DEC 2 1 12?5 

Hollis Roberts, Chief 

Choctaw Nation of Oklahoma 

P.O. Drawer 1210 !, ,, 

lGth Street & Locust ~trket : 

Durant, bK 74701 

Dear ~hiek Roberts: 

This letter is in response to the submission of the Choctaw 

Nation of Oklahoma (Nation) gaming ordinance, Council Bill No. 

167-95, adopted oe August 29, 1995, for review and approval by 

the Chairman af the Natiomal Indian Gaming Commission (NIGC). 

The ordinance was received' on October 2,. 1995. This letter 

constitutes suah approval under the Indian Gaming Regulatory Act 

(IGRA) . '.. 

Under the IG~A and the regulations of the National Indian 

~aming commission (NIGC), the Chairman is directed to review 

ordinances with.resp'ect 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 afe not subject to review and approval. Also, 

such approval does hot 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. 5 556.5(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. t. 

$$ 

Thank you for submitting the ordinance of the Choctaw Nation 

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

working with you and the Nation in implementing the IGRA. n 

q. 4. 

-- _.._ ..- __ -. 1441 L STREET. N.W. 9TH -- FLOOR WASHINGTON. O.C. . ._._-..--.-_.__..-. 20005 TEL.: ._. 202-632-7003 _ FAX: 202-632-7066 . 
To approve Class I1 Gaming Operations terms and agreements on Tribal lands. 

IN THE TRIBAL COUNCIL OF THE CHOCTAW NATION 

CHARLEY JONES INTRODUCED THE FOLLOWING 

A COUNCIL BILL 

WHEREAS, there is an need to establish rules governing Class I1 gaming operations on 

Tribal lands, and 

WHEREAS, such action is in the best interest of the Choctaw Nation of Oklahoma. 

NOW, THEREFORE BE IT ENACTED by the Tribal Council of the Choctaw Nation of 

Oklahoma do hereby certifjr that the Tribal Council is composed of twelve (12) seats. 

Eight ( 8 ) members must be present to constitute a quorum. I hrther certify that 

twelve (12) members answered roll call and that a quorum was present at the 

Special Session of the Tribal Council at the Tribal Complex at the Capital grounds in 

Tushkahoma, Oklahoma on August 29, 1995. I hrther certifjr that the foregoing Council 

Bill CB - 167- 95 was adopted at such meeting by the affirmative vote of twelve ( 12) 

members, . ,,, tnj negative votes and zero (0) abstaining. 

Choctaw Nation Tribal Council 

Assistant Chief 
CHOCTAW NATION 

CLASS I1 

MODEL GAMING ORDINANCE 

SUBMITTED TO THE NATIONAL INDIAN GAMING COMMISSION 

AUGUST 29,7995 
MEMORANDUM OF UNDERSTANDING 

REGARDING THE DISSEMINATION OF CRIMINAL HISTORY RECORD 

INFORMATION BY THE NATIONAL INDIAN GAMING COMMISSION 

In order to facilitate the undersigned tribe (Tribe) in determining the 

suitability of individuals who have applied for employment as key employees and 

primary management officials in its gaming operations, the National Indian 

Gaming Commission (NIGC) will be obtaining criminal history record information 

(CHRI) from the Federal Bureau of Investigation (FBI) on these individuals and 

disseminating such information to the Tribe. 

This memorandum sets forth the following conditions under which the 

NlGC will provide CHRl to the Tribe: 

1. The FBI has retained the right to approve the dissemination of CHRl and 

may at some future date prohibit the NlGC from disseminating CHRI. It is 

understood by the Tribe that the NlGC will not release any information without 

having received all required prior approvals from the FBI and will not release any 

information where prohibited from doing so by the FBI. It is further understood 

that the FBI may impose restrictions on the release and use of the CHRl in 

addition to those imposed by the NlGC and that the Tribe will be subject to all 

such additional restrictions. 

2. The CHRl provided by the NlGC may be used by the Tribe solely for the 

purpose of determining a particular applicant's suitability for employment in the 

Tribe's gaming aperation's. 

3. NlGC responses will only contain CHRl information on a particular 

applicant and will not contain recommendationsl or conclusions of the NIGC. 

The NlGC reserves the right to furnish to the Tribe summary memoranda 

containing the results of the information search of the criminal history records 

maintained by the FBI. 

4. CHRl provided to the Tribe shall be afforded proper security. The Tribe 

shall ensure that access to all CHRl furnished by the NIGC, including all 

summary memoranda, is restricted to personnel directly involved in licensing 

deliberations. The Tribe shall maintain arecords of the identities of all persons 

receiving access to thte CHRl and such records shall be furnished to the NlGC 

upon request. 
5. Except in connection with proceedings related to the Tribe's licensing 

determinations for gaming employees, neither the CHRl nor any summary 

memoranda furnished by the NIGC shall be reproduced, disseminated, or 

introduced in a court of law or administrative hearing, without the prior written 

consent of the NIGC. 

6. Employees, past and present, of the NIGC will not be called as witnesses 

to testify relative to CHRl disseminated to the Tribe before any Tribal court or in 

any Tribal administrative hearing, except in extraordinary circumstances to be 

determined by the NIGC. 

7. Any request for access to the provided CHRl by the individual who is the 

subject of the CHRl shall be referred to the NIGC for processing and an 

appropriate response pursuant to the Freedom of Information and Privacy Acts 

(Title 5, USC, Section 552 and 552a). 

8. Tribal authorities will be promptly notified in the event that the NIGC 

determines that it is necessary to discontinue providing CHRl information to the 

Tribe ( either in whole or in part) due to the Tribe's failure tc comply with the 

conditions set forth in this memorandum. 

The Tribe acknowledges and consents to the above stated conditions on 

this day of , 1995. 

CHOCTAW NATION OF OKLAHOMA 

TRIBE 

Assistant Chief 
A COUNCIL BILL SETTING THE TERMS FOR 

CLASS II GAMING OPERATIONS ON TRIBAL LANDS 

--------------- 

WHEREAS, there is a need to establish rules governing Class 

I1 gaming operations on tribal lands, and 

WHEREAS, such action is in the best interest of the Choctaw 

Nation of Oklahoma. 

