NOTICE OF VIOLATION 

Ref. No.: NOV-98-01 

January 13, 1998 

To: Mr. Jerry Haney 

Principle Chief 

Seminole Nation of Oklahoma 

Post Office Box 1498 

Wewoka, Oklahoma 74884 

1. The Chairman of the National Indian Gaming Commission 

(NIGC) hereby gives notice that the Seminole Nation of Oklahoma, 

(hereafter referred to as "Respondent"), located in wewok$, 

Oklahoma is in violation of the Indian Gaming Regulatory Act ' 

(IGRA) and NIGC regulations .' 

2. The circumstances of the violation are: 

The Respondent is a federally recognized Indian Tribe with 

tribal headquarters in Wewoka, Oklahoma. From November 7, 1997 

through January 12, 1998, the Respondent conducted gaming at the 

Seminole Nation Bingo operations located in Seminole, Oklahoma. 

From November 18, 1997, through January 12, 1998, the Respondent 

conducted gaming at the Seminole Nation Trading Post near Wewoka, 

Oklahoma. The Respondent has offered the video gaming machine 

known as "Reels of Skill" for play in these gaming operations 

throughout these time periods. 

3. The Respondent is in violation of NIGC regulations as 

follows: 

Under Section 502.4 of the NIGC's regulations, Class 111 

gaming means all forms of gaming that are not Class I gaming or 

Class I1 gaming specifically including (but not limited to) any 

slot machines as defined in 15 U.S.C. 5 1171(a) (1) and electronic 

& (1 

'NIGC regulations are set forth in Chapter 111, Title 25, 

Parts 500-599 of the Code of Federal Regulations. All sections ' of NIGC regulations cited in this Notice refer to the pertinent 

parts of Title 25. NIGC regulations implement provisions of the 

Indian Gaming Regulatory Act (IGilA), 25 U.S.C. 2701 et seq., 

signed into law on October 17, 1988. 
-1 or electromechanical facsimiles2 of any game of chance., Under 

NIGC regulations an electronic or electromechanical facsimile 

means any gambling device as defined in 15 U.S.C. § 1171 (a) (2) or 

(3). See Section 502.8. 

Since November 7, 1997, the Respondent has offered a video 

gambling machine known as "Reels of Skill" for play at its 

Seminole Nation Bingo gaming operation. Since November 18, 1997, 

the Respondent has offered a video gambling machine known as 

"Reels of Skill" for play at its Seminole Nation Trading Post 

gaming operation. This machine is a gambling device as defined 

under 15 U.S.C. Section 1171 (a) and therefore falls within the 

definition of Class I11 gaming. The Respondent does not have a 

compact with the State of Oklahoma which authorizes the playing 

of video gambling machines at the Respondent's gaming facilities 

Accordingly, the Respondent is operating Class I11 games in the 

absence of a tribal-state compact in violation of 25 U.S.C. 

2710 (d) and Section 573.6 (a) 11. 

4. The measures required to correct the violations are: 

W The Respondent shall cease and desist the playing of all 

"Reels of Skill" video gaming machines within the Seminole Indian 

Bingo and Seminole Nation. Trading Post gaming operations. 

5. Pursuant to 25 C.F.R. §573. 6 (b) of the NIGC regulations, 

the corrective measures described in paragraph 4 above must be 

accomplished within 24 hours of the NIGC issuing a notice and 

order to the Respondent, pursuant to S577.15 of NIGC regulations, 

affirming this Notice of Violation . 

6. The violations cited in this Notice of Violation may 

result in the assessment of civil fines against the Respondent in 

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

Section 575.5(a), the Respondent may submit written information 

about the violation to the Chairman within 15 days after service 

of this Notice of Violation (or such longer period as the 

Chairman of the Commission may grant for good cause). The 

Chairman shall consider any information submitted in determining 

the facts surrounding the violation and the amount of the civil 

fine, if any. such information should be submitted to: 

Chairman, National Indian Gaming Commission, 1441 L Street, NW, 

suite 9100, Washington, D.C. 20005. 

)u 7. Under Section 577.3, the Respondent may appeal 
Qw 

the alleaations contained in this Notice of Violation to the full 

~ommissi~n within 30 days after service of this Notice of 

Violation. The Respondent may appeal the allegations by 

submitting a notice of appeal to the Commission at the address 

set forth in paragraph 6 above. The Respondent has a right to be 

represented by counsel in such an appeal. A notice of appeal 

must reference this Notice of Violation. Within ten days after 

filing a notice of appeal, the Respondent must file with the 

Commission a supplemental statement that states with 

particularity the relief desired and the grounds therefore and 

that includes, when available, supporting evidence in the form of 

affidavitsIf the Respondent wishes to present oral testimony or 

witnesses at a hearing, the Respondent must include-a request to 

do so with the supplemental statement. The request to present 

oral testimony or witnesses must specify the names of proposed 

witnesses and the general nature of their expected testimony, and 

whether a closed hearing is requested and why. The-Respondent 

may waive the right-to an oral hearing and instead elect to have 

the matter determined by the Commission solely on the basis of 

written submissions. 

wv 

Dated this 13'1, day of January, 1998. 

Tadd M. ~ohnsori/ 

Chairman 

National Indian Gaming Commission