribes' Building Code, CLUSITC Chapter 8-4, as may be 

amended. 

5-2-11 Individuals Required to Be Licensed By the Commission 

(a) Class II Gaming Operations: Primary Management Officials, Key Employees and 

Low Security Employees of Class II Gaming Operations shall be licensed by the 

Commission in accordance with the provisions of this Gaming Code and any applicable 

NIGC regulations. 

(b) Class Ill Gaming Operations: Primary Management Officials, Key Employees, 

High Security Employees and Low Security Employees of Class Ill Gaming Operations 

shall be licensed by the Commission in accordance with the provisions of this Gaming 

Code, the Compact, and any applicable NIGC regulations. 

5-2·12 License Applications 

(a) The Commission shall adopt license application forms for all prospective 

employees of Class II or Class Ill Gaming Operations required by the Tribes to be 

licensed. 

(b) The following notice shall be placed on the Tribe's license application form for a 

Key Employee or a Primary Management Official before it is filled out by an applicant: 

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

Solicitation of the information on this form is authorized by 25 U.S.C. §§ 2701 et 

REGULATORY PROVISIONS 

GAMING 

Page 12 of24 

Exhibit B 

Page 12 of 24 
CONFEDERATED TRfBES of COOS, LOWER UMPQUA, AND S/USLAW INDIANS TRIBAL CODE 

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

individuals to be granted a gaming license. The information will be used by the 

Tribal gaming regulatory authorities and by the National Indian Gaming 

Commission members and staff who have need for the information in the 

performance of their official duties. The information may be disclosed by the 

Tribe or the NIGC to appropriate Federal, Tribal, State, local, or foreign law 

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

investigations or prosecutions or when pursuant to a requirement by a tribe or the 

NIGC in connection with the issuance, denial, 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 

being unable to license you for 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. 

(c) The following additional notice shall be placed on the application form for a Key 

Employee or a Primary Management Official before it is filled out by an applicant: 

A false statement on any part of your license application may be grounds for 

denying a license or the suspension or revocation of a license. Also, you may be 

punished by fine or imprisonment (U.S. Code, title 18, section 1001). 

(d) The Commission Staff shall notify in writing existing Key Employees and Primary 

Management Officials who have not completed an application containing the notices set 

forth above that they shall either: 

(1) Complete a new application form that contains the Privacy Act, false 

statement, and disclosure notices; or 

(2) Sign a statement that contains the Privacy Act, false statement and 

disclosure notices and consent to the routine uses described in those notices. 

(e) In accordance with the Compact, the application form to be signed by an 

applicant for a tribal gaming license in a Class 111 Gaming Operation shall include a 

notice that the applicant consents to disclosure to the State of relevant tribal records. 

5-2-13Background Investigations of Applicants for Positions in the Class II and 

Class Ill Gaming Operations 

(a) Each applicant for a position as a Primary Management Official, Key Employee 

or Low Security Employee shall provide all of the following information, which shall be 

used to conduct a background investigation: 

REGULATORY PROVISIONS 

GAMING 

Page 13 of 24 

Exhibit B 

Page 13 of 24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND S/USLAW IND/ANS TRIBAL CODE 

(1) Full name, other names used (oral or written) including nicknames and 

aliases, social security number(s), birth date, place of birth, citizenship, gender, 

all languages (spoken or written); 

(2) All the following information currently and for at least the previous five (5) 

years: business and employment positions held, ownership interests in those 

businesses, business and residence addresses, and driver's license number(s) 

or state-issued identification card(s); 

(3) Names and current addresses of at least three (3) personal references, 

including at least one personal reference who was acquainted with the applicant 

during each period of residence listed under paragraph {a)(2) of this section; 

(4) Current business, residence and mobile telephone numbers; 

(5) A description of any existing and previous business relationships with 

Indian tribes, including ownership interests in those businesses; 

(6) A description of any existing and previous business relationships with the 

gaming industry in general, including ownership interests in those businesses; 