NOW, THEREFORE, BE IN ENACTED by the Tribal Council of the 

Choctaw Nation of Oklahoma that this Council Bill be cited as 

approval and adoption of the following provisions for the 

operation of Class I1 gaming operations on tribal lands: 
CHOCTAW NATION OF OKLAHOMA 

GAMING REGULATORY ACT OF 1994 

SECTION 1 PURPOSE 

The Tribal Council of the Choctaw Nation of Oklahoma 

(hereinafter "Nation") empowered by the Constitution of the Choctaw 

Nation to enact legislation, hereby enacts this council bill in 

order to set the terms for Class I1 gaming operations on 

tribal lands. 

SECTION 2 GAMING AUTHORIZED 

2.1 Class I1 gaming as defined in the Indian Gaming Regulatory 

Act, Public Law 100-447, $25 USC 11 2703 (7) (A), and by the 

regulations promulgated by the Commissioner and his deputies at 25 

CFR 11502.3 (as published in the Federal Register at 57 FR 12382- 

12393, April 9, 1992) is hereby authorized. Class I1 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. 

2.2 Class I1 games as follows may be li-censed for conduct on 

Tribal lands: 

(a) bingo, pull-tabs, lotto, punch boards, tip jars, 

instant bingo, and other games similar tc bingo as 

defined under 25 C.F.R.ll 502.9. 

(b) non-banking card games defined as Class I1 gaming under 

25 C.F.R. §§502.3(c) . 

(c) any game determined to be a class I1 game by 

Congressional amendment of the Act, by regulzticn, or 

by decision of the Commission or the federal courts. 
SECTION 3 DEFINITIONS 

For the purpose of this ordinance, the following definitions 

apply: 

(A) "Act " - means the Indian Gaming Regulatory Act, 

P~tblic Law 100-497, 102 Stat. 2466, codified at 25 U.S.C. 

55 2701, - et - seq. 

(B) "Applicant" - means any person that completes an 

application with the Choctaw Nation for a gaming 

license. 

c) "Assessable Gross Revenues" - means the annual total 

amount of money wagered and admissions fees, less any 

amounts paid out as prizes or paid for prizes awarded, and 

less an allowance for amortization of capital expenditures 

for structures. 

(D) "Bingo" - means the game of chance (whether or not 

electronic, computer, or other technologic aids are used 

in connection therewith) : 

(i) which is played for prizes, including monetary 

prizes, with cards bearing numbers or other 

designations; 

(ii) in which the holder of the cards covers such 

numbers or designations when objects, similarly 

numbered or designated, are drawn or 

electronically determined; and 

(iii) in which the game is won by the first person 

covering a previously designated arrangement of 

numbers or designations on such cards and yells 

"bingo". 

(E "Chairman" - means Chairman of the National Indian 

Gaming Commission or his or her designee. 

(F) "Cheating" - means operating or playing in a game in a 

manner in violation of the written or commonly understood 

rules of the game, with the intent to create for 

I--imself/herself or someone in privity with him/her an 

advantage over and above the chance of the game. 

(G) "Class I1 gaming" - means that g~ming defined in 25 C.F.R. 

$5 502.3. 
"Collateral agreement" - means any contract, whether or 

not in writing, that is related, either directly or 

indirectly, to a management contract, or to any rights, 

duties, or obligations created between the Nation (or 

any of its members, entities, or organizations) and a 

management contractor or subcontractor (or any person or 

entity related to a management contractor or 

subcontractor) . 

"Commission" - means the National Indian Gaming 

Commission. 

"Council"- means the Tribal Council as described in the 

Constitution of the Choctaw Tribe. 

"Employee Manager" - is a manager other than a "management 

contractor" employed by the Tribe to manage a tribal 

gaming establishment. 

"Gaming" - means risking any money or other thing of value 

for gain, contingent, wholly or partially, upon lot, 

chance, the operation of gaming apparatus, or the 

happening or outcome of an event over which the person 

taking the risk has no control. 

"Gaming Establishment" - means any location or structure, 

wherein gaming is licensed, promoted, performed, 

conducted, or operated. 

"Gaming License" - means the permit granted by tbe Tribe 

to an applicant for employment with the gaming operation. 

"Gaming Operation" - means each economic entity that is 

licensed by the Tribe, operates the gamss, receives the 

revenues, issues the prizes, and pays the expenses. A 

gaming operation may be operated by the Tribe directly 

or by a management cont.ractor. 

"Gross Gaming Revenues" - means the annual total amount of 

money wagered and admission fees. 

"In privity with" - means one who acts jointly with 

another or as an accessory before the fact to an act 

committed by the other or as a co-conspirator with the 

cther. 
(R) "Management Contract" - means any contract, subcontract, 

or collateral agreement between the Tribe and a 

contractor or between a contractor and a subcontractor if 

such contract or agreement provides for the management of 

all or part of gaming operation. 

(s) "Management Contractor" - means the person or entity 

holding a contract entered into pursuant to 25 U.S.C. 

552510 (d) (9) or $1 2711. 

(T "Minor" - means a person less than eighteen (18) years of 

age. 

(U) "Nation" - means the Choctaw Nation of Oklahoma. 

(v) "Net revenues" - means gross gaming revenues of a Tribal 

gaming operation less - 

(i) Amounts paid out as, or paid for, prizes, and 

(ii) Total gaming-related operating expenses, excluding 

management fees. 

(W) "Operating Expenses" - means total gaming-related expenses 

excluding management fees. 

(X) "Person" - means any individual, firm, partnership, 

corporation, company, or association. 

(y) "Person having management responsibility for a management 

contract" - means the person designated in the 

management contract as having engagement responsibility 

for the gaming operation, or a portion thereof. 

(z) "Player" - means a person participating in a game with the 

hope of winning money or other benefit, but does not 

include a licensee, any assistant of a licensee, or their 

immediate family. 

(AA) "Threat to proper conduct of gaming operation" means a 

Person whose activities, criminal record, if any, or 

reputation , habits and associations would create or enhance 

the dangers of unsuitable, unfair, or illegal practices and 

nethods and activities in the conduct of gaming; and which 

would not be in the best interest of the public or effective 

regulation of gaming. 

(AB ) "Tribal Lands" - means all lands which are held in trust 

by the United States of America for the Tribe and all 
lands owned by the Tribe which are subject to restriction 

against alienatioii imposed by the Unlted States. 

