COMANCHE NATION 

GAMING ORDINANCE 

AS REVISED, CODIFIED, AND AMENDED 

THROUGH [date of NIGC approval] 

(History: Enacted by Comanche Business Committee (CBC) Resolution No. 56-09, approved by National Indian

Gaming Commission (NIGC) on May 18, 2009; amended by CBC Resolution No. 111-09, amendment approved 

by NIGC on September 21, 2009; amended by CBC Resolutions No. 69-14, 83-14, and [##-14], amendments 

approved by NIGC on [date]) 
i 

COMANCHE NATION GAMING ORDINANCE 

Table of Contents 

Part 100 GENERAL PROVISIONS

Section 101 Purpose .................................................................................................................................................. 1 

Section 102 Definitions ............................................................................................................................................. 1 

Section 103 Gaming Authorized and Regulated ........................................................................................................ 5 

Section 104 Ownership of Gaming ............................................................................................................................ 5 

Section 105 Use of Net Gaming Revenues ................................................................................................................ 5 

Section 106 Per Capita Payments .............................................................................................................................. 5 

Section 107 Environment and Public Health and Safety ........................................................................................... 5 

Section 108 Agent for Service of Process.................................................................................................................. 6 

Section 109 Compliance with Federal Laws ............................................................................................................. 6 

Section 110 Repealer ................................................................................................................................................. 6 

Section 111 Tribal Member Access to Financial Information ................................................................................... 6 

Section 112 Confidential Information ....................................................................................................................... 6 

Section 113 Political Activity Prohibited .................................................................................................................. 7 

Sections 114-199 Reserved 

Part 200 GAMING BOARD OF DIRECTORS 

Section 201 Gaming Board of Directors Created ...................................................................................................... 8 

Section 202 Board Composition; Quorum ................................................................................................................. 8 

Section 203 Director Terms ....................................................................................................................................... 8 

Section 204 Director License ..................................................................................................................................... 9 

Section 205 Director Qualifications .......................................................................................................................... 9 

Section 206 Directors’ Duties .................................................................................................................................... 9 

Section 207 Board Role ........................................................................................................................................... 10 

Section 208 Board Contracting Limitations ............................................................................................................ 10 

Section 209 Void Contracts ..................................................................................................................................... 11 

Section 210 Appointment of Director ...................................................................................................................... 11 

Section 211 Director Eligibility ............................................................................................................................... 11 

Section 212 Removal of Director ............................................................................................................................ 11 

Section 213 Director Compensation ........................................................................................................................ 12 

Section 214 Directors’ Meetings ............................................................................................................................. 12 

Section 215 Board Reports ...................................................................................................................................... 12 

Section 216 Board Budget ....................................................................................................................................... 12 

Section 217 Distribution of Net Gaming Revenues ................................................................................................. 12 

Section 218 Incorporation of the Board ................................................................................................................... 13 

Section 219 Gaming Annual Audit .......................................................................................................................... 13 

Sections 220-229 Reserved 

Section 230 Office of Chief Executive Officer Established .................................................................................... 13 

Section 231 Appointment of Chief Executive Officer ............................................................................................. 13 

Section 232 Removal of Chief Executive Officer ................................................................................................... 13 

Section 233 Duties of Chief Executive Officer ....................................................................................................... 14 

Section 234 Chief Executive Officer License .......................................................................................................... 14 

Section 235 Qualifications of Chief Executive Officer ........................................................................................... 14 

Section 236 Compensation of Chief Executive Officer ........................................................................................... 15 

Section 237 Eligibility of Chief Executive Officer .................................................................................................. 15 

Sections 238-299 Reserved 

Part 300 COMANCHE NATION GAMING COMMISSION 

Section 301 Gaming Commission Established ........................................................................................................ 16 

Section 302 Role of Commission and Commissioners ............................................................................................ 16 

Section 303 Commission Composition; Quorum .................................................................................................... 16 
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Section 304 Commissioner License ......................................................................................................................... 17 

Section 305 Commissioner Qualifications............................................................................................................... 17 

Section 306 Commissioners’ Duties ........................................................................................................................ 18 

Section 307 Hearings and Appeals .......................................................................................................................... 19 

Section 308 Commission Contracting Limitations .................................................................................................. 20 

Section 309 Void Contracts ..................................................................................................................................... 21 

Section 310 CBC Review or Approval Needed ....................................................................................................... 21 

Section 311 Confidentiality of Commission Records .............................................................................................. 21 

Section 312 Appointment of Commissioner ............................................................................................................ 22 

Section 313 Commissioner Terms ........................................................................................................................... 22 

Section 314 Commissioner Eligibility ..................................................................................................................... 22 

Section 315 Removal of Commissioner .................................................................................................................. 23 

Section 316 Commissioner Compensation .............................................................................................................. 23 

Section 317 Commissioner Meetings ...................................................................................................................... 23 

Section 318 Commission Reports ............................................................................................................................ 24 

Section 319 Commission Budget ............................................................................................................................. 24 

Section 320 Commission Annual Audit .................................................................................................................. 24 

Section 321 Patron Dispute Resolution ................................................................................................................... 24 

Sections 322-329 Reserved 

Section 330 Office of Executive Director Established ............................................................................................ 25 

Section 331 Appointment of Executive Director ..................................................................................................... 25 

Section 332 Removal of Executive Director ........................................................................................................... 25 

Section 333 Duties of Executive Director ............................................................................................................... 25 

Section 334 Executive Director License .................................................................................................................. 27 

Section 335 Qualifications of Executive Director ................................................................................................... 27 

Section 336 Compensation of Executive Director ................................................................................................... 27 

Section 337 Eligibility of Executive Director .......................................................................................................... 27 

Sections 338-399 Reserved 

Part 400 LICENSING 

Section 401 Employee Licenses .............................................................................................................................. 28 

Section 402 License Application Forms .................................................................................................................. 28 

Section 403 Fingerprints .......................................................................................................................................... 29 

Section 404 Background Investigations .................................................................................................................. 29 

Section 405 Gaming License Eligibility Determination .......................................................................................... 30 

Section 406 Report to the NIGC .............................................................................................................................. 31 

Section 407 Granting an Individual Gaming License .............................................................................................. 31 

Section 408 Licenses for Vendors ........................................................................................................................... 32 

Section 409 Gaming Facility Licenses .................................................................................................................... 33 

Section 410 License Ineligibility ............................................................................................................................. 33 

Section 411 License Suspensions and Revocations ................................................................................................. 34 

Section 412 License Hearing ................................................................................................................................... 35 

Section 413 Retention of License Records .............................................................................................................. 35 

Sections 414-499 Reserved 

Part 500 ETHICS 

Section 501 Standards for Directors and Commissioners ........................................................................................ 36 

Section 502 Guiding Principles of Ethical Conduct ................................................................................................ 36 

Section 503 Prohibited Complimentary Items ......................................................................................................... 36 

Section 504 Gambling Prohibited ............................................................................................................................ 37 

Section 505 Consequences of Ethical Violations .................................................................................................... 37 

Sections 506-599 Reserved 

Part 600 BOARD OF REVIEW FOR EMPLOYEE DISPUTES 

Section 601 Board of Review Established ............................................................................................................... 38 

Section 602 Authorized Disputes ............................................................................................................................ 38 
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Section 603 Composition ......................................................................................................................................... 38 

Section 604 Selection .............................................................................................................................................. 38 

Section 605 Terms ................................................................................................................................................... 38 

Section 606 License ................................................................................................................................................. 39 

Section 607 Compensation ...................................................................................................................................... 39 

Section 608 Operational Costs and Administrative Assistance ............................................................................... 39 

Section 609 Regulations .......................................................................................................................................... 39 

Section 610 Organization ........................................................................................................................................ 39 

Section 611 Meetings and Hearings ........................................................................................................................ 40 

Section 612 Decisions ............................................................................................................................................. 40 

Section 613 Removal ............................................................................................................................................... 40 

Section 614 Recusal ................................................................................................................................................. 40 
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PART 100. GENERAL PROVISIONS 

Section 101. Purpose

The Comanche Business Committee, empowered by Article VI § 7(j) of the Comanche 

Nation Constitution to enact ordinances and codes, hereby enacts this Gaming Ordinance in 

order to govern Class II and Class III Gaming on the Nation’s Indian lands. 

Section 102. Definitions

Unless a different meaning is clearly indicated in this Ordinance, the terms used herein 

shall have the same meaning as set forth in the Indian Gaming Regulatory Act , 25 U.S.C. § 

2701 et seq., and its regulations, 25 C.F.R. § 501 et seq., or as either may be amended. 

Capitalized words and phrases used in this Ordinance shall have the meanings respectively 

ascribed to them in this Section. 

(A) Board of Directors or Board means the Comanche Nation Gaming Board of 

Directors, established by the CBC, which oversees the management of the 

Nation’s Gaming and Related Enterprises in accordance with the authority 

provided herein. 

(B) Board of Review or Employee Board of Review means the final review body 

for disputes by an employee of the Board of Directors, a Gaming Facility or 

Related Enterprise, or the Commission, as authorized by this Ordinance. 

(C) CBC means the Comanche Business Committee. 

(D) Class I gaming means: 

(1) social games played solely for prizes of minimal value; or 

(2) traditional forms of Indian gaming when played by individuals in 

connection with tribal ceremonies or celebrations. 

(E) Class II Gaming means: 

(1) Bingo or lotto (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) Pull-tabs, punch boards, tip jars, instant bingo, and other games similar 

to bingo, if played in the same location as bingo or lotto; and 

(3) Non-banking 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 

regarding hours, periods of operation, and limitations on wagers 

and pot sizes. 

(F) Class III Gaming means all forms of gaming that are not Class I or Class II, 
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including, but not limited to: 

(1) Any house banking games, including but not limited to: 

(a) Card games such as baccarat, chemin de fer, blackjack (21), and 

pai gow (if played as house-banking games); and 

(b) Casino games such as roulette, craps, and keno; 

(2) Any slot machines, as defined in 15 U.S.C. §1171(a)(1), and electronic 

or electromechanical facsimiles of any game of chance; 

(3) Any sports betting and pari-mutuel wagering, including, but not limited 

to, wagering on horse racing, dog racing or jai alai; or 

(4) Lotteries. 