(7) The name and address of any licensing or regulatory agency with which 

the applicant has filed an application for a license or permit related to gaming, 

whether or not such license or permit was granted, and, if any disciplinary actions 

were taken by any such licensing or regulatory agency, a description of such 

disciplinary actions; 

(8) The name and address of any licensing or regulatory agency with which 

the applicant has filed an application for an occupational license or permit, 

whether or not such license or permit was granted; 

(9) 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; 

(10) For each misdemeanor or infraction conviction or ongoing prosecution 

(except minor traffic violations): the charge, the name and address of the court 

involved, and the date and disposition, if any; 

(11) For each criminal charge (except minor traffic charges), whether or not 

convicted, and not otherwise listed: the charge, the name and address of the 

court involved, and the date and disposition, if any; 

(12) Current photograph or photo identification; 

(13) Any other information the Commission may deem relevant; and 

REGULATORY PROVISIONS 

GAMING 

Page 14 of 24 

Exhibit B 

Page 14 of 24 
CONFEDERATED TRIBES of COOS. LOWER UMPQUA, AND SIUSLAW IND/ANS TRIBAL CODE 

(14) Fingerprints consistent with procedures adopted by CTCLUSI according to 

CLUSITC 5-2-14. 

(b) In addition to the requirements set forth in subsection (a), each applicant for a 

position as a Primary Management Official, Key Employee, High Security Employee or 

Low Security Employee of a Class Ill Gaming Operation shall also provide full and 

complete information regarding all criminal proceedings, except for minor traffic 

offenses, to which the applicant has been a party, regardless of when such criminal 

proceedings occurred, as required by the Compact. 

(c) In conducting a background investigation, the Commission and Commission Staff 

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

investigation. 

(d) When a Primary Management Official or Key Employee is employed by the 

Tribes, a complete application file, containing all of the information listed in CLUSITC 5-

2-13(a), shall be maintained. 

5-2-14Fingerprinting of Certain Applicants for Positions in the Class II or Class Ill 

Gaming Operation 

(a) Fingerprinting of Primary Management Officials. Key Employees and Low 

Security Employees of a Class II Gaming Operation. In addition to the requirements set 

forth in CLUSITC 5-2-13 of this Gaming Code, applicants for a position as a Primary 

Management Official, Key Employee or Low Security Employee of a Class II Gaming 

Operation shall have fingerprints taken consistent with procedures adopted by the 

Commission according to 25 CFR § 522.2(h). Fingerprints shall be taken, processed 

and reviewed by an official of the Gaming Commission Licensing Section or Tribal 

Police Department using state and federal data banks, including the criminal history 

records maintained by the Federal Bureau of Investigation. The Commission Staff may 

submit fingerprint cards of applicants for a position as a Primary Management Official or 

Key Employee to the NIGC for processing, as provided in 25 CFR § 514.15. 

(b) Fingerprinting of Primary Management Officials. Key Employees and High 

Security Employees of a Class Ill Gaming Operation. In addition to the requirements 

set forth in CLUSJTC 5-2-13 of this Gaming Code, applicants for a position as a Primary 

Management Official, Key Employee, or High Security Employee of a Class Ill Gaming 

Operation shall provide fingerprints. Fingerprints shall be taken, processed and 

reviewed by an official of the Gaming Commission Licensing Section or Tribal Police 

Department using state and federal data banks, including the criminal history records 

maintained by the Federal Bureau of Investigation. The Commission Staff may, in the 

alternative, choose to have the fingerprints taken, processed and reviewed by an official 

of the Oregon State Police in accordance with the Compact, or may submit fingerprint 

cards of applicants for a position as a Primary Management Officials or Key Employee 

to the NIGC for processing, as provided in 25 CFR § 514.15. 