(AC) "Tribe" - means the Choctaw Nation of Oklahoma 

(AD) "Tribal - State compact" - means an agreement between the 

Tribe and the State of Oklahoma about Class I1 gaming 

under 25 U.S.C. $5 2710(d) . 

SECTION 4 AUTHORITY OF TRIBAL COUNCIL 

4-1 The Council has appointed a committee of three members to 

exercise any or all of the powers and responsibilities set 

out in Section 4 of this ordinance, above. The committee 

is named the Choctaw Nation Gaming Commission. 

The Commission shall have the power and responsibility to: 

(a) enforce and administer the provisions of this ordinance; 

(b) issue and renew gaming licenses as provided in this 

ordinance and in any regulation which may be promulgated 

by the council; 

(c) revoke, suspend, or condition a gaming license or deny an 

application for a license for violation of applicable law 

or ordinance regulating gaming, or conviction of any 

offense involving a gaming related crime or moral 

turpitude; 

(el audit or cause to be audited expenditures, receipts, and 

reports of a Tribal Gaming enterprise; 

(f) review, on demand, such books and records and inspect the 

premises and operations of licenses as it deems 

necessary for the enforcement of this ordinance; 

(g) draw up forms as it deems necessary; 

(h) institute such legal proceedings in the name of the Tribe 

in a court of competent jurisdiction as it deems necessary 

for the enforcement of this ordinance; 

(i) conduct hearings provided for in this ordinance; 
(j) take such other actions and issue such orders and 

I promulgate such regulations as the Council may deem 

necessary to properly and fully perform its duties and 

responsibilities under this ordinance. 

SECTION 5 OWNERSHIP OF GAMING 

I) 

The Choctaw Nation of Oklahoma shall have sole propriety 

interest in and responsibility for the conduct of any gaming 

operation authorized by this council bill. All gaming operations 

J on Tribal lands shall be conducted by the Choctaw Nation of 

Oklahoma, through employees of the tribal council or its management 

contractors only. 

SECTION 6 USE OF GAMING REVENUE 

Net revenues from Class I1 gaming shall be used only for the 

1 following purposes: to fund tribal government operations and 

programs; provide for the general welfare of the Nation and its 

members; promote tribal economic development; donate to charitable 

organizations; or help fund operations of local government 

agencies. 

SECTION 7 GAMING LICENSES REQUIRED 

(a) A separate gaming license is required for: 

(i) each person having a management contract; 

(ii) each primary management official and each key 

employee whether employed by the management 

contractor or directly by the Tribe; and 

(iii) all other employees 

(b) each place, facility, or location on Tribal lands at 

which Class I1 gaming is conducted. 
SECTION 8 APPLICA TION FOR GAMING LICENSES 

S 8-1Each person having a management contract, each primary 

management official and each key employee whether employed by the 

management contractor or directly by the Tribe, and all other 

employees shall complete an application for an initial gaming 

license or renewal of an existing gaming license for each gaming 

establishment on a application form prescribed by the Council. The 

application shall set forth: 

(a) the name under which the applicant transacts or intends 

to transact business on Tribal lands; and 

(b) the location of the gaming establishment for which the 

gaming license is sought; and 

(c) the application shall be signed by the applicant if a 

natural person, or, in the case of an association or 

partnership, by a member or partner thereof, or, in the 

case of a corporation, by an executive officer thereof, 

or by some other person specifically authorized by the 

corporation to sign the application, in which case 

written evidence of the signator's authority shall be 

attached. The applicant shall provide evidence of 

authority of the signator or any other representative 

to act for and bind the applicant. If any change is 

made in that authority, the Commission shall be 

immediately informed in writing and, until that 

information is filed with with the Commission, any 

action of the representative shall be presumed to be that 

of the applicant. 

S 8-2The management contractor shall file along with the 

application an organizational chart of its management organization 

and job descriptions of the employees of the gaming operation. The 

chart shall identify which employees are or will be the primary 

management officials and the key employees of the gaming operation. 

S 8-3An application for a gaming license shall include: 

(a) a description of the place, facility, or location on 

Tribal lands where the applicant will operate a gaming 

operation or where the applicant will be employed. 

(b) the following privacy notice prescribed by 25 C.F.R. 

$5 556.2: 
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. 552701, 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 

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 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 National Indian Gaming Commission in 

connection with the hiring or firing of an 

employee, the issuance or revocation of a gaming 

license, or investigations of activities while 

associated with a Tribe or a gaming operation. 

Failure to consent to the disclosures indicated in 

this notice will result in a tribe's being unable 

to hire you in a primary management official or 

key employee position. 

The disclosure of your Social Security Number (SSN) 

is voluntary. However, failure to supply a SSN may 

result in errors in processing your application. 

the following notice regarding false statements is 

prescribed by 25 C.F.R. $5 556.3: 

A false statement on any part 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 

8, Section 1001). 

I SECTION 9 LICENSE FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT 

OFFICIALS 

d The Nation 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 

1 Class I1 gaming enterprise operated on tribal lands. 
The Nation will perform background investigations 

and issue licenses to key employees and primary management 

officials according to requirements found in 25 C.F.R. 11 556. And 

25 C.F.R§§ 556.4 (11) . 

A. Definitions 

For the purpose of this section, the following 

definitions apply: 

1. Key Employee 

a. A person who performs one or more of 

the following: 

1. Bingo Caller; 

2. Counting Room Supervisor; 

3. Chief of Security; 

4. Custodian of gaming supplies or 

cash; 

5. Floor Manager; 

6. Pit Boss; 

7. Dealer; 

8. Croupier; 

9. Approver of Credit; 

10. Custodian of Gambling Services 

including persons with access 

to cash and accounting records 

with such devices. 

b. If not otherwise included, any other 

person whose total cash compensation is 

in excess of $50,000.00 per year; or 

c. If not otherwise included, the four 

most highly compensated persons in the 

gaming operation. 

2. Primary Management Official 

a. The person having management 

responsibility for a management contract; 

b. Any person who has authority to: 

1. Hire and fire employees; or 

2. Set up working policy for the 

gaming operation. 
c. The chief financial officer or other 

person who has financial management 

responsibility. 

S 9-1 Existing key employees and primary management officials shall 

be notified in writing that they shall either: 

(a) complete a new application form that contains the 

Privacy Act notice described in Section 9 above; or 

(b) sign a statement that contains the Privacy Act 

notice described in Section 9 above and consent to 

the routine uses described in that notice. 