(G) Commission means the Comanche Nation Gaming Commission established by 

the CBC, which performs regulatory oversight and monitors compliance with 

applicable Gaming laws and regulations in accordance with the authority 

provided herein. 

(H) Commission Employee means a person employed by the Commission. 

(I) Commissioner means a person appointed by the CBC to serve on the Comanche 

Nation Gaming Commission. 

(J) Compact means the Comanche Nation – State of Oklahoma Gaming Compact 

concerning Class III Gaming approved by the Secretary of the Interior and 

published in the Federal Register pursuant to 25 U.S.C. § 2710(d). 

(K) Confidential Information means all private and/or proprietary information of 

the Comanche Nation, Board, Commission, and/or the Board of Review that 

may have a significant adverse impact on the Nation, the Board, the 

Commission, the Board of Review, the Nation’s employees, Patrons, and/or 

Vendors if it is published or its integrity compromised. Confidential 

Information includes information protected by tribal law, federal privacy laws, 

and the kind of information exempted from disclosure under the federal 

Freedom of Information Act. 

(L) Director means a person appointed by the CBC to serve on the Board of 

Directors. 

(M) Executive Management means those persons employed by the Board to 

perform the management, administration, and supervision of the day-to-day 

activities of the Nation’s Gaming Facilities and Related Enterprises, which may 

include but not be limited to duties and functions normally associated with a 

chief executive officer, chief operating officer, chief information officer, chief 

financial officer, and general managers of the Gaming Facilities. 

(N) Game means the actual activity qualifying as Class II or Class III Gaming or, as 

appropriate, to engage in Class II or Class III Gaming. 

(O) Gaming, as used throughout this Ordinance, means conducting or, as 

appropriate, engaging in Class II and/or Class III Gaming on the Nation’s Indian 

lands, but shall not include bona fide business transactions. 

(P) Gaming Activity means an endeavor associated with or directly related to (i) 

the manufacture, distribution, service, or maintenance of Gaming devices or (ii) 

the supervision, conduct, or operation of any Gaming (including accounting and 

marketing departments). Gaming Activity does not include commercial activity

that is not directly related to Gaming, such as, but not limited to, hospitality 
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services and retail activity. 

(Q) Gaming Employee means an employee of the Board, a Gaming Facility or 

Related Enterprise, or the Commission whose duties: 

(1) are directly connected with a Gaming Activity; or 

(2) require or authorize unescorted access to areas of a Gaming Facility that 

are both restricted and not open to Patrons. 

(R) Gaming Facility means any building, part of a building, or area located on 

Indian lands where Gaming Activities authorized and regulated by this 

Ordinance are conducted but does not include any Non-Gaming enterprises that 

are adjacent or attached to a Gaming Facility. 

(S) Gaming Facility License is a separate license issued by the Commission to 

each Gaming Facility. 

(T) Gaming Vendor means any person, business, or entity, who manufactures, 

distributes, sells, leases, supplies, markets, services, repairs, updates, installs, 

removes, or otherwise provides goods or services to the Board, a Gaming 

Facility, or the Commission, that are directly related and unique to a Gaming 

Activity. 

(U) IGRA means the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., 

including regulations promulgated thereunder, as now enacted or as may from 

time to time be amended, re-enacted, or replaced. 

(V) Indian lands means those lands meeting the requirements set forth in 25 U.S.C. 

§ 2703(4) and 25 C.F.R. § 502.12 (see also 25 U.S.C. § 2719; 25 C.F.R. Part 

292). 

(W) Key Employee means: 

(1) A person who performs 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 Gaming devices, including persons with access to 

cash and accounting records within such devices; 

(2) All Commission employees; 

(3) Any employee of a Gaming Facility or the Board whose total cash 

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

(4) The four (4) most highly compensated persons in a Gaming Facility; and 

(5) Any other Gaming or Gaming-related position that the Commission 

designates by regulation as a Key Employee position. 

(X) Management Contract shall have the meaning set forth at 25 C.F.R. § 502.15. 

(Y) Nation means the Comanche Nation. 

(Z) Net Gaming Revenues has the same meaning as set forth in the Nation’s 

Revenue Allocation Plan and means Gaming revenue remaining at the end of 
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each calendar month, after disbursement of operating expenses and dues, 

including but not limited to loan payments, player winnings, equipment costs, 

adequate contingency reserves, supplies, casino employee wages, salaries, fees, 

and all other expenses (excluding Management Contract fees, if applicable, as 

set forth at 25 U.S.C. § 2703(9) and 25 C.F.R. § 502.16), for that month or 

period. 

(AA) NIGC means National Indian Gaming Commission. 

(BB) Non-Gaming Vendor means any person, business, or entity that provides goods 

and services to the Commission, the Board, or a Gaming Facility that are not 

necessary for, or directly related to, the conduct of Gaming, including but not 

limited to construction, repair and maintenance services, and food and beverage 

services. 

(CC) Patron means any natural person who enters upon the premises of a Gaming 

Facility for the purpose of playing Games located therein. 

(DD) Persons directly related to means a spouse, child, parent, or sibling. 

(EE) Person having a financial interest in a contract includes: 

(1) A natural person that is a party to a contract; 

(2) Any beneficiary or trustee of a trust when that trust is a party to a 

contract; 

(3) Any partner of a partnership when that partnership is a party to a 

contract; 

(4) Any director or holder (either alone or in combination with a spouse, 

parent, child, or sibling) of five percent (5%) or more issued and 

outstanding stock of a corporation when that corporation is a party to a 

contract; 

(5) All parties of an entity when that entity holds an interest in a trust, 

partnership, or corporation that is a party to a contract; 

(6) Any person or entity that will receive an interest from those listed above 

through attribution, grant, pledge, or gift. 

(FF) Primary Management Official means: 

(1) The person(s) having management responsibility for a Management 

Contract; 

(2) Any person who is employed by a Gaming Facility or the Board and has 

authority: 

(a) To hire and fire Gaming Facility employees; 

(b) To establish and supervise working policies for a Gaming Facility; 

or 

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

management responsibility for the Nation’s Gaming; or 

(3) Any other Gaming or Gaming-related position that the Commission 

designates by regulation as a Primary Management Official. 

(GG) Related Enterprise, as used in this Ordinance, means a Non-Gaming enterprise 

managed and operated by the Board. 

(HH) Revenue Allocation Plan or RAP means that document setting forth the 

Nation’s plan for allocating Net Gaming Revenue and, as required by IGRA, has 

been submitted to and approved by the Secretary of the Interior. 
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(II) State means the State of Oklahoma. 

(JJ) Tribal Court means either the Court of Indian Offenses for the Comanche 

Nation, which is operated by the Anadarko Agency of the Bureau of Indian 

Affairs on the Nation’s behalf, or any successor court established by the Nation 

to hear disputes and that complies with the due process requirements set forth in 

the Indian Civil Rights Act, 25 U.S.C. §1302. 

Section 103. Gaming Authorized and Regulated

(A) Class II and Class III Gaming are hereby authorized to be conducted on the 

Nation’s Indian lands in accordance with this Ordinance. 

(B) Any Class III Gaming shall be authorized if conducted in accordance with a 

Compact between the Nation and the State of Oklahoma or Secretarial 

procedures approved by the Secretary of the Interior. 

Section 104. Ownership of Gaming 

The Nation shall have the sole proprietary interest in and responsibility for the conduct of 

any Gaming authorized by this Ordinance. 

Section 105. Use of Net Gaming Revenues

Net Gaming Revenues shall be distributed in accordance with the Nation’s RAP and the 

CBC shall ensure that such funds are used only for the following purposes, as prescribed by 

IGRA: 

(A) To fund the Nation’s government operations and programs; 

(B) To provide for the general welfare of the Nation and its members; 

(C) To promote the Nation’s economic development; 

(D) To donate to charitable organizations; or 

(E) To help fund operations of local government agencies. 

Section 106. Per Capita Payments

The Nation shall authorize and issue per capita payments to its members only in accordance 

with the Revenue Allocation Plan submitted to and approved by the Secretary of the 

Interior as required by 25 U.S.C. § 2710(b)(3). 

Section 107. Environment and Public Health and Safety

(A) Gaming Facilities shall be constructed, maintained, and operated in a manner 

that adequately protects the environment and the health and safety of the public. 

(B) The CBC shall, with input from the Board of Directors and Commission, adopt 

and enforce laws and standards applicable to Gaming Facilities to ensure 

adequate protection of the environment and the health and safety of the public. 
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Section 108. Agent for Service of Process

The Nation hereby designates the Chairman of the Comanche Nation as its agent for service 

of process, with notice sent to: 

584 N.W. Bingo Road 

Lawton, OK 73507; 

With concurrent notice to: 

Chair, Comanche Nation Gaming Board of Directors 

302 NW Rogers Lane 

Lawton, OK 73507; 

and 

Chair, Comanche Nation Gaming Commission 

1915 East Gore Boulevard 

Lawton, OK 73501. 

Section 109. Compliance with Federal Law

The Nation, Board, and Commission shall comply with all applicable federal law, including 

the Bank Secrecy Act, 31 U.S.C. § 5311 et seq., regulating the conduct of Gaming on 

Indian lands. 

Section 110. Repealer

All prior Gaming ordinances and/or codes of the Comanche Nation are hereby repealed. 

Section 111. Tribal Member Access to Financial Information

A copy of the annual outside independent audit, required by Sections 219 and 320 of this 

Ordinance, shall be available for review by Comanche Nation tribal members in accordance 

with established procedures. 

Section 112. Confidential Information

(A) Confidential Information shall be safeguarded with strong custody and access 

procedures by the Nation, the Board, and the Commission. 