REGULATORY PROVISIONS 

GAMING 

Page 15 of 24 

Exhibit B 

Page 15of24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIUSLAW /ND/ANS TRIBAL CODE 

(c) The Commission Staff may, in its discretion, require any other prospective or 

current employee in a Class II or Class Ill Gaming Operation to provide fingerprints as 

part of the background investigation. 

5-2-15 Background Investigations of Commissioners and the Executive Director 

(a) The Commission Staff shall conduct a background investigation on each 

prospective Commissioner and on the Executive Director prior to his/her appointment. 

Each prospective Commissioner and the Executive Director shall provide all of the 

information required by CLUSITC 5-2-13(a)(1 -14), as well as any other information the 

Commission Staff may deem relevant, which shall be used to conduct the background 

investigation. 

(b) Each prospective Commissioner, the Executive Director and Commission Staff 

shall have fingerprints taken, processed and reviewed by an official of the Tribal Police 

Department or Gaming Commission Licensing Section using federal data banks, 

including the criminal history records maintained by the Federal Bureau of Investigation. 

The Commission Staff may, in the alternative, request to have fingerprints taken, 

processed and reviewed by an official of the Oregon State Police. 

(c) In conducting a background investigation of a prospective Commissioner or 

Executive Director, the Commission Staff shall keep confidential the identity of each 

person interviewed in the course of the investigation. 

(d) The Commission shall, by separate regulation, establish minimum criteria for the 

eligibility of Commissioners, the Executive Director and Commission Staff, which shall 

be at least as stringent as the eligibility requirements for issuance of a gaming license to 

a High Security Employee or Primary Management Official in a Class Ill Gaming 

Operation, as set forth in § 7(A)(5) of the Compact. 

5-2-16Eligibility Determinations and Issuance of Licenses to Officials and 

Employees of the Class II and Class Ill Gaming Operations 

(a) Prior to granting a gaming license to any individual required by the Commission 

to be licensed in a Class II or Class 111 Gaming Operation, the Commission Staff shall 

verify the information provided by the applicant, interview applicant's references, and 

review the results of the applicant's background investigation, prior activities, criminal 

records (if any), reputation, habits and associations, and any other information deemed 

relevant to make a finding concerning the eligibility of the applicant for employment in a 

Class II or Class Ill Gaming Operation. The Commission Staff shall prepare an 

investigative report that includes, at a minimum, the steps taken in conducting a 

background investigation, any results obtained, the conclusions reached, and the bases 

for those conclusions . 

(b) If, on the basis of the investigative report, the Commission determines that 

employment or licensure of the individual in a Class II or Class Ill Gaming Operation 

would pose a threat to the public or Tribal interest or to the effective regulation of 

REGULATORY PROVISIONS 

GAMING 

Page 16 of 24 

Exhibit B 

Page 16of24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND S/USLAW INDfANS TRIBAL CODE 

gaming, or would create or enhance the danger of unsuitable, unfair or illegal practices 

or activities in the conduct of gaming, the Tribes, the Commission, or a Class 11 or Class 

Ill Gaming Operation, whichever is appropriate, shall not employ or license the 

individual. The decision of the Commission shall be final and not subject to appeal. 

{c) The Commission shall not issue a license to any prospective Primary 

Management Official, Key Employee, High Security Employee or Low Security 

Employee of a Class Ill Gaming Operation if the Commission determines that 

employment or licensure of the individual in the Class Ill Gaming Operation is prohibited 

by the Tribal-State Compact. 

(d) The Tribe shall not employ an individual in a Primary Management Official or Key 

Employee position who does not have a gaming license after ninety (90) days of 

beginning work at a Gaming Operation. The Commission may temporarily license a 

gaming employee to work in a Class II or Class Ill Gaming Operation; provided 

however, that such temporary licenses may not be issued for a period exceeding ninety 

{90) days, and employees shall remain on probation until the background investigation 

set forth in CLUSITC 5-2-13 of this Gaming Code is completed. In addition, where the 

temporary license is being issued to an employee in a Class Ill Gaming Operation, the 

Commission shall comply with the applicable provisions of the Compact. 