When a key employee or a primary management official begins 

work at a gaming operation the Choctaw Gaming Commission will 

forward the application to the Choctaw Tribal Police for 

investigation. The Choctaw Tribal Police will also perform 

fingerprint cards on the applicant. The investigative report will 

be reviewed by the Choctaw Gaming Commission. After approval, the 

Choctaw Gaming Commission then will forward the application, 

background investigation, and fingerprint cards to the National 

Indian Gaming Commission. 

ELIGIBILITY DETERMINATION 

The Choctaw Nation Gaming Commission shall review a person's 

prior activities, criminal record, if any, and reputation, habits 

and associations to make a finding concerning the eligibility of a 

key employee or primary management official for employment in a 

gaming operation. If it is determined that employment of the 

person poses a threat to the public interest of 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. 

SECTION 10 QUA LIFICA TlONS FOR GAMING LICENSES 

S 10-1 The Choctaw Nation Gaming Commission may issue or renew 

a gaming license to an applicant who submits a proper and completed 

application, provided that the Commission determines that the 

applicant: 

(a) is not a minor; 

(b) is a person of good character, honesty, and integrity; 
(c) has no prior af:tivities, criminal record, reputation, 

habits, and associations which pose a threat to the 

public interest or the interest of the Tribe or to 

the effective regulation and control of gaming, or 

create or enhance the dangers of unsuitable, unfair, 

or illegal practices, methods, and activities in the 

conduct of gaming or the carrying on of the business 

and financial arrangements incidental to the 

conduct of gaming; 

(d) has not supplied false and/or misleading information or 

who has not omitted material information required under 

this Ordinance, the Act, and 25 C.F.R. Chapter 111; 

(e) has not had, or is not in privity with anyone who has 

had, a gaming license revoked for cause in any 

jurisdiction since the effective date of the Act; 

(f) has complied with this Ordinance or any resolution 

adopted by the Council; 

(g) does not occupy a competing position in the employ of 

another Tribe with a five hundred (500) mile radius of 

any tribal gaming operation; and 

(h) does not violate any of the requirements set forth in 25 

U.S.C. 55 2711 (a) and (e) . 

S 10-2 Each gaming license shall be valid for the three (3) 

fiscal years commencing January 1 and ending December 31 of a 

respective year, provided that, in the discretion of the Nation, a 

gaming license may be granted for a term to run concurrently with 

the term of a management contract. 

S 10-3 A gaming license may not be assigned or transferred and 

is valid only for use by the person in whose name it is issued and 

at the gaming establishment for which it is issued. A gaming 

license shall be displayed at all times at the gaming establishment 

for which the license was issued. 

S 10-4 The Choctaw Nation Gaming Commission shall make the 

final decision as to whether a gaming license shall be issued, 

suspended, or revoked. 

S 10-5 Until authorized by a Tribal-State compact, no gaming 

license shall be issued by the Council for class I11 gaming. 
SECTION I1 BACKGROUND INVESTIGATIONS 

1. Choztaw Nation Gaming Commission has determined the Choctaw 

Nation Tribal Police shall be the agency to conduct background 

investigations and complete fingerprint cards on Primary Management 

Officials/Key Employees. 

The Choctaw Nation Gaming Commission shall receive the actual 

printout or summary of any initial background check which shall 

identify any felony, criminal history, or crime of moral turpitude 

which is known to the Choctaw Nation Tribal Police. 

The Choctaw Nation Gaming Commission shall review any background 

check report issued to the tribe. The Choctaw Nation Gaming 

Commission shall share any information revealed by such checks to 

the manager of the gaming facilities which, in the Gaming 

Commission's judgment, affects the consideration of an individual 

for employment. 

The Choctaw Nation Gaming Commission shall request from each 

employee 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; 

d. Current business and residence telephone numbers; 

e. A description of any existing and previous business 

relationships with Indian tribes, including ownership interests in 

those businesses; 

f. A description of any existing and previous business 

relationships with the gaming industry generally, including 

ownershi? interests 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 of 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. For each misdemeanor conviction or on going misdemeanor 

prosecution (excluding minor traffic violations), within ten years 

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

involved the date and disposition; 

j. For each criminal 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 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 and date taken and person depicted; 

m. Any other information the commissioner deems relevant; and 

n. Fingerprints consistent with procedures adopted by the Choctaw 

Nation according to 25 CFR $1 522.2 (h) . (Primary Management 

Official/Key Employee only) 

2. The Choctaw Nation Tribal Police shall conduct an investigation 

sufficient for the Choctaw Nation Gaming Commission to make a 

determination to issue or decline issue of license. 

In conducting a background investigation, the identity of 

each person interviewed in the course of the investigation shall be 

kept confidential. 

3. The Choctaw Nation Gaming Commission shall determine that an 

appropriate investigation has been conducted on key employees and 

primary management officials. The background investigation shall 

be conducted by the Choctaw Nation Tribal Police. Appropriate 

investigation procedures shall include but not limited to the 

following: 

(1) Verify all information contained in the application for 

license, and obtain and process fingerprints; 
(2) explanation of job description, fitness of individual to 

perform 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, including but 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. 

The Choctaw Nation Tribal Police shall prepare a form for the 

documentation of these areas: noting potential problems and 

sources of potential problems, actions talcen by the applicant that 

indicate possible disqualification, any other information that 

could possibly be relevant in the determination of the Choctaw 

Gaming Commission in disqualifying the applicant from licensing. 

This includes the documentation of all interviews summaries 

with former employees, employers, references, etc. 

4. After completion of the background investigation, the Choctaw 

Nation Chief of Tribal Police shall prepare an investigative report 

setting forth the following: 

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

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. 

5. The Choctaw Nation Gaming Commission shall review all 

background investigations and based on investigations have the 

power to issue license based on Section 11 and Section 13. 

Signature of one of three commissioners of the Choctaw Gaming 

Commission will be on the licenses. 
SECTION 12 PROCEDURES FOR FORWARDING APPLICATIONS AND 

REPORTS FOR KEY EMPLOmS AND PRIMARY MANAGEMENT 

OFFICIALS TO THE NATION INDIAN GAMING COBMISSION 

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

at a garring operation authorized by this Act, the Choctaw Nation 

Gaming Commission shall forward to the National Indian Gaming 

Commission a completed application for employment and conduct z 

background investigation and make the determination referred to in 

Eligibility Determination of this Act. 