(B) Confidential Information shall be made available only to authorized persons or 

for authorized functions on a “need to know” basis. 

(C) Confidential Information shall not be considered tribal records subject to 

disclosure to Comanche Nation tribal members as set forth at Article X § 4 of 

the Comanche Nation Constitution. 

Section 113. Political Activity Prohibited

(A) Directors and Commissioners shall have the right to vote as they choose and to 
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express their personal opinion on political subjects and candidates, but shall not, 

at any time, while holding the position of Director or Commissioner: 

(1) take an active part in political campaigns for election to the Nation’s 

public offices; 

(2) use his or her official authority or influence for the purpose of 

interfering with or affecting the result of an election to a public office of 

the Nation; or 

(3) knowingly solicit, accept, or receive a political contribution from any 

person. 

(B) No Director, Commissioner, vendor, contractor, employee of the Board, 

employee of a Gaming Facility or Related Enterprise, or employee of the 

Commission shall engage in any partisan political activity or political activity 

related to the Nation’s public offices while: 

(1) on duty; 

(2) in any room or building where he or she performs his or her official 

duties; or 

(3) wearing a uniform or official insignia identifying the office or position 

of the person. 

(C) No Director, Commissioner, vendor, contractor, employee of the Board, 

employee of a Gaming Facility or Related Enterprise, or employee of the 

Commission shall engage in or promote any partisan political activity or 

political activity related to the Nation’s public offices while: 

(1) using any vehicle owned or leased by the Board, Commission, Gaming 

Facilities or Related Enterprises; or 

(2) using any equipment or property of the Board, Commission, Gaming 

Facilities or Related Enterprises. 

Sections 114 – 199 RESERVED 
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PART 200. GAMING BOARD OF DIRECTORS

Section 201. Gaming Board of Directors Created

(A) There is hereby established an enterprise entity of the Nation that shall be 

known as the Comanche Nation Gaming Board of Directors and this entity 

shall possess the same immunity and tax status of the Nation. 

(B) The Board shall oversee and control the Nation’s conduct of Gaming and 

Related Enterprises through oversight of Executive Management and the 

adoption of policies and procedures to govern the operations of Gaming 

Facilities and Related Enterprises. 

(C) The operations of the Board, including Executive Management and staff hired 

thereby, shall be an authorized Gaming-related operating expense for purposes 

of audit and determining Net Revenues, as defined by IGRA, and for purposes 

of determining Net Gaming Revenue subject to distribution under the Nation’s 

RAP. 

(D) In the event that the Nation enters into a Management Contract approved by the 

NIGC, the Board may delegate some or all of its duties to the approved 

Management Contractor. 

(E) The actions and duties of the Board shall not violate applicable Gaming laws or 

interfere with the Commission’s regulation of the Nation’s Gaming Activities. 

Section 202. Board Composition; Quorum

(A) The Board shall consist of three (3) members and at least one of whom shall be 

an enrolled member of the Comanche Nation. 

(B) The Board shall elect a Chair from among themselves, whose duty it shall be to 

call for and preside over all meetings and to execute official documents of the 

Board. 

(C) A Vice-Chair shall also be elected from among the Directors who shall perform 

the duties of the Chair in the Chair’s absence. 

(D) A majority of the members of the Board constitutes a quorum and the 

concurrence of a majority shall be required for any official action. 

(E) The Board may act in its official capacity even if there are vacancies on the 

Board. 

(F) Directors shall serve in such capacity until a successor is duly appointed and 

qualified unless such Director is removed in accordance with this Ordinance 

prior to the expiration of a term. 

Section 203. Director Terms

Terms of office for Directors shall be three (3) years and each staggered by one year to 

result in the appointment of one (1) Director per year. A Director may be re-appointed by 

the CBC without limitation on the number of terms. 
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Section 204. Director License

Directors shall be subject to the same background check and license eligibility requirements 

as Key Employees and Primary Management Officials, found in Part 400 of this Ordinance 

and regulations promulgated hereunder, and each must be licensed accordingly in order to 

qualify for and retain office. 

Section 205. Director Qualifications

In addition to satisfying the licensing eligibility standards for Key Employees and Primary 

Management Officials set forth in Commission regulations, each candidate for Director 

must possess at least two (2) of the following qualities: 

(A) Degree in Business Administration, Accounting, Marketing, or an equivalent 

field; 

(B) Five (5) or more years’ experience in business management; 

(C) Two (2) or more years’ experience in casino management; or 

(D) Demonstrated knowledge of federal Indian law, the Indian Gaming Regulatory 

Act, and related statutes and regulations. 

Section 206. Directors’ Duties

Directors shall have the following duties: 

(A) Hire, direct, and supervise a Chief Executive Officer in accordance with 

Sections 230-237 of this Ordinance, or a similarly qualified and approved 

Management Contractor; 

(B) Establish, adopt, and cause to be implemented policies and procedures for the 

Board, its staff, Gaming Facilities, and Related Enterprises to guide 

development, protect Patrons, employees, and property, promote operational 

efficiency, reduce operating costs, comply with relevant laws and regulations, 

and encourage growth of Net Gaming Revenues and other income; 

(C) Develop, approve, and present to the CBC, the annual operating budget for the 

Board’s operations in accordance with Section 216 of this Ordinance; 

(D) Approve and enter into contracts and other agreements, in accordance with 

Section 208 of this Ordinance, on behalf of the Board, Gaming Facilities, and/or 

Related Enterprises; 

(E) Adopt personnel policies governing the employees of the Board, Gaming 

Facilities, and Related Enterprises; 

(F) Monitor and oversee the operations of Gaming Facilities and Related Enterprises 

to ensure Executive Management accomplishes the duties set forth in Section 

233 of this Ordinance; and 

(G) Any other duties or powers not prohibited herein that the Directors determine 

are necessary to monitor and oversee the management of the Gaming Facilities 

and Related Enterprises. 
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Section 207. Board Role

Directors shall not assume the role of, or act as, Executive Management personnel, but 

rather shall delegate all management functions to Executive Management and oversee the 

performance of Executive Management which shall consist of industry professionals and 

subject matter experts. Directors are entitled to rely on the advice of such experts and 

professionals so long as the Director believes that the advice was within the expert’s 

professional competence, the expert was selected with reasonable care, and such reliance is 

in good faith. 

Section 208. Board Contracting Limitations

CBC approval, by resolution, is needed prior to the Board entering into any contract or 

agreement that is: 

(A) a Management Contract, as defined by IGRA; 

(B) for the construction or purchase of buildings or any other improvements to real 

property or buildings thereon exceeding $3,000,000.00; 

(C) with any other Indian tribe or its agency, or any unit of federal, state, tribal or 

local government; provided however that a contract or agreement for the 

following is not included in this limitation: 

(1) the routine provision of emergency services and utilities (including but 

not limited to water, electric, telephone, sewer, sanitation, fiber optics); 

and 

(2) other goods and services related to a Gaming Facility or a Related 

Enterprise (including but not limited to marketing, transportation, 

lodging, and distribution); 

(D) granting any person a possessory interest in real property; 

(E) in violation of, by its terms, the Nation’s Gaming laws, IGRA, or other 

applicable federal law; or 

(F) purporting to waive the Nation’s sovereign immunity; provided however that a 

contract or agreement satisfying the following requirements is not included in 

this limitation and may be entered into without prior CBC approval: 

(1) Waiver and consent to suit is non-assignable, non-transferable, and 

limited to claims against the Board of Directors arising only from acts or 

omissions of the Board of Directors that breach the contract, and such 

waiver and consent shall terminate upon expiration of the contract; 

(2) Enforcement under such contract is limited to injunctive relief or to 

actual contract damages and limited to specifically identified security or 

assets within the sole control of the Board of Directors, excluding 

property held in trust by the United States on behalf of the Nation and 

excluding identifiable assets of the Nation, and such damages shall not 

exceed $3,000,000.00; 

(3) Jurisdiction is limited to the Tribal Court; and 

(4) Expressly approved as to form by legal counsel for the Board of 

Directors. 
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Section 209. Void Contracts

Any contract or agreement of the Board of Directors or other Board entity that, by its terms, 

violates any provision of Section 208 of this Ordinance shall be null, void, and 

unenforceable ab initio in its entirety including any provision for dispute resolution therein. 

Section 210. Appointment of Director

(A) For any vacancy on the Board of Directors, the Chairman of the Comanche 

Nation shall call for resumes from qualified candidates. 

(B) The CBC shall review resumes received and shall choose from among them a 

person meeting the qualifications of this Ordinance. 

(C) The CBC shall confirm such appointment by resolution. 

Section 211. Director Eligibility

The Nation recognizes the importance of an independent Board of Directors in maintaining 

well-managed Gaming Facilities and the need to avoid potential conflicts of interest in the 

operation and regulation of the Gaming Facilities. The Nation hereby finds that, at a 

minimum, the following persons are not eligible to serve on the Board of Directors: 

(A) Member of the CBC, the Commission, or a Primary Management Official of a 

direct competitor to the Nation’s Gaming Facilities; 

(B) Persons having a financial interest in a contract to which the Board of Directors, 

the Commission, a Gaming Facility, or a Related Enterprise are a party; 

(C) Persons directly related to or sharing a residence with any of the above; 

(D) Employees of the Board, Commission, Gaming Facilities or Related Enterprises, 

while employed as such; and 

(E) Persons ineligible to be licensed as Key Employees or Primary Management 

Officials. 

Section 212. Removal of Director

(A) A Director may be removed from office by the CBC prior to the expiration of 

his/her respective term only for neglect of duty, misconduct, malfeasance, or 

other acts that would render the Director unqualified for his/her position. 

(B) When the CBC believes that a removal is appropriate, it shall notify the 

Director, in writing, setting forth the grounds for such removal and the date, 

time, and place of the hearing on the matter, providing the Director at least three 

(3) days’ advance notice. 

(C) Any allegations of neglect of duty, misconduct, malfeasance, or other acts that 

would render the Director unqualified for his/her position must be substantiated 

by a preponderance of the evidence. 