{e) Employee Gaming Licenses subject to this Code may not be granted for a period 

exceeding three (3) years. 

{f) The Commission may license a Primary Management Official or Key Employee 

applicant after submitting a notice of results of the applicant's background investigation 

to the NIGG, as required by CLUSITC 5-2-19. 

5-2-17 Request for Hearing on Denial or Nonrenewat of License. 

{a) If an applicant for employment at the Class II or Class Ill Gaming Operation 

disagrees with an initial licensing decision of the Commission, or a decision by the 

Commission not to renew a license, she or he may request a hearing before the 

Commission not later than seven (7) days after receipt of notification of the 

Commission's decision. The Commission may, in its discretion, hold a hearing to review 

its decision. 

(b) Following such hearing, the Commission shall affirm, modify or reverse its initial 

licensing decision. 

(c) Any denial of a gaming license by the Commission shall be final. There shall be 

no right of appeal. 

REGULATORY PROVISIONS 

GAMING 

Page 17 of 24 

Exhibit B 

Page 17 of 24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIU SLAW IND/ANS TRIBAL CODE 

5-2-18Procedures for Forwarding Applications of Primary Management Officials, 

and High Security Employee,s of the Class Ill Gaming Operation to OSP 

{a) The Commission Staff shall forward copies of the applicant information for 

Primary Management Officials and High Security Employees to the OSP, as provided in 

the Compact. 

(b) If the Commission Staff conducts a background investigation on a Primary 

Management Official or a High Security Employee of a Class Ill Gaming Operation, the 

Commission Staff shall submit the completed investigative report to the OSP within sixty 

{60) days, as set forth in the Compact. 

5-2-19Reporting to the NIGC 

(a) Before issuing a license to a Primary Management Official or Key Employee, the 

Commission shall prepare a notice of results of the applicant's background investigation 

to submit to the NIGC. 

(1) The notice of results must be submitted to NIGC no later than sixty {60) 

days after the applicant begins working for the Tribes. 

(2) The notice of results shall include the following information: 

(A) The applicant's name, date of birth, and social security number; 

(B) The date on which the applicant began, or will begin, working as a 

Primary Management Official or Key Employee; 

(C) A summary of the information presented in the investigative report, 

including: 

(i) licenses that have previously been denied; 

(ii) gaming licenses that have been revoked, even if 

subsequently reinstated; 

(iii) every known criminal charge brought against the applicant 

within the last ten (10) years of the date of the application; and 

(iv) every felony offense of which the applicant has been 

convicted or any ongoing prosecution; and 

(D) A copy of the eligibility determination made in accordance with 

CLUSITC 5-2-16. 

(b) The Commission shall notify the NIGC of the issuance of a license to a Primary 

Management Official or Key Employee within thirty {30) days of issuance. 

REGULATORY PROVISIONS 

GAMING 

Page 18 of 24 

Exhibit B 

Page 18of24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIU SLAW IND/ANS TRIBAL CODE 

(c) When the Commission does not license a license to an applicant for a Primary 

Management Official or Key Employee position, or revokes a previously issued license 

after reconsideration, it shall: 

(1) Notify the NIGC; and 

(2) Forward copies of its eligibility determination and notice of results of the 

applicant's background investigation to the NIGC for inclusion in the Indian 

Gaming Individuals Record System. 

5-2-20 Recurring Background lnvesti.gations 

(a) If, after issuance of a gaming license to a Primary Management Official, Key 

Employee, or other person required by the Commission to be licensed in a Class II 

Gaming Operation, the Commission Staff may conduct additional background 

investigations, at any time during the term of their employment, to determine whether 

the license should be suspended or revoked in accordance with CL US ITC 5-2-25 of this 

Gaming Code. 

(b) As provided in the Compact, the Commission Staff or the State may conduct 

additional background investigations of any Class Ill Gaming employee at any time 

during the term of employment. 