(2) The Choctaw Nation Gaming Commission shall forward the report 

referred to in section 13 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. 

SECTION 13 REPORT TO THE NATIONAL INDIAN GAMING 

COMMISSION 

(1) Pursuant to the procedures set out in Section 13 of this Act, 

the Choctaw Nation Tribal Police Lead Officer shall prepare and 

forward to the Choctaw Nation Gaming Commission. This commission 

then shall forward to the National Indian Gaming Commission an 

investigative Report on each background investigation. An 

investigative report shall include all of the following: 

(a) Steps taken in conducting a background investigation; 

(b) results obtained; 

(c) conclusions reached; and 

(d) the bases for those conclusions. 

(2) With the report shall be submitted a copy of the eligibility 

determination made under Section 9 of this Act. 

(3) If a license is not issued to an applicant, the Choctaw Nation 

Gaming Commission: 

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

(b) mzy include copies of the eligibility determination and 

investigative report (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 of 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 of his or her delegate for no less that three years from 

the date of termination of employment. 

SECTION 14 GRANTING A GAMING LICENSE 

A. I. Policy. Recognizing the need for an established 

procedure for the licensing/permitting of the Choctaw 

Nation gaming facility employees, the following is 

hereby declared to be a policy of the Choctaw Nation 

Gaming Commission. Pursuant to federal law (P.L. 100- 

497) regarding gaming on Indian lands, each gaming tribe 

shall ensure that there exists a standard whereby any 

person whose prior activities, criminal record, if any, 

or reputation, habits and associations pose a threat to 

the public interest or to the effective regulation of 

gaming, or create or enhance the dangers of unsuitable, 

unfair, or illegal practices and methods and activities 

in the conduct of gaming shall not be eligible for 

employment. Therefore, the purpose of this Regulation 

shall he construed to protect the Choctaw Nation gaming 

operation from potentially detrimental influences. 

The Choctaw Nation Gaming Commission has classified the 

following licenses: 

DEFINITIONS 

(1) "Primary Management Official"-See Section 9 for 

definition. 

(2) "Key Employeen-See Section 9 for definition. 

The Choctaw Nation Gaming Commission shall have the 

authority to designate those positions, which shall 

be considered as a key employee/primary management 

official, according to the operational structure of 

each establishment. 

(3) "Gaming staff employee" means all the those 

employees not included in the key employee/primary 

management official classification. 
TYPES OF LICENSE 

(A) "Key Employee License"means that license issued to 

a qualified key employee candidate by the 

Commissioner upon completion of appropriate 

background investigations and the Commission 

receives notification from the National Indian 

Gaming Commission that it has no objections to the 

issuance of a license to the individual. 

(B) "Primary management license" means that license 

issued to a qualified primary management official 

candidate by the Commission upon completion of 

appropriate background investigations and the 

Commission receives notification from the National 

Indian Gaming commission that it has no objections 

to the issuance of a license to the individual. 

(C)"Staff permit" means a work permit issued to those 

qualified gaming staff employees by the Choctaw 

Nation Gaming Commission upon completion of 

appropriate background investigations. 

(D)"Provisional key employee/primary management official 

license" means a temporary license issued to an 

individual, who is employed in the classification 

of key employee/primary management official at the 

execution of this Regulation. The provisional key 

employee/primary management official license is 

valid for a period not to exceed one hundred and 

eighty (180) days and is instituted to allow 

sufficient time to perform background 

investigations upon the individual. 

(E)"Provisional gaming staff permit" means a temporary 

permit issued to a gaming staff employee who is 

employed by the facility at the execution of this 

Regulation. The provisional permit is valid for a 

period not to exceed thirty (30) days and is 

instituted to allow sufficient time to perform 

background investigations upon the employee. The 

provisional permit shall also apply to new hires by 

the facility to allow sufficient time to perform 

background investigations upon same. 
(11) License Statement 

No person shall be employed as a key employee, primary 

management official or as an employee of any gaming 

activity within the jurisdiction of the Choctaw Nation, 

unless such a person has received and holds a valid 

license, professional license, staff permit or 

provisional gaming staff permit as required pursuant to 

this Regulation. 

(1II)Key employee/primary management official license 

If, within a 30 day period after the National Indian 

Gaming Commission receives a report, the National Indian Gaming 

Commission notifies the Choctaw Nation Gaming Commission 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 Choctaw nation has provided an application 

and investigative report to the Nation Indian Gaming Commission, a 

license may be issued to such individual. 

The Choctaw Nation Gaming Commission shall respond to a 

request for additional information from the chairman of the 

National Indian Gaming Commission subject of a report. Such 

request shall suspend the 30-day period until the chairman of the 

National Indian Gaming Commission receives the additional 

information. 

If within the 30 day period described above, the 

National Indian Gaming Commission provides the Commissioner with 

statement itemizing objections to the issu~nce of a license to a 

key employee or to a primary management official for whom the 

Choctaw Nation has provided an application and investigative report 

to the National Indian Gaming Commission, the Choctaw Nation Gaming 

Commission shall reconsider the application, taking into account 

the objections itemized by the National Indian Gaming Commission. 

The Choctaw Nation Gaming Commission shall make final decision to 

issue a license to such applicant. 

(1) Those individuals within or considered to be within 

the key employee/primary management official 

classification shall be licensed by the 

Commissioner of Public Gaming before executing any 

duty or responsibility of that individual's 

position. 
(2) An individual shall be allowed to provisionally 

execute duties in the key employee/primary 

management official classification, until he/she 

has been approved and has obtained a license or has 

been formally denied licensing. 

(3) Upon determination that an individual does not pose 

a threat to the conduct of the gaming operation, a 

license shall be issued to the individual. 

(A) A license shall be valid for the remainder of 

the calendar year. 

(B) The license is valid only at the location(s) 

stipulated on the license. 

(C) The individual shall apply for renewal of the 

license no less than thirty (30) days prior to 

the expiration date of the existing license. 

(4) Upon receipt of the request for license renewal, 

the Choctaw Nation Gaming Commission shall evaluate 

the license individuals personnel record regarding 

work ethics and activities, which may have an 

effect upon the credibility of the gaming 

operation, to determine if the renewal of such 

license is appropriate. 