(D) The CBC may opt to preliminarily remove a Director pending the hearing. 

(E) At the hearing, such Director shall be given an opportunity to provide evidence 
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rebutting the grounds for his/her removal before the removal is voted upon. 

(F) A vote of the CBC on the appropriateness of removal shall be final and not 

subject to further appeal. 

(G) A finding by the CBC that a preliminary removal was wrongful shall entitle the 

affected Director to compensation for expenses incurred in an appeal and any 

other compensation withheld. 

(H) The unexpired term of a Director removed under this Section shall be filled in 

accordance with this Ordinance. 

Section 213. Director Compensation

(A) Directors shall be compensated at a level determined by the CBC. 

(B) Directors shall not be considered employees of the Nation, the Board, a Gaming 

Facility, or Related Enterprises, for any purpose and shall carry out the 

responsibilities of their terms on a part-time periodic basis. 

Section 214. Directors’ Meetings

(A) The Board of Directors shall hold regular meetings monthly and special 

meetings as needed. 

(B) The Board of Directors shall keep a written record of all meetings and make 

such records available to the CBC or the Commission upon request. 

Section 215. Board Reports

The Board of Directors shall make financial reports to the CBC monthly and as requested. 

Section 216. Board Budget

(A) The Board of Directors shall develop annually, prior to the beginning of the 

Nation’s fiscal year, a projection of the Net Gaming Revenue to be distributed to 

the Nation and a budget for the Board of Directors’ operations, including 

personnel costs, proposed capital expenditures, loan payments, contingency 

reserves, and other expenses, for the following fiscal year. 

(B) Said proposed budget shall be submitted to the CBC for approval by resolution. 

(C) The Board of Directors, Gaming Facilities, and Related Enterprises, may obtain 

and pay for such capital improvements, furnishings, equipment, supplies, 

stationery, subscriptions, employees, and services as it deems necessary or 

desirable to carry out its functions within the limit of the budgeted funds and 

expenditures approved by the CBC pursuant to this Section. 

Section 217. Distribution of Net Gaming Revenues

(A) The Board of Directors shall determine and distribute monthly to the Nation the 

Net Gaming Revenues generated by the Gaming Facilities in accordance with 

projected Net Gaming Revenue distributions in the manner directed by CBC 
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resolution. 

(B) The Board of Directors shall distribute to the Commission monthly, or less 

frequently if requested by the Commission, a pro rata share for such period of 

the Commission’s budget approved by the CBC pursuant to Section 319 of this 

Ordinance and this shall be considered a distribution to the Commission for 

accounting purposes and deducted from Net Gaming Revenues for RAP 

purposes. 

Section 218. Incorporation of Board

The CBC may organize the Board of Directors into a corporation, agency, or other 

appropriate business entity. 

Section 219. Gaming Annual Audit

(A) The Nation, through the Board of Directors, shall cause to be conducted an 

annual outside independent audit of Gaming Facilities (including the operations 

of the Board), which may be encompassed within existing independent audit 

systems of the Nation. The resulting audit reports shall be submitted to the 

CBC, Commission, and NIGC within 120 days from the close of the fiscal year. 

(B) All Gaming-related contracts that result in the purchase of supplies, services, or 

concessions in excess of $25,000.00 in any fiscal year (except contracts for 

professional legal and accounting services) shall be specifically included within 

the scope of the audit required by Subsection (A) above. 

Sections 220-229 RESERVED

Section 230. Office of Chief Executive Officer Established

In the absence of a Management Contractor approved by the CBC and NIGC, there is 

established the position of Chief Executive Officer of the Board of Directors because 

effective operation of the Nation’s Gaming Facilities and Related Enterprises requires 

active supervision by a qualified individual on a daily basis, and also requires that 

management oversight be separated from the daily management of the workforce. 

Section 231. Appointment of Chief Executive Officer

The Board shall hire and direct a Chief Executive Officer of the Board of Directors to 

oversee and manage the Nation’s conduct of Gaming and other Related Enterprises and 

who shall serve as a full-time, at-will employee of the Board of Directors. 

Section 232. Removal of Chief Executive Officer

The Board shall have the authority to remove the Chief Executive Officer at its discretion 

upon a majority vote of the Board at a meeting duly convened for such purpose. A decision 

to remove the Chief Executive Officer shall be final and not subject to further appeal to the 
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Board of Review or any other venue. 

Section 233. Duties of Chief Executive Officer

The Chief Executive Officer shall have the following duties: 

(A) Budget management for the Board, Gaming Facilities, and Related Enterprises; 

(B) Inspect and examine, on a periodic basis, all books, records, and papers; 

(C) Development of policies and procedures to promote development, protect 

Patrons, employees, and property, promote operational efficiency, comply with 

relevant laws and regulations, and encourage growth of Net Gaming Revenue 

and other income; 

(D) Implementation of Board-approved policies and procedures and annual 

operating budget; 

(E) Direct supervisory authority over all employees of the Board and Primary 

Management Officials; 

(F) Scheduling for employees of the Board; 

(G) Monitor and ensure the performance of contracts; 

(H) Provide a copy of all Gaming-related contracts to the Commission to review for 

compliance with this Ordinance and other applicable Gaming laws and 

regulations; 

(I) Establish wager limits, prize limits, and pay-out ratios; 

(J) Develop marketing and strategic development plans; 

(K) Oversee the investigation, negotiation, and informal resolution of Patron 

complaints related to tort claims and prize claims and, if applicable, assist 

Gaming Facilities throughout the Commission’s hearing process; 

(L) Ensure operations comply with applicable laws and regulations; 

(M) Delegate performance of duties, as needed, to other members of Executive 

Management; and 

(N) Other duties as assigned or delegated by the Board of Directors. 

Section 234. Chief Executive Officer License

The candidate for the position of Chief Executive Officer must satisfy the eligibility 

standards set forth for Key Employees and Primary Management Officials, found in Part 

400 of this Ordinance, and regulations promulgated hereunder, and must be licensed 

accordingly in order to retain the position. 

Section 235. Qualifications of Chief Executive Officer

The Chief Executive Officer shall be subject to the same qualification requirements 

outlined in Section 205 of this Ordinance for the Directors, except that the Chief Executive 

Officer shall have a minimum of ten (10) years’ work experience in the executive 

management of similarly-sized business entities, which may include professional casino 

management experience. 
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Section 236. Compensation of Chief Executive Officer

The Chief Executive Officer shall be compensated at a level determined by the Board and 

such compensation may be based on performance standards approved by the Board of 

Directors. 

Section 237. Eligibility of Chief Executive Officer 

The Chief Executive Officer shall be subject to the same eligibility requirements that are 

imposed on the Directors, as found in Section 211 of this Ordinance. 

Sections 238 - 299 RESERVED

 
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PART 300. COMANCHE NATION GAMING COMMISSION

Section 301. Gaming Commission Established

(A) There is hereby established an agency of the Nation which shall be known as the 

Comanche Nation Gaming Commission whose duty it is to regulate the 

Nation’s conduct of Gaming to ensure compliance with applicable Gaming laws 

and regulations. 

(B) The Nation recognizes the importance of an independent Commission in 

maintaining well-regulated Gaming. The Commission shall act independently 

and autonomously from the CBC in the enforcement of regulatory matters 

within its purview. No prior or subsequent review by the CBC of any actions of 

the Commission shall be required or permitted except as otherwise explicitly 

provided in this Ordinance. 

(C) The distributions made by the Board to the Commission pursuant to the 

Commission’s budget, approved by the CBC, shall be considered a distribution 

to the Commission for accounting purposes and deducted from Net Gaming 

Revenue for RAP purposes. 

Section 302. Role of Commission and Commissioners

(A) The purpose of the Commission is regulatory, not managerial, and therefore, the 

Commission shall not interfere with the Nation’s management or conduct of 

Gaming except for citing violations of, and enforcing compliance with, 

applicable Gaming laws and regulations. 

(B) The Commission and the Board have the common goal of ensuring that the 

Nation’s Gaming is successful and conducted in full compliance with all 

applicable laws and regulations. To the extent allowed under applicable law, the 

Commission and the Board shall work together to informally resolve regulatory 

issues. 

(C) Commissioners’ duties and responsibilities are limited and specific to ensure the 

fair and impartial review and adjudication of all matters related to licensing and 

enforcement of compliance with Gaming laws and regulations. Commissioners 

shall not participate in, direct, or attempt to influence the outcome, course, or 

direction of a Commission investigation into any aspect of compliance, 

surveillance, revenue control, background investigation, internal audit, or any 

other Commission activity, and must remain independent of all day-to-day 

activities to be prepared at all times to fairly and impartially judge all matters 

brought before them. 

(D) Nothing in this Ordinance shall prevent the Comanche Nation Police 

Department from investigating criminal activity within its jurisdiction. 

Section 303. Commission Composition; Quorum

(A) The Commission shall consist of four (4) members, one of whom shall be 

designated as a non-voting alternate, and at least one of whom shall be an 
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enrolled member of the Comanche Nation. 

(B) The Commissioners shall elect a Chair from among them, whose duty it shall be 

to call for and preside over all meetings and hearings and to execute official 

documents of the Commission. 

(C) In addition, the Commissioners shall elect a Vice-Chair who shall perform the 

duties of the Chair in the Chair’s absence. 

(D) A majority of the voting Commissioners shall constitute a quorum and the 

concurrence of a majority of the same shall be required for any official action. 

(E) The alternate Commissioner may attend all meetings of the Commission, but 

shall not count toward a quorum, vote, or take other official action unless a 

voting Commissioner is unavailable. 

(F) The Commission may act in its official capacity even if there are vacancies on 

the Commission. 

(G) Commissioners shall serve in such capacity until his/her respective successor is 

duly appointed and qualified unless removed in accordance with this Ordinance 

prior to the expiration of a term. 