(a) The Commission Staff may conduct additional background investigations of a 

Commissioner if, at any point during that Commissioner's term, the Commission 

receives information indicating that the Commissioner may not meet the eligibility 

requirements for Commissioners set forth in this Gaming Code. 

5-2-21 Drug Testing 

(a) Each Commissioner, Commission Staff member, Primary Management Official, 

Key Employee, High Security Employee and Low Security Employee, upon selection or 

hire and prior to appointment or licensure, or upon renewal of a license, may be 

required to undergo testing for illegal drug use, the results of which may be used in 

appointment and licensing determinations. 

(b) The Commission may condition a license on the licensee's periodic, random 

testing for illegal drug use if the results of the background investigation indicate that 

such drug testing is warranted. 

(c) The Commission may adopt regulations relating to drug testing of licensed 

employees during their employment. 

(d) Commissioners and Commission Staff shall be subject to the Tribe's policies and 

procedures for employee drug testing. Employees of a Class Ill Gaming Operation shall 

be subject to the Class Ill Gaming Operation's policies and procedures for employee 

drug testing. 

REGULATORY PROVISIONS 

GAMING 

Page 19 of 24 

Exhibit B 

Page 19of24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIU SLAW IND/ANS TRIBAL CODE 

5-2-22 Records Retention 

(a) The Commission shall retain, for no less than three years from the date a 

Primary Management Official or Key Employee is terminated from employment with the 

Tribe, the following documentation: 

(1) Applications for licensing; 

(2) Investigative reports; and 

(3) Eligibility determinations. 

5-2-23 Licensing of Vendors 

(a) The Commission shall promulgate regulations for licensing of Vendors and 

ensure that a background investigation is conducted in accordance with such 

regulations and the Compact. 

(b) The Commission shall adopt license application forms for Vendors. 

(c) All applicants for a Vendor license shall provide all financial and operating data 

requested by the Commission Staff and/or the State. 

(d) Vendor licenses may not be granted for a period exceeding seven (7) years in 

duration. 

5·2-24Gaming Facility Licenses 

The Commission shall issue a separate license to each place, facility or location on 

Indian Lands where Class II and/or Class Ill Gaming is conducted under this Gaming 

Code, and shall provide NIGC with all required notices regarding such licenses as set 

forth in 25 CFR Part 559. 

5-2-25 License Suspension and Revocation 

(a) If, after issuance of a gaming license to any employee of a Class II or Class Ill 

Gaming Operation, the Commission receives notification from the NIGC, or reliable 

information from any other source, that a licensee may be ineligible for licensure, or 

may have violated this Gaming Code or regulations promulgated by the Commission, 

the Commission Staff shall immediately suspend such license, initiate an investigation 

and prepare a recommendation to the Commission. 

(b) The Executive Director shall provide notice to the licensee, all Gaming 

Operations, the Human Resources Department and the Commission of the suspension 

and any proposed fine and/or revocation. The notice shall include the date, time and 

place for a hearing on the fine and/or revocation, as well as a written statement of the 

charges, setting forth the acts or omissions with which the licensee is charged and 

specifying the sections of this Gaming Code, the Compact, Commission regulations or 

REGULATORY PROVISIONS 

GAMING 

Page 20 of 24 

Exhibit B 

Page 20 of 24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIUSLAW IND/ANS TRIBAL CODE 

any other applicable law alleged to have been violated. The hearing shall not take 

place less than ten (10) days after the licensee has received notice of the charges, in 

order to provide the licensee with an opportunity to file a written response. The 

Commission may grant an extension of time for the hearing upon request by the 

Executive Director or the licensee. 

(c) After the hearing, the Commission shall render a written decision which shall 

contain findings of fact and conclusions of law. 

(d) In the case of a Primary Management Official or a Key Employee, the 

Commission shall notify the NIGC within forty-five (45) days of the decision to revoke or 

reinstate the license. In the case of all other licensees, the Commission shall notify the 

Oregon State Police of the decision when required to do so under the Tribal-State 

Compact. 