(5) Each license shall remain on the facility premises 

for which the license was issued in a conspicuous 

space as designated by the facility General 

Manager. 

(6) Conditional upon receiving a key employee 

license/primary management official license, the 

holder thereof must acknowledge in writing 

that they understand the terms, including but not 

limited to, all provisions of this Regulation, and 

conditions of receiving said license and agree to 

abide by the terms and conditions. 

(1V)Gaming staff permit. 

(1) Those individuals, who do not occupy a key 

employee/primary management position, shall be 

required to obtain a gaming staff permit. 

(2) Upon application for permit, an individual shall be 

issued a provisional work permit, which will allow 

the individual to execute those duties for which 

he/she was employed. 
(3) A provisional permit shall be issued to a facility 

new hire to allow such individual to perform those 

job duties, until a gaming staff permit may be 

issued or a determination of denial of a staff 

permit is issued. 

(4) Upon determination that an individual does not pose 

a threat to the proper conduct of the gaming 

operation, a work permit shall be issued to the 

individual. 

(A) A work permit shall be valid for the 

individual's period of continuous employment. 

(B) The permit shall be surrendered upon 

termination of employment. Employees 

terminated but rehired shall reapply for a new 

permit. 

(C) The permit is valid only at the location(s) 

stipulated on the permit. 

(D) The permit number shall be incorporated as 

part of the possession at all times while on 

the gaming premises. 

(5) A permit may be revoked, if granted on the basis of 

false information, or if the holder thereof 

materially violates policies, terms or conditions 

of permit. 

(6) The work permit holder's personnel record shall be 

reviewed by the Office of Public Gaming on an 

annual basis, regarding work ethics and activities 

which may have an effect upon the credibility of 

the gaming operation for consideration of continued 

permit status. 

(7) A permit holder shall annually supplement his 

application with a certified statement as to all 

arrests, convictions, for any treatment for mental 

problems or any alcohol or drug abuse problems 

since the original application or since the 

immediate prior annual supplement. 

(V) Approval/acceptance standards 

(1) An applicant shall be issued a license/permit if - 
(A) He/she has ever had any felony conviction(s) 

for any capital crime (capital crimes are 

considered murder, murder for hire, homicide, 

and other crimes of violence). 

(B) He/she has ever had any felony conviction(s) 

for theft, embezzlement, sale and/or 

possession of drugs, or racketeering, for key 

employee/primary management official applicant 

or said felony convictions within five (5) 

years of gaming staff applicant. 

(C) The applicant's previous employment indicates 

improprieties by the individuals, including 

but not limited to, embezzlement, and/or 

fraudulent activities. 

(D) The applicant's previous activities and habits 

are considered detrimental to the ethical 

conduct of the gaming operation or to the 

effective regulation of gaming. 

Licenses/permit may be revoked and/or suspended 

the Commissioner for violation of any 

provision of this Regulation and for any 

activities which are considered to be 

detrimental to the public interest or to the 

effective regulation of gaming. 

SECTION 15 GAMING LICENSE SUSPENSION 

If, after the issuance of a gaming license, the Tribe receives 

from the Commission reliable information indicating that a key 

employee or a primary management official is not eligible for 

employment under Section 13 of this Ordinance, the Tribe shall 

suspend such license and shall notify in writing the licensee 

and supervisor of the suspension and the proposed revocation. 

Upon notification of nonacceptance/revocation of licensing, 

applicant will be informed and acknowledge receipt of appeal 

procedures and opportunity for hearing pursuant to established 

Choctaw Nation l.aw as provided. 

The Choctaw Nation Gaming Commission shall notify the licensee 

of a time and place for a hearing on the proposed revocation 

of a license. 
After a revocation hearing, the Choctaw Nation Gaming 

Com~ission shall notify the National Indian Gaming Commission, 

the Chief of the Choctaw Nation, and Choctaw Tribal Council of 

their decision. 

SECTION 16 FINGERPRINTING FOR NIGC 

The Choctaw Nation Gaming Commission shall keep the official 

fingerprint cards for the National Indian Gaming Commission on file 

in the Choctaw Nation Tribal Police offices. 

(A. ) As part of any employment application of a Key 

Employee/Primary Management Official, fingerprints shall be given 

upon cards issued by the National Indian Gaming Commission. 

(B. ) To obtain such prints, the Choctaw Nation Gaming Commission 

shall issue card (s) to the Choctaw Nation Tribal Police. Choctaw 

Nation Tribal Police shall establish a time and location to take 

such prints and such law enforcement officers shall take the 

prints. 

(C.) After fingerprints have been taken, the Choctaw Nation 

Tribal Police shall send the cards directly to the National Indian 

Gaming Commission in envelopes with cover letters provided by the 

Choctaw Nation Gaming Commission which include an affidavit by the 

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

law enforcement officers. 

(D. Fees charged by the National Indian Gaming Commission for 

processing of fingerprints shall be paid by the Choctaw Nation of 

Oklahoma. 

(E. ) The Choctaw Nation Gaming Commission shall request a 

report from the National Indian Gaming Commission which include a 

check through the Federal Bureau of Investigation's National 

Criminal Information Center. 

(F. Fees charged by the National Indian Gaming Commission 

for processing such reports shall be paid by the tribe. 

SECTION 17 PROTECTION OF THE ENVIRONMENT AND PUBLIC 

HEALTH AND SAFETY 
Garring facilities shall be constructed, maintained and 

operated in a manner that adequately protects the environment 

and the public health and safety. 

SECTION 18 RECORDS AND REPORTS 

S 18-1 A gaming operation shall keep permanent books of account 

or records, including inventory records of gaming supplies, 

sufficient to establish the amount of gross and net income, 

deductions and expenses, receipts and disbursements, and other 

information required in any financial statement, report, or other 

accounting prepared pursuant to the Act or Chapter I11 in Title 25 

C.F.R. 

S 18-2 No later than the thirtieth (30th) day of each month, 

each gaming operator shall provide, in a report form prescribed by 

the Council, a statement of gross revenues, assessable gross 

revenue and net revenues received or collected at each gaming 

establishment during the immediate preceding month. 

S 18-3 All papers, books, and records including computer 

records of the gaming operation relating to licensed gaming 

activities shall be subject to inspection, examination, 

photocopying, and auditing by the Council and the Commission's 

authorized representatives at any time during reasonable hours. 

All such papers, books, and records shall be retained not less than 

six (6) years. 