Section 304. Commissioner License 

Commissioners shall be subject to the same background check and license eligibility 

requirements as Key Employees and Primary Management Officials, found in Part 400 of 

this Ordinance and regulations promulgated hereunder, and each must be licensed 

accordingly in order to qualify for and retain office. 

Section 305. Commissioner Qualifications

In addition to satisfying the licensing eligibility standards set forth for Key Employees and 

Primary Management Officials, each candidate for Commissioner must meet all the 

requirements of either (A) or (B) of this Section: 

(A) A high school diploma; four (4) or more years’ work experience in a highlyregulated industry in the field of business management, compliance, or 

regulation; and at least one of the following: 

(1) Demonstrated knowledge of licensing requirements for Gaming 

Facilities; 

(2) Demonstrated knowledge of surveillance requirements for Gaming 

Facilities; or 

(3) Demonstrated knowledge of compliance and audit requirements for 

Gaming Facilities; or 

(B) A Bachelor’s degree in Business Administration, Management, Accounting, 

Marketing, Law, or another relevant field, with a preference given to candidates 

with a relevant graduate degree; two (2) or more years’ work experience in a 

highly-regulated industry in the field of business management, compliance or 

regulation; and at least one of the following: 

(1) Demonstrated knowledge of licensing requirements for Gaming 

Facilities; 
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(2) Demonstrated knowledge of surveillance requirements for Gaming 

Facilities; or 

(3) Demonstrated knowledge of compliance and audit requirements for 

Gaming Facilities. 

Section 306. Commissioners’ Duties

Commissioners shall have the following duties: 

(A) Hire, direct, and supervise an Executive Director of the Commission in 

accordance with Sections 330-337 of this Ordinance; 

(B) Comply and ensure compliance with this Ordinance, IGRA, the Compact, and 

any other applicable Gaming laws and regulations, including but not limited to 

any and all reporting requirements; 

(C) Promulgate the following tribal internal control standards, regulations, and 

procedures, all of which must be approved by the CBC, to implement the 

provisions of this Ordinance, to comply with other applicable Gaming laws and 

regulations, to track and audit the generation and expenditure of Gaming 

revenue, and to promote effective regulation of Gaming: 

(1) Regulations for the licensure, including tiered licensure, or registration 

of vendors, employees, and Gaming Facilities as required in Part 400 of 

this Ordinance; 

(2) Regulations and procedures governing the conduct of background 

investigations and that set forth eligibility standards for the different 

tiers of licensing and the registration of vendors, employees, and 

Gaming Facilities; 

(3) Regulations providing for the levying of fees, including a schedule of 

such fees, associated with registering, permitting, and licensing, as 

applicable, of employees, vendors, and Gaming Facilities, and the 

certification, as applicable, of Gaming devices; 

(4) Regulations governing enforcement actions, the levying of fines, 

including a schedule of such fines, and the denial, suspension, or 

revocation of any individual or vendor license, for violations of this 

Ordinance or any other applicable Gaming laws and regulations; 

(a) Fines shall not be assessed against employees of the Board, 

employees of Gaming Facilities, or employees of the 

Commission; 

(5) A list of regulatory authorities that conduct Gaming Vendor background 

investigations and licensing that are recognized as trustworthy; 

(6) Procedures and standards for the internal audit of all major Gaming 

areas of the Nation’s Gaming Facilities in accordance with the internal 

audit requirements set forth in 25 C.F.R. Parts 542 and 543; 

(7) Procedures and regulations to provide any affected person or entity the 

right to due process and the right to appeal any adverse action taken by 

the Commission; 

(8) Regulations governing hearings, the issuance of subpoenas, receipt of 
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evidence, and adjudication of appeals; 

(9) Regulations to allow for the voluntary and involuntary exclusion of 

certain persons from the Nation’s Gaming Facilities; 

(D) Certify gaming devices in accordance with established procedures and as 

required by the Compact and 25 C.F.R. Parts 543 and 547; 

(E) Hold hearings, issue subpoenas, receive evidence, and adjudicate appeals, all in 

accordance with CBC-approved regulations, on matters related to licensing and 

enforcement actions taken by the Commission; 

(F) Adjudicate Patron tort claims and prize claims in accordance with applicable 

laws and CBC-approved regulations; 

(G) Approve and enter into contracts and other agreements on behalf of the 

Commission subject to the limitations set forth at Section 308 of this Ordinance; 

(H) Establish, adopt, and cause to be implemented policies and procedures, 

including personnel policies, that are applicable only to the Commission and its 

employees; 

(I) Monitor and oversee the regulation and enforcement of the Nation’s Gaming by 

ensuring that the Executive Director and Commission staff accomplish the 

duties set forth in Section 333 of this Ordinance; and 

(J) Any other duties or powers not prohibited herein that the Commission 

determines are necessary to monitor and oversee the regulation of the Nation’s 

Gaming. 

Section 307. Hearings and Appeals 

(A) Hearings 

(1) The Commission shall afford applicants for licenses and licensees an 

opportunity for a hearing prior to any final action that: 

(a) denies, suspends, revokes, limits, or terminates a license (except 

as allowed at Section 411(A) and (C) of this Ordinance); 

(b) imposes sanctions upon a licensee; or 

(c) may affect an individual’s or entity’s ability to obtain or 

maintain a gaming license issued by the Commission or other 

regulatory agency. 

(2) Notice shall be served on the affected party clearly setting forth the 

following: 

(a) The legal basis for the proposed adverse action; 

(b) All evidence relied upon by the Commission in making its 

initial determination; 

(c) The time, date, and place of the hearing; and 

(d) The party’s right to present testimony, exhibits, and any other 

evidence or testimony. 

(3) All hearings shall be open, on the record, and the affected party or 

parties may be represented by an attorney. 

(a) Any attorney appearing before the Commission must be duly 

qualified and admitted to practice before the Tribal Court. 

(4) A party’s failure to appear at a hearing may constitute grounds for: 
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(a) Refusal to grant a license to the applicant; 

(b) Imposition of proposed sanctions; or 

(c) Revocation, modification, or suspension of a license, as 

proposed in the notice. 

(5) The Commission shall not be bound by technical rules relating to 

evidence and witnesses but the basic principles of relevancy, materiality, 

and probative force shall govern the proof of all questions of fact. 

(B) Appeals 

(1) The Tribal Court shall have exclusive appellate jurisdiction over a final 

determination made by the Commission related to licensing and 

enforcement actions. 

(2) An affected party shall have the right to appeal a final determination of 

the Commission to the Tribal Court provided that a notice of appeal is 

filed with the Tribal Court and the Commission within thirty (30) days 

of receiving the written determination. Upon receipt of the notice of 

appeal, the Commission shall promptly file the full record of the 

Commission’s proceedings with the Tribal Court. 

(3) Failure to seek review of a final determination of the Commission within 

thirty (30) days of receiving the written determination shall constitute a 

waiver of all rights of appeal and further shall deprive the Tribal Court 

of jurisdiction over the matter. 

(4) In all appeals, the Tribal Court shall give proper deference to the 

Commission’s interpretation of its regulations. 

(5) The Tribal Court shall not set aside, modify, or remand any 

determination by the Commission unless it finds that such determination 

is: 

(a) Arbitrary and capricious; 

(b) An abuse of the Commission’s discretion; 

(c) Unsupported by substantial evidence; or 

(d) Contrary to law. 

(6) The Tribal Court shall issue a written decision on all appeals and such 

decision shall be final. 

(7) The Commission expressly waives sovereign immunity solely for the 

purpose of allowing appeals to the Tribal Court from final 

determinations of the Commission related to licensing and enforcement 

actions and such consent is limited to declaratory and injunctive relief; 

provided however, the Tribal Court may award the prevailing party or 

parties reasonable costs and attorney fees, as set by the Tribal Court. 

Section 308. Commission Contracting Limitations 

CBC approval, by resolution, is needed prior to the Commission entering into a contract or 

agreement that is: 

(A) for the construction or purchase of buildings or any other improvements to real 

property or buildings thereon; 
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(B) with any other Indian tribe or its agency, or any unit of federal, state, tribal or 

local government; provided however that a contract or agreement for the 

following is not included in this limitation: 

(1) the routine provision of utilities (including but not limited to water, 

sewer, electric, telephone, sewer, sanitation); and 

(2) other goods and services related to the Commission operations 

(including but not limited to transportation and lodging); 

(C) granting any person a possessory interest in real property; 

(D) in violation of, by its terms, the Nation’s Gaming laws, IGRA, or other 

applicable federal law; or 

(E) purporting to waive the Nation’s and/or the Commission’s sovereign immunity. 

Section 309. Void Contracts

Any contract or action of the Commissioners or other authorized signatory that, by its 

terms, violates any provision of Section 308 of this Ordinance shall be null, void, and 

unenforceable ab initio in its entirety including any provision for dispute resolution therein. 

Section 310. CBC Review or Approval Needed

(A) The adoption of, and any changes to, the Commission’s regulations, rules, 

procedures, and/or standards that are applicable to any person or entity outside 

of the Commission, including but not limited to those set forth in Section 

306(C), shall be considered rulemaking and shall not be effective until CBC 

approval is secured by resolution. At least thirty (30) days prior to submitting 

the proposed changes to the CBC for review and approval, the Commission shall 

forward a copy of the proposed changes to the Board and shall post notice of the 

proposed changes, at a minimum, on its website. Such notice shall set forth the 

proposed changes and the process and deadlines for submitting comments. The 

Commission shall compile all comments received and submit them, along with 

the proposed changes, to the CBC. The CBC shall provide due consideration to 

all comments received from persons and/or entities affected by the proposed 

changes. 

Section 311. Confidentiality of Commission Records

(A) The Commission shall ensure that all records and information obtained as a 

result of an investigation or other function shall be deemed Confidential 

Information and treated in accordance with Section 112 of this Ordinance. 

(B) Confidential Information obtained during the course of an investigation may be 

disclosed to Directors and Executive Management. This Confidential 

Information may also be disclosed to relevant human resource personnel on a 

need-to-know basis solely for actions taken in their official capacities. 