(e) The decision of the Commission shall be final. There shall be no right of appeal. 

5-2-26Reconsideration of Licensing Applications 

(a) If, within thirty (30) days of receiving a notice of results of an application for a 

Primary Management Official or Key Employee, the NIGC provides Commission with a 

statement itemizing objections to the issuance of the license, the Commission shall 

reconsider the application, taking into account the objections itemized by the NIGC. 

The Commission shall make the final decision whether to issue a license to such 

applicant. 

(b) If the Commission has issued a license before receiving the NIGC's statement of 

objections, the Commission shall immediately suspend the license and shall provide the 

licensee with written notice of suspension, and shall notify the licensee of a time and 

place for a hearing to consider the itemized statement of objections; provided, however, 

that the requirement to provide notice and a hearing shall not apply to a temporary 

license issued in accordance with CLUSITC 5-2-16(d), which is intended to expire within 

ninety (90) days of issuance. 

(c) Any such hearing shall follow the procedures described in CLUSITC 5-2-25. 

5-2-27 Player Disputes 

(a) A Gaming Operation shall immediately notify the Executive Director and the 

Executive Director shall investigate all unresolved patron disputes equal to or over $500 

and shall render a written decision within thirty (30) days of being notified of the player 

dispute. 

(b) If a Gaming Operation is unable to resolve a player dispute involving winnings 

less than $500, the Gaming Operation shall inform the player that a complaint may be 

filed with the Executive Director within five (5) days of the dispute, and provide the 

player with the Executive Director's address, telephone number and regular office 

hours. Upon receipt of a complaint, the Executive Director shall perform an 

REGULATORY PROVISIONS 

GAMING 

Page 21 of24 

Exhibit B 

Page 21 of 24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIUSLAW IND/ANS TRIBAL COD£ 

investigation and render a written decision within thirty (30) days of the receipt of the 

complaint. 

(c) If the player or a Gaming Operation disagrees with the Executive Director's 

decision, either may file a petition for review with the Commission within fourteen (14) 

days of the receipt of the Executive Director's decision. The Commission shall provide 

notice to the parties which shall include the date, time and place for a hearing on the 

decision. The hearing shall not take place less than ten (10) days after the parties have 

received notification of the Executive Director's decision in order to provide the parties 

with an opportunity to submit written responses to the decision. The Commission may 

grant an extension of time for the hearing upon request by either party. 

(d) After the hearing, the Commission shall render a written decision which shall 

contain findings of fact and conclusions of the law. 

(e) The decision of the Commission shall be final. There shall be no right of appeal. 

5-2-28Tribal Internal Control Standards 

(a) The Executive Director shall prepare proposed Tribal Internal Control Standards 

(TICS) for the Class II Gaming Operation in accordance with applicable law, including 

25 CFR Part 543, and shall submit the proposed TICS to the Commission for adoption 

and implementation. 

(b) The Tribal/State "Minimum Standards for Internal Controls" attached as the 

Appendix to the Compact, including revisions made pursuant to§ 8(A) of the Compact, 

shall apply to all Class Ill Gaming on CTCLUSI Indian Lands; provided, however, that 

the level of control established under the Compact meets or exceeds the level of control 

set forth in 25 CFR Part 242, as amended from time to time, to the extent that the 

regulations set forth in Part 242 are valid and enforceable as a matter of law. 

5-2-29 Violations of this Gaming Code 

(a) Any person who engages in activities on property subject to this Gaming Code 

without a license, in violation of a license or terms imposed thereon, in violation of any 

provision or amendment of this Gaming Code, or any regulation promulgated by the 

Commission, shall be in violation of this Gaming Code. 