SECTION 19 ANNUAL AUDIT 

S 19-1 (a) The Council shall cause to be conducted, at least 

annually, an independent audit of the books and 

records of each gaming operation. 

(b) Audit Standards. The Tribe shall engage an 

independent certified public accountant, licensed 

in Oklahoma , to provide an annual audit of the 

financial statements of each gaming operation on 

Tribal lands. Such financial statements shall be 

prepared in accordance with generally accepted 

accounting principles and the audit(s) shall be 

conducted in accordance with generally accepted 

auditing standards. Audits of the gaming operation 

required under this Section may be conducted in 
conjunction with any other independent audit of the 

Tribe, provided that the requirements of Chapter 

I11 in Title 25 C.F.R. are met. 

(c) Copies of Audit Reports. The Tribe shall submit to 

the Commission a copy of the audit report(s) and 

management letter(s) setting forth the results of 

each annual audit within one hundred twenty (120) 

days after the end of each fiscal year of the 

gaming operation (s) resulting from the audit (s) 

conducted pursuant to Subsection (a) above. 

(d) Relationship of Audited Financial Statements to Fee 

Assessment Reports. The Tribe shall reconcile its 

quarterly fee assessment reports, submitted under 

25 C.F.R. Part 514, with its audited financial 

statements and make available such reconciliation 

upon request by the Commissions authorized 

representative. 

S 19-2 All gaming related contracts that result in purchases of 

supplies, services, or concessions for more than Twenty Five 

Thousand ($25,000) Dollars in any year (except contract for 

professional legal or accounting services) shall be specifically 

included within the scope of the audit conducted pursuant to this 

Section. 

SECTION 20 GROSS GAMING REVENUES 

S 20-1 The gross gaming revenues derived from gaming operations 

are Tribal funds and may be expended by a licensee whose authority 

is either delegated or provided for by the Council. 

SECTION 21 VIOLATIONS 

S 21-1 No person shall operate or conduct any gaming activity 

in a gaming operation within the exterior boundaries of Tribal 

lands without a gaming license issued by the Council as required by 

this Ordinance. 

S 21-2 No person shall knowingly submit false or misleading 

information to the Commission or the Tribe in response to any 

provision of the Act, Chapter I11 in Title 25 C.F.R. or a Tribal 

Ordinance or resolution that the Chairman has approved under parts 

522 or 523 in Title 25 C.F.R. 
S 21-3 (a) No management contractor shall fail to account 

fully for all moneys received or collected in connection with 

gaming activities or to file any report required by the management 

contract. 

(b) A gaming operation shall not refuse to allow an 

authorized representative of the Commission or an 

authorized Tribal official to enter or inspect a gaming 

operation in violation of 25 C.F. $5 571.5 or $9 571.6, or 

of a Tribal Ordinance or resolution approved by the 

Chairman under parts 522 or 523 in Title 25 C.F. 

S 21-4 No person under the age of eighteen (18) years shall be 

employed by a gaming operation or shall otherwise be permitted to 

participate in any gaming activities. 

S 21-5 No person shall engage in cheating (as that term is 

defined in the definitions of this Ordinance) in any gaming 

activity or engage in any fraudulent conduct affecting either the 

Tribe or a customer or a gaming operation. 

S 21-6 No person, other than an officer of the Choctaw Nation 

Law Enforcement or Choctaw Security Personnel, may enter or remain 

in a gaming establ-ishment licensed under this Ordinance while in 

the possession of a firearm or other weapon. 

S 21-7 Any person who is in privity with a person who violates 

this Ordinance shall be deemed to be in violation of this Ordinance 

to the same extent as the violator, and shall be treated 

accordingly. 

S 21-8 The management contractor is responsible for ensuring 

that all primary management officials and key employees assisting 

in the operation of any gaming activity on the management 

contractor's behalf comply with this Ordinance. A violation by any 

such officials or employees, unless otherwise provided in an 

approved management contract, shall be deemed a violation by the 

management contractor and shall subject the contractor to civil 

enforcement action. It shall not be a defense that the management 

contractcr was unaware of the violation. 

S 21-9 No person, whether playing in or conducting any gaming 

activity authorized under this Ordinance, shall: 

(a) use bogus or counterfeit cards, or substitute or use any 

game cards that have been tampered with; 

(b) employ or have on one's person any cheating device to 

facilitate cheating in any gaming activity; or 
(c) knowingly cause, aid, abet, or conspire with another 

person or cause any person to violate any provision of 

this Ordinance or any rule adopted under this Ordinance. 

S 21-10 A gaming operation's facility shall be constructed, 

maintained, and operated in a manner that does not threaten the 

environment or the public health and safety. 

S 21-11 If the management contractor fails to correct violations 

within the time permitted in a notice of violation issued by the 

Chairman or within fifteen (15) calendar days after the Tribe 

provides notice of a violation, such failure shall be deemed a 

further violation by the management contractor. 

SECTION 22 NOTICE OF VIOLATION 

S 22-1 Choctaw Nation Gaming Commission may issue a notice of 

violation to any person for violation of any provision of this 

Ordinance. 

S 22-2 A notice of violation shall contain: 

(a) a citation to the Ordinance provision that has been or 

is being violated; 

(b) a description of the circumstances surrounding the 

violation, set forth in common and concise language; 

(c) measures required to correct the violation; 

(d) a statement that the correction must be corrected with 

five (5) calendar days from the date the notice was 

issued; 

(e) a statement of the alleged violator's rights or appeal. 

SECTION 23 ENFORCEMENT 

S 23-1 Choctaw Nation Gaming Commission shall take any one or a 

combination of the following actions with respect to any person who 

violates any provision of this Ordinance: 

(a) suspend or revoke any gaming license issued or; 

(b) bring an action in tribal court of competent 

jurisdiction for impcsition of one or more of the 

following sanctions: 

27 
(I) seizure of any gaming apparatus, proceeds, or 

other property of a licensee connected with the 

gaming activities engaged in by the licensee; 

(11) execution on any nonexempt property of a 

violator located within the exterior boundaries of 

Tribal lands. 

S 23-2 Civil actions may be brought by the Council pursuant to 

this Ordinance in any court of competent jurisdiction to enforce 

the imposition of any and all sanctions provided for under this 

ordinance. 

S 23-3 Before taking any action authorized in S 22 of this 

Ordinance, the Choctaw Gaming Commission shall use its best efforts 

to notify the alleged violator, in person or by letter delivered to 

his/her last known address, of the charges against him/her, and 

allow the alleged violator an opportunity for a prompt hearing. if 

the alleged violator fails to respond, or cannot be found, the 

Council may proceed with a hearing notwithstanding, and take such 

action as it deems appropriate. Said notice of the alleged 

violation shall be served at least three (3) business days prior to 

the hearing. 

S 23-4 Every person who applies for a gaming license and 

accepts such license thereby acknowledges the civil enforcement 

jurisdiction and authority of the Council executed by the Choctaw 

Gaming Commission under this Ordinance to order an execution on 

his/her nonexempt property, the suspension or termination or 

his/her gaming equipment or proceeds or other property, upon a 

proper finding of the Council or the court that the person has 

violated a provision of this Ordinance, despite 

lack of actual notice, provided that the Council has used its best 

efforts to notify the person, in person or by letter delivered to 

his/her last known address. 

SECTION 24 HEARINGS AND APPEALS 

S 24-1 This Section provides the procedures for appeals to the 

Choctaw Gaming Commission regarding a violation alleged in a notice 

of violation. 

S 24-2 The Choctaw Gaming Commission shall hold a hearing on 

the proposed revocation of a gaming license held by a primary 

management official or key employee after it has suspended such 

license pursuant to 25 C.F.R. 99558.5. The licensee shall be 

notified by the Choctaw Gaming Commission of the time and 

2 8 
place f,2r hearing. After the hearing, the Choctaw Gaming 

I Commission shall decide to revoke or reinstate the gaming license. 

The Choctaw Gaming Commission shall notify the Council, the Chief 

of the Choctaw Nation, and license holder of their decision. 

I 

S 24-3 Any person aggrieved by a decision made or action taken 

by the Choctaw Gaming Commission without notice and opportunity for 

hearing to the aggrieved person, may petition the commission for a 

I hearing and reconsideration. The petition shall be filed within 

thirty (30) business days after the petitioner knew or should have 

known of the decision or action. The commission shall grant a 

prompt hearing upon receiving such a petition, and shall reconsider 

any of its decisions or actions, affirm, modify, reverse, and/or 

vacate the previous commission's order in light of what is 

presented at a hearing. 

S 24-4 Any person aggrieved by a decision made or action taken 

by the Choctaw Gaming Commission after notice and opportunity for 

hearing may petition the Constitutional Tribal Court for review. 

Such petition shall specifically set forth the reasons for 

aggrievement and be filed with the Court no later than thirty (30) 

business days after the Commission's decision or action. The Court 

shall set the mater for hearing no later than thirty (30) business 

days and no sooner than three (3) business days after receipt of 

the petition, and may, upon establishing that it has jurisdiction, 

affirm, modify, reverse, and/or vacate the Commission's order. 

SECTION 25 SERVICE 

S 25-1 The Council has designated Bob Rabon, Tribal attorney, 

(Drawer 1210, Durant, OK 74702) as an agent for service of any 

official determination, order, or notice of violation. 

S 25-2 A management contractor or a Tribal operator shall 

designate by written notification to the Commission an agent for 

service of any official determination, order, or notice of 

violation. 

SECTION 26 RESOLUTION OF DISPUTES BETWEEN MANAGEMENT 

CONTRACTOR OR TRIBE AND CUSTOMERS 

S 26-1 Notice of warning regarding the improper conduct set out 

in S 22 of this Ordinance or other gaming rules established and 

enforced by the gaming operation shall be posted at the entrance of 

each gaming establishment and/or given to the customer upon 

entering the premises. 
S 26-2 The following improper conduct shall result in ejection 

of a customer from any gaming establishment: 

(a) cheating; 

(b) possession of weapons in the gaming establishment; 

(c) possession of alcohol that has been brought by a 

customer into the gaming establishment; 

(d) possession of a controlled substance in the gaming 

establishment; 

(e) disorderly conduct, including the willful, or wanton 

disregard for the rights of others; and 

(f) any other act which is disruptive to the gaming 

operation. 

S 26-3 Failure by a customer to provide proof of age when 

requested by gaming operation personnel shall result in ejection of 

the customer from the premises but the admissior, fee shall be 

refunded. 

S 26-4 Ejection of a customer shall be accomplished by the 

Security Personnel or the Choctaw Nation Law Enforcement, upon 

request of the gaming operation. 

S 26-5 (a) Either the employee manager or management 

contractor of the gaming operation or an alternate 

designated by either shall be present at all times 

to resolve complaints by customers involving the 

operation of bingo and other class I1 games at the 

establishment. 

(b) If the employee manager or management contractor or 

their alternates are unable to resolve any dispute, 

as provided in (a) the matter may, upon request of 

the customer, be referred to the Council for 

resolution. Action by the Council may be initiated 

by making a written request to the Legal Department 

of the Choctaw Tribe, Drawer 1210, Durant, OK 

74702. The decision of the Council on any dispute 

so referred to it for resolution shall be final. 

SECTION 27 APPLICABLE LAW 

S 27-1 All controversies involving contracts relating to gaming 

entered into under the authority of the Council on Tribal lands 

shall be resolved, as appropriated in accordance with: 

(a) the Indian Gaming Regulatory Act; 

(b) National Indian Gaming Commission Regulations; 

(c) the laws of the Tribe; and 

30 
(d) if no Tribal laws exist, the laws of the State of 

Oklahoma, which are incorporated herein by 

reference. 

S 27-2 To the extent that the provisions of any Tribal-state 

compact entered into by the Choctaw Nation and the State of 

Oklahoma are inconsistent with any provisions of this Ordinance, 

the provisions of the compact shall govern class I1 gaming on 

Choctaw Tribal lands. 

SECTION 28 SAVINGS PROVISION 

S 28-1 If any provision of this Ordinance or the application 

thereof to any person or circumstance is held invalid, the 

invalidity shall not affect other provisions or applications of the 

Ordinance which can be given effect without the invalid provisions 

or application, and, to this end, the provisions of this Ordinance 

are severable. 

SECTION 29 EFFECTIVE DA TE/REPEAL 

S 29-1 This Ordinance shall be effective immediately upon 

approval by appropriate governmental authority and, once approved, 

all previous gaming Ordinances shall be repealed.