(C) The identity of persons interviewed in the course of conducting a background 

investigation shall be Confidential Information. 

(D) The prohibitions of this Section do not apply to: 
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(1) Requests for Confidential Information from Tribal, Federal, or State law 

enforcement or regulatory agency with jurisdiction over the Nation’s 

Gaming provided that the Commission receives a request in writing and 

reasonable assurances as to the continuing confidentiality of the 

information disclosed; 

(2) The Commission’s statutory duty to provide Confidential Information to 

a Tribal, Federal, or State law enforcement or regulatory agency; or 

(3) The use of Confidential Information or records by the Commission and 

staff, solely in the performance of their official duties. 

Section 312. Appointment of Commissioner

(A) For any vacancy on the Commission, the Chairman of the Comanche Nation 

shall call for resumes from candidates. 

(B) The CBC shall review resumes received and shall choose from among them a 

person meeting the qualifications of this Ordinance. 

(C) The CBC shall confirm such appointment by resolution. 

(D) Each Commissioner shall be designated as Commissioner 1, Commissioner 2, 

Commissioner 3, or Alternate Commissioner. 

Section 313. Commissioner Terms 

(A) Terms of Office for Commissioners shall be three (3) years and each staggered 

by one year to result in the appointment of one (1) Commissioner per year, 

except that the term of the Alternate Commissioner shall coincide with 

Commissioner 3. A Commissioner may be re-appointed by the CBC without 

limitation on the number of terms. 

Section 314. Commissioner Eligibility

The Nation recognizes the importance of an independent Commission in the fair regulation 

of Gaming and the need to avoid potential conflicts of interest in the operation and 

regulation of the Gaming Facilities. The Nation hereby finds that the following persons, at 

a minimum, are not eligible to serve as a Commissioner: 

(A) Members of the CBC, Board of Directors, or a Primary Management Official of 

a direct competitor to the Nation’s Gaming Facilities; 

(B) Persons having a financial interest in a contract to which the Board of Directors, 

the Commission, or a Gaming Facility are a party; 

(C) Persons directly related to or sharing a residence with any of the above; 

(D) Employees of the Commission, the Board, Gaming Facilities, or Related 

Enterprises, while employed as such; and 

(E) Persons ineligible to be licensed as Key Employees or Primary Management 

Officials. 
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Section 315. Removal of Commissioner

The independence of the Commission is essential to the well-regulated conduct of Gaming. 

For this reason: 

(A) A Commissioner may only be removed from office by the CBC prior to the 

expiration of his/her respective term for neglect of duty, misconduct, 

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

his/her position. 

(B) When the CBC believes that a removal is appropriate, it shall notify the 

Commissioner, in writing, setting forth the grounds for such removal and the 

date, time, and place of the hearing on the matter, providing the Commissioner 

at least three (3) days’ advance notice. 

(C) The CBC may opt to preliminarily remove a Commissioner pending the hearing. 

(D) Any allegations of neglect of duty, misconduct, malfeasance, or other acts that 

would render him/her unqualified for his/her position must be substantiated by a 

preponderance of the evidence. 

(E) At the hearing, such Commissioner will be given an opportunity to provide 

evidence rebutting the grounds for his/her proposed removal before the removal 

is voted upon. 

(F) A vote of the CBC on the appropriateness of removal shall be final and not 

subject to further appeal. 

(G) A finding by the CBC that a preliminary removal was wrongful shall entitle the 

affected Commissioner to compensation for expenses incurred in an appeal and 

any compensation withheld. 

(H) The unexpired term of a Commissioner removed under this Section shall be 

filled in accordance with this Ordinance. 

Section 316. Commissioner Compensation

(A) Commissioners shall be compensated at a level determined by the CBC. 

(B) Commissioner compensation shall not be based on a percentage of Gaming 

revenue to ensure the Commissioners are not improperly influenced. 

(C) Commissioners shall not be considered employees of the Nation, the 

Commission, or a Gaming Facility for any purpose and shall carry out the 

responsibilities of their terms on a part-time periodic basis. 

Section 317. Commissioner Meetings

(A) The Commissioners shall hold regular meetings monthly and special meetings or 

hearings as needed. 

(B) The Commission shall keep a written record of all Commissioner meetings and 

hearings and make such records available to the CBC upon request. 
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Section 318. Commission Reports 

The Commission shall make reports, at least monthly, to the CBC summarizing the 

Commission’s activities. Upon request, compliance reports shall be provided to the Board 

of Directors. 

Section 319. Commission Budget

(A) The Commission shall develop annually, prior to the beginning of each fiscal 

year, a budget for its operations, including personnel costs, capital expenditures, 

and equipment upgrades. This budget shall include a projection of fees expected 

to be collected over the year. Surplus cash reserves at the end of the fiscal year 

shall be included in the following year’s budget. 

(B) The Commission shall submit said proposed budget to the CBC for approval by 

resolution. 

(C) The Commission may obtain such furnishings, equipment, supplies, stationery, 

subscriptions, employees, and services as it deems necessary or desirable to 

carry out its functions within the limit of the budgeted funds approved by the 

CBC pursuant to this Section. 

Section 320. Commission Annual Audit

(A) The Nation, through the Commission, shall cause to be conducted an annual 

outside independent audit of the Commission’s operations, which may be 

encompassed within existing independent audit systems of the Nation. The 

resulting audit reports shall be submitted to the CBC within 120 days from the 

close of the fiscal year. 

Section 321. Patron Dispute Resolution

(A) The CBC shall approve regulations, with input from the Board of Directors and 

the Commission, governing the procedures for resolving Patron tort claims and 

prize claims against the Gaming Facilities, its employees, or Management 

Contractor. 

(B) Such procedures shall at a minimum be consistent with any applicable legal 

requirements. 

(C) The maximum amount of damages payable for any tort claim for personal injury 

or property damage shall be limited to the amount of liability insurance coverage 

maintained by the Gaming Facility which shall, at a minimum, be consistent 

with any applicable Compact requirements. 

(D) The maximum amount payable for any prize claim shall be the amount of the 

prize which the claimant establishes he/she was entitled to be awarded and shall 

not exceed the maximum payout available for that particular Game. 

Sections 322-329 RESERVED.
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Section 330. Office of Executive Director Established

There is established the position of Executive Director of the Commission because effective 

operation of a Commission requires active supervision on a daily basis, and also requires 

that fair regulation should be separated from the daily management and activities of a 

Commission workforce. 

Section 331. Appointment of Executive Director

The Commissioners shall hire and direct an Executive Director of the Commission to 

oversee and manage the day-to-day operations and employees of the Commission, and who 

shall serve as an at-will, full-time employee of the Commission. 

Section 332. Removal of Executive Director

The Commissioners shall have the authority to remove the Executive Director at their 

discretion upon a majority vote of the Commissioners at a meeting duly convened for such 

purpose; a decision to remove the Executive Director shall be final and not subject to 

further appeal to the Board of Review or any other venue. 

Section 333. Duties of Executive Director

The Executive Director shall have the following duties: 

(A) Management of the Commission budget; 

(B) Development of regulations, rules, standards, and procedures necessary for the 

effective regulation of the Nation’s Gaming; 

(C) Implementation of Commission-approved policies and procedures and annual 

operating budget; 

(D) Direct supervisory authority over all employees of the Commission; 

(E) Organize the Commission staff and functions to carry out its duties efficiently 

and effectively; 

(F) Commission employee scheduling; 

(G) Execution of approved Commission policy and procedure; 

(H) Enforcement of this Ordinance and CBC-approved regulations, including but not 

limited to: 

(1) Conduct appropriate background investigations of Primary Management 

Officials, Key Employees, and other persons required to be licensed; 

(2) Report results of background investigations, as required, to the NIGC; 

(3) Obtain and process fingerprints, or designate a law enforcement agency 

to obtain and process fingerprints; 

(4) Make licensing eligibility determinations and issue tiered Gaming 

licenses for Gaming Employees, Gaming Vendors, and others whose 

licensure is required; 

(5) Issue Gaming Vendor licenses by reciprocity to applicants that are 

currently licensed by trustworthy regulatory authorities; 
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(6) Register or issue permits to employees of the Board, employees of 

Gaming Facilities, vendors, and others requiring registration or 

permitting; 

(7) Issue Gaming Facility licenses; 

(8) Assess and collect fees related to the processing of applications for 

permits, registration, and licensure, as applicable, of employees of the 

Board, employees of Gaming Facilities, employees of the Commission, 

and vendors; 

(9) Assess fines, as applicable, related to enforcement actions for violations 

of this Ordinance or any other applicable Gaming laws and regulations; 

all fines assessed shall be paid directly to the Comanche Nation Tax 

Commission; 

(10) Inspect, examine and monitor all Gaming Activities to ensure 

compliance with applicable Gaming laws and regulations; 

(a) In order to carry out this regulatory duty, authorized staff of the 

Commission shall have unrestricted access to all areas and 

records of the Board and the Gaming Facilities, during the 

regular business hours of the Board and each Gaming Facility, 

and may review, inspect, examine, photocopy and audit such 

records; provided however, every reasonable effort shall be 

made to avoid unnecessary disruptions to the Nation’s Gaming 

Activities; 

(11) Perform the internal audit of all major Gaming areas of the Nation’s 

Gaming Facilities; 

(12) Investigate any suspicion of wrongdoing associated with any Gaming 

Activity; 

(13) Establish a list of persons not allowed to Game in the Nation’s Gaming 

Facilities or allowed to hold a Gaming license in order to maintain the 

integrity of the Gaming; 

(14) Establish and maintain a list of persons who have voluntarily asked to 

be excluded from the Nation’s Gaming Facilities; 

(15) Provide referrals and information to the appropriate law enforcement 

officials when such information indicates a violation of Tribal, Federal, 

or State statutes; 

(16) Review, solely for compliance with this Ordinance and other applicable 

Gaming laws and regulations, the following items and activities of the 

Board and Gaming Facilities if such item or activity is directly related to 

Gaming or a Gaming Activity: 

• contracts; 

• policies and procedures; 

• promotions planned by Gaming Facilities; 

• implementation, maintenance, and removal of software 

systems, servers, and slot management systems; 

• installation, maintenance, and removal of gaming devices; 

(a) The foregoing shall not be revised by the Commission and shall 

only be approved or denied; 
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(b) If denied, documentation shall be provided to the Board that sets 

forth the section(s) and language of the submitted item or 

process that is(are) non-compliant and the applicable section(s) 

of law(s) or regulation(s) with which the item or process does 

not comply; 

(I) Delegate other duties, as needed, to Commission staff; and 

(J) Other non-adjudicatory duties as assigned or delegated by the Commissioners. 

Section 334. Executive Director License

The candidate for the position of Executive Director must satisfy the eligibility standards 

set forth for Key Employees and Primary Management Officials, found in Part 400 of this 

Ordinance, and regulations promulgated hereunder, and must be licensed accordingly in 

order to retain the position. 

Section 335. Qualifications of Executive Director

The Executive Director shall be subject to the same qualification requirements outlined in 

Section 305 of this Ordinance for the Commissioners, except that the Executive Director 

shall have a minimum of five (5) years’ work experience in the management, compliance, 

or regulation of a business in a highly-regulated industry. 

Section 336. Compensation of Executive Director

The Executive Director shall be compensated at a level determined by the Commissioners 

and such compensation shall not be based on a percentage of Gaming revenue. 

Section 337. Eligibility of Executive Director

The Executive Director shall be subject to the same eligibility requirements that are 

imposed on the Commissioners, as found in Section 314 of this Ordinance. 

Sections 338-399 RESERVED.

 
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PART 400. LICENSING

Section 401. Employee Licenses

(A) The Nation, through the Commission, shall ensure that the requirements set 

forth in this Ordinance are implemented with respect to Key Employees and 

Primary Management Officials and any other persons required by this Ordinance 

to have a Gaming license. 

(B) The Nation, through the Commission, shall issue licenses and perform 

background investigations for Key Employees and Primary Management 

Officials according to requirements at least as stringent as 25 C.F.R. Parts 556 

and 558. 

(C) Key Employees and Primary Management Officials must have a Gaming license 

issued by the Commission and shall not be employed if such person has not been 

issued a fully-approved Gaming license within ninety (90) days of beginning 

work. 

(D) The Commission shall promulgate regulations and standards that have been 

approved by the CBC concerning the licensing, tiered licensing, and permitting 

of Gaming Employees. 

Section 402. License Application Forms

(A) The following notices shall be placed on the Nation’s Gaming license 

application form for a Key Employee or a Primary Management Official before 

it is filled out by an applicant: 

(1) 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 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 Commission and the National Indian 

Gaming Commission (NIGC) members and staff who have need for the 

information in the performance of their official duties. The information 

may be disclosed by the Nation 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. 

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

However, failure to supply a SSN may result in errors in processing your 

application. 

(3) 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, 
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you may be punished by fine or imprisonment. (U.S. Code, title 18, 

section 1001). 

(B) Any existing Key Employees and Primary Management Officials who have not 

yet done so shall be notified in writing by the Commission of the need to sign a 

statement acknowledging receipt of the notices required by 25 C.F.R. Part 556 

and consent to the routine uses described in the notices. 

(C) License Applications shall also contain a notice of consent to the jurisdiction of 

the Commission and the Tribal Court as follows, with a separate signature line 

immediately below such notice for the applicant to accept such jurisdiction: 

(1) Acceptance of a Commission-issued license by an employee or vendor 

shall constitute acceptance by that individual or entity of the jurisdiction 

of the Comanche Nation Gaming Commission and the Court of Indian 

Offenses for the Comanche Nation, operated by the Anadarko Agency, 

Bureau of Indian Affairs on its behalf, or any successor court, for all 

licensure actions and any violations of such licensure or this Ordinance. 

Section 403. Fingerprints

(A) The Commission shall require fingerprints as part of the license application 

procedure for each Key Employee, Primary Management Official, or other 

person required to obtain such level of Gaming license. 

(B) Fingerprints shall be forwarded to the NIGC or a designated law enforcement 

agency for processing through the Federal Bureau of Investigation and the 

National Criminal Information Center to determine the applicant’s criminal 

history, if any. 

Section 404. Background Investigations

(A) The Commission is responsible for conducting background investigations for 

each Primary Management Official and Key Employee that is sufficient to allow 

the Commission to make an eligibility determination in accordance with Section 

405 of this Ordinance. 

(B) The Commission shall obtain from each Primary Management Official and from 

each Key Employee or other person required to obtain such level of Gaming 

license all of the following information: 

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

birth date, place of birth, citizenship, gender and all languages spoken 

and/or written; 

(2) Currently, and for the previous five (5) years, business and employment 

positions held, ownership interests in those businesses, business and 

residential addresses, and drivers’ license numbers; 

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

including one (1) personal reference who was acquainted with the 

applicant during each period of residence listed under paragraph (B)(2) 

of this Section; 

(4) Current business and residential telephone numbers, and all cell phone 
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numbers; 

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

Indian tribes, including any ownership interests in those businesses; 

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

the Gaming industry generally, including ownership interests in those 

businesses; 

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

the person has filed an application for a license or permit related to 

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

(8) 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 disposition, if any, and date of disposition; 

(9) For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traffic violations), within ten (10) years of the date of 

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

disposition, if any, and date of disposition; 

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

not there is a conviction, if such criminal charge is within ten (10) years 

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

paragraph (B)(8) or (B)(9) of this Section, the criminal charge, the name 

and address of the court involved, and the disposition, if any, and date of 

disposition; 

(11) 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; 

(12) A photograph taken within a year of the date of application; 

(13) Fingerprints obtained in accordance with CBC-approved procedures 

required by 25 C.F.R. § 522.2(h); and 

(14) Any other information required by the CBC-approved procedures for 

background investigations of Primary Management Officials and Key 

Employees. 

(C) The identity of persons interviewed in the course of conducting a background 

investigation shall be Confidential Information. 

(D) The Commission shall create and maintain an investigative report for each 

background investigation of a Primary Management Official or Key Employee. 

The investigative report must be created prior to issuing a Gaming license to a 

Primary Management Official or a Key Employee and shall include all of the 

following information: 

(1) Steps taken in conducting the investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

(4) The basis for those conclusions. 

Section 405. Gaming License Eligibility Determination 

(A) Before a Gaming license is issued to a Primary Management Official or a Key 
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Employee, the Commission shall make a finding concerning the eligibility of 

that person for receiving such a license, according to CBC-approved eligibility 

standards, by reviewing that person’s prior activities, criminal record, if any, and 

reputation, habits, and associations. 

(B) If the Commission, in applying the CBC-approved eligibility standards, 

determines that licensing that person poses a threat to the public interest or to the 

effective regulation of Gaming, or creates or enhances the dangers of unsuitable, 

unfair or illegal practices, methods, and/or activities in the conduct of Gaming, 

the Commission shall not license that person as a Key Employee or Primary 

Management Official. 

(C) Copies of the eligibility determination shall be included with the notice of 

results that must be submitted to the NIGC before the licensing of a Primary 

Management Official or Key Employee. 

Section 406. Report to the NIGC

(A) Before issuing a Gaming 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. The notice of results must be 

submitted to the NIGC no later than sixty (60) days after the applicant begins 

working. The notice of results shall include all of the following: 

(1) The applicant’s name, date of birth, and social security number; 

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

Primary Management Official or Key Employee; 

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

including: 

(a) licenses that have previously been denied; 

(b) Gaming licenses that have been revoked, even if subsequently 

reinstated; 

(c) every known criminal charge brought against the applicant 

within the last 10 years of the date of the application; 

(d) every felony offense of which the applicant has been convicted 

or any ongoing prosecution; and 

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

405 of this Ordinance. 

Section 407. Granting an Individual Gaming License

(A) 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 NIGC, as required by Section 406 of this Ordinance. The 

Commission must notify the NIGC of the issuance of a license to a Primary 

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

(B) If, within the thirty (30) day period following NIGC’s receipt of the notice of 

results required by Section 406 of this Ordinance, the Commission receives from 

the NIGC a statement of itemized objections to the issuance of a license to a 
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Primary Management Official or Key Employee, the Commission must 

reconsider that application. The Commission must take into account the NIGC’s 

objections; however, the Commission shall make the final decision whether to 

issue a license to that applicant for a Primary Management Official of Key 

Employee Gaming license. 

(C) If the Commission has issued a license to a Primary Management Official or 

Key Employee before receiving the NIGC’s statement of objections, written 

notice and a hearing shall be provided to the licensee, as required by Sections 

411 and 412 of this Ordinance. 

Section 408. Licenses for Vendors

(A) The Commissioners shall promulgate CBC-approved regulations governing the 

tiered licensing of Gaming Vendors with no less than the following tiers: 

(1) Gaming Vendors that provide goods or services valued at $25,000 or 

more annually; 

(2) Gaming Vendors that provide goods or services valued at less than 

$25,000 annually. 

(B) The Commissioners shall promulgate CBC-approved regulations governing the 

registration of Non-Gaming Vendors. 

(C) Such regulations shall set forth the process and the eligibility standards for the 

licensing and background investigation of vendors that must be licensed and the 

process for the registration of vendors that do not need to be licensed. The 

process for each tier of licensure shall be commensurate with the ability of the 

vendor to impact the integrity of Gaming. 

(D) The following types of vendors shall be exempt from the licensing and 

background investigation process: 

(1) Tribal, local, state, or federal governments and associated agencies; 

(2) Businesses and companies owned and/or chartered by the Nation; 

(3) Sponsorships or charitable organizations; 

(4) Public Utilities; 

(5) Vendors that are regulated by a state or the federal government; 

(6) Entertainment in the form of single event contracts; 

(7) Restaurants and caterers; 

(8) Insurance companies; 

(9) Travel companies; 

(10) Commercial transportation companies; 

(11) Fleet service providers; 

(12) Attorneys, accountants, and other professionals providing services 

covered by their respective professional license; 

(13) Vendors licensed by regulatory authorities recognized as trustworthy; 

(14) Publishers of newspapers, magazines, journals, periodicals, and other 

print media for routine subscriptions, provided that licensure shall be 

required if the services of such publisher are secured to publish tickets, 

coupons, or other instruments that may be used or redeemed for value 

for gaming activities in the Nation’s gaming facilities; 
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(15) Television, radio, and other media companies, unless such entity is to 

publish, provide, or distribute tickets, coupons, or other instruments that 

may be used or redeemed for value for gaming activities in the Nation’s 

gaming facilities; 

(16) Providers of training and/or educational services if such provider is 

affiliated with an educational institution, professional association, notfor-profit organizational institution, tribal, federal, or state agency, or 

other public institution; 

(17) Federally- or state-chartered financial institutions; 

(18) Providers of medical equipment, supplies, and/or services; and 

(19) Any other vendor that provides goods or services of insubstantial or 

insignificant amounts or quantities and that shall not pose a threat to the 

public interest if they are not licensed. 

Section 409. Gaming Facility Licenses

(A) The Commission shall issue a separate license to each Gaming Facility once 

every three (3) years. 

(B) The Commission shall specify the form, conditions, and content for the 

application for Gaming Facility licenses, which shall be submitted by the Board 

of Directors, and the initial application shall include: 

(1) a legal description of the lands whereon the facility is located and a 

certification that said premises constitute Indian lands as specified in 

IGRA; and 

(2) a provision identifying the environmental, health, and public safety 

standards with which the facility must comply, and a certification that 

the facility is in compliance therewith. 

(C) Each subsequent application for the renewal of a Gaming Facility license shall 

identify any changes or additions to said legal description and applicable 

environmental, health, and safety standards, and shall include current 

certifications of compliance therewith. 

(D) The Commission shall only issue a Gaming Facility license if the application 

includes the required information and certifications and such further conditions 

as specified in the applicable regulations. 

Section 410. License Ineligibility

(A) Any person or entity determined ineligible for a Gaming license shall be 

afforded the opportunity for a hearing, in accordance with applicable law and 

regulations, prior to the Commission making a final determination on license 

eligibility. 

(B) After a hearing, the Commissioners shall issue a written determination whether 

the applicant is eligible for a Gaming license. 

(C) The Commissioners’ eligibility determination shall be considered a final 

determination. 

(D) If the Commission decides not to issue a Key Employee or Primary 
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Management Official license to an applicant, the Commission shall: 

(1) Notify the applicant of the basis for such denial; 

(2) Notify the Board of Directors of such denial; and 

(3) Notify the NIGC of the denial and 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 

Records System after the expiration of any waived appeal process or 

after the conclusion of an unsuccessful appeal process. 

Section 411. License Suspensions and Revocations

(A) If, after a license is issued to a Primary Management Official or a Key 

Employee, the Commission receives notice from the NIGC that the Primary 

Management Official or Key Employee is not eligible for licensing and 

employment, the Commission shall: 

(1) Immediately suspend the license; 

(2) Provide written notice of the suspension and proposed revocation to the 

licensee and the Board’s and employing Gaming Facility’s designated 

agents for such notices; 

(3) Provide written notice of a time and place for a hearing on the proposed 

revocation of the license to the licensee and the Board’s and employing 

Gaming Facility’s designated agents; 

(4) Conduct the hearing in accordance with Section 412 of this Ordinance 

and applicable regulations; and 

(5) Notify the NIGC of its decision to revoke or reinstate a license within 

forty-five (45) days of receipt of notice from the NIGC that the person is 

not eligible for licensing and employment as a Primary Management 

Official or Key Employee. 

(B) If, after the issuance of any Gaming license, the Commission receives or 

discovers reliable information indicating that any licensed employee, official, or 

vendor may no longer meet the applicable eligibility standards to retain such 

license, the Commission shall immediately notify the licensee and the Board’s 

and employing Gaming Facility’s designated agents for such notices, in writing, 

of the proposed suspension of such license and shall afford the licensee an 

opportunity for a hearing, conducted in accordance with Section 412 of this 

Ordinance and applicable regulations, prior to taking any action suspending or 

limiting such license. 

(C) The Commission may temporarily suspend a license without a hearing for up to 

fifteen (15) days in those cases where such extraordinary action is essential to 

protect the public safety or the integrity of Gaming and such action shall be 

taken only in those emergency cases where there is a clear need for these 

extraordinary measures. Such licensee shall be provided an opportunity for a 

hearing before an emergency suspension is extended. 

(D) A license suspension shall be effective only upon a specific order issued by the 

Commission to the licensee, the Board, and the employing Gaming Facility. A 

license shall not be suspended for more than sixty (60) days. If the Commission 
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does not fully reinstate the license or set a hearing on the revocation or 

conditional reinstatement of the license within sixty (60) days of the initial 

suspension, such suspension shall be considered a final determination and 

subject to appeal. 

Section 412. License Hearing

(A) The Commission shall set a hearing on a proposed suspension, revocation or 

conditional reinstatement of a license in accordance with regulations approved 

by the CBC and promulgated hereunder and shall notify the licensee and the 

Board’s and employing Gaming Facility’s designated agents for such notices, in 

writing, of a time and a place for such hearing. 

(B) No more than seven (7) days after a licensing hearing, the Commissioners shall 

issue a final written determination to revoke or to reinstate the license, with or 

without conditions, and shall forward such determination to the licensee, the 

Board of Directors, the employing Gaming Facility, and, if required, the NIGC. 

(C) The right to a revocation hearing vests when a Gaming license is granted 

pursuant to this Ordinance, once the Ordinance has been approved by the NIGC. 

Section 413. Retention of License Records

The Commission shall retain, for no less than three (3) years from the date of termination of 

employment, the following documentation for each Primary Management Official and Key 

Employee: 

(A) Application for licensing (including all information required by Section 404(B) 

of this Ordinance); 

(B) Investigative report (including all information required by Section 404(D) of 

this Ordinance); and 

(C) Eligibility determination. 

Sections 414 – 499 RESERVED 
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PART 500. ETHICS

Section 501. Standards for Directors and Commissioners

The Nation recognizes that the duties of the Directors and the Commissioners include 

making important decisions on highly sensitive, pecuniary, and sometimes controversial 

issues, and as such, the Nation has determined that the Directors and the Commissioners 

shall be held to extremely high ethical standards. 

Section 502. Guiding Principles of Ethical Conduct

Prior to taking their positions as Directors or Commissioners, each shall agree to be bound 

by the following principles: 

(A) No Director or Commissioner shall use or attempt to use, any actual or apparent 

authority of their position or office, which places or could reasonably be 

perceived as placing their financial interests, or the financial interests of a family 

member, or any other business interest with which they are associated, before 

the best interests of the Comanche Nation. 

(B) The Directors and Commissioners are operating with the paramount goal of 

carrying out the best interest of the Comanche Nation. 

(C) It is the intent of this Part, that Directors and Commissioners avoid any action, 

whether or not specifically prohibited herein, which could result in, or create an 

appearance of: 

(1) Using their office for private gain; 

(2) Giving improper preferential treatment to any person or business; 

(3) Compromising the complete independence or impartiality of their

actions; 

(4) Making a decision outside of the scope of his or her official duties and 

capacity that interferes with, as a Commissioner, the conduct of Gaming, 

or as a Director, the actions of the Commission; or 

(5) Adversely affecting the confidence of the Comanche Nation members in 

the integrity of Gaming or the Commission. 

(D) No Director or Commissioner shall use or disclose Confidential Information 

gained in the course of, or by reason of, their official position or duties to 

unauthorized persons or entities, or to further the financial interest or personal 

interest of any entity or person other than the Nation. 

(E) A Director or Commissioner desiring to take employment under the supervision 

of either body must resign his/her position prior to applying for such 

employment. 

(F) No Director or Commissioner may serve in an operational or policymaking 

capacity with a tribal Gaming organization of another tribe. 

Section 503. Prohibited Complimentary Items

(A) The use of complimentary items shall be governed by regulations approved by 
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the CBC and promulgated by the Commission. 

(B) No Key Employee, Primary Management Official, CBC member, Director, 

Commissioner, Commission employee, or any person directly related to or 

sharing a residence with such persons, shall accept complimentary items except 

those that are: 

(1) Valued at twenty-five dollars ($25) or less; 

(2) Offered to the general public at a public event held at a Gaming Facility; 

(3) Ceremonial gifts; or 

(4) Traditionally or customarily offered by the Nation to such officials. 

(C) Complimentary items shall be included in each Gaming Facility’s annual budget 

with maximum limits specified. 

Section 504. Gambling Prohibited

All Directors, all Commissioners, and those employees of the Board and the Commission 

that hold licenses for all Gaming Facilities are prohibited from gambling in any of the 

Nation’s Gaming Facilities. Gaming Facility employees may gamble in the Nation’s 

Gaming Facilities at which they are not directly employed or for which they do not hold a 

license. 

Section 505. Consequences of Ethical Violations

Violations of this Part shall constitute just cause for removal as a Director or Commissioner 

or adverse action against an employee. 

Sections 506 – 599 RESERVED 
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PART 600. BOARD OF REVIEW FOR EMPLOYEE DISPUTES

Section 601. Board of Review Established

The Nation has determined that, in order to adhere to adopted personnel policies and 

procedures and to provide a fair process, there shall be established an Employee Board of 

Review that shall serve as the final review body for disputes by any employee of the Board 

of Directors, a Gaming Facility or Related Enterprise, or the Commission, except those 

employees specifically excluded by this Ordinance, for appealable adverse employment 

actions taken pursuant to the applicable personnel policy. 

Section 602. Authorized Disputes

For purposes of this Part, disputes subject to appeal to the Board of Review shall include 

only such disagreements with Executive Management, Gaming