(b) It shall be a violation of this Gaming Code for a Tribal Council member, 

Commissioner, the Executive Director, Commission Staff member and/or his or her 

Immediate Family to receive personal compensation, gift(s), reimbursement or 

payment(s) of any kind from any person doing or wishing to do business with the Tribes 

relating to gaming, or from any person wishing to obtain an unfair advantage in any 

authorized wager on gaming. Any property received in violation of this provision, 

including cash payments, shall be immediately forfeited to the Tribes and the offending 

person(s) shall be prosecuted to the full extent possible under tribal law. The 

REGULATORY PROVISIONS 

GAMING 

Page 22 of 24 

Exhibit B 

Page 22 of 24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND SIU SLAW IND/ANS TRIBAL CODE 

Commission shall cooperate to the fullest extent possible with any federal or State law 

enforcement agency to pursue prosecution under applicable federal or State law. 

(c) The Commission shall have the authority to establish by regulation additional 

violations of this Gaming Code. 

5-2-30 Applicable Law 

(a) To the extent that any provision of this Gaming Code as it relates to the Class Ill 

Gaming Operation is inconsistent with the Compact, the Compact shall govern. 

(b) The Tribes shall comply with applicable NIGC regulations to the extent those 

regulations are binding, valid and enforceable as a matter of law. 

5-2-31 Effective Date 

Upon approval of the Gaming Code or any amendment thereof by NIGC, the Gaming 

Code or amendment shall be effective on the date specified in the Tribal Council 

resolution adopting the Gaming Code or amendment. If no effective date is specified in 

such resolution, the Gaming Code or amendment shall be effective in accordance with 

tribal law. 

REGULATORY PROVISIONS 

GAMING 

Page 23 of24 

Exhibit B 

Page 23of24 
CONFEDERATED TRIBES of COOS, LOWER UMPQUA, AND S/USLAW IND/ANS TRIBAL CODE 

APPENDIX A 

LEGISLATIVE HISTORY AND EDITORIAL CHANGES 

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw 

Indians adopted the revisions to Chapter 5-2 (Gaming) by Ordinance No. 030E on April 

27, 2016. Vote was (for), (against), (absent) and __ 

(abstaining). 

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw 

Indians adopted the revisions to Chapter 5-2 (Gaming) by Ordinance No. 0300 on 

December 13, 2015. Vote was 6 (for), 0 (against), 0 (absent) and 1 (abstaining). 

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw 

Indians adopted Ordinance No. 030C revising Gaming Code Section 5-2-6, in a Tribal 

Council meeting on February 23, 2011. Vote was 6 (for), 0 (against) and 1 (absent). 

The NIGC approved the Tribes' Gaming Ordinance No. 0308 by letter from Chairman 

Philip N. Hogan on January 5, 2004, under the Indian Gaming Regulatory Act (IGRA). 

The Gaming Ordinance was approved for gaming only on Indian Lands, as defined in 

IGRA and the NIGC regulations, over which CTCLUSI exercises jurisdiction. 

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw 

Indians al a special meeting on December 8, 2003, through Resolution 03-066, affirmed 

the authenticity of Gaming Ordinance No. 0308. 

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw 

Indians enacted amendments to Gaming Ordinance 0308 by Resolution 03-065 at a 

special Tribal Council meeting on December 8, 2003. Vote was 7 (for), 0 (against) and 

O (abstaining). 

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw 

Indians enacted amendments to Gaming Ordinance 030A by Resolution 03-045 at a 

Tribal Council meeting on August 25, 2003. Vote was 6 (for), 0 (against) and 0 

(abstaining). 

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw 

Indians enacted Gaming Ordinance 030A by Resolution 03-007 at a Tribal Council 

meeting on January 12, 2003. Vote was 6 (for), 0 (against) and O (abstaining). 

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw 

Indians enacted Gaming Ordinance 030 by Resolution 01-090 at a Tribal Council 

meeting on December 9, 2001. Vote was 7 (for), 0 (against) and 0 (abstaining). 

00796202.vl 

REGULATORY PROVISIONS 

GAMING 

Page 24 of 24 

Exhibit B 

Page 24 of 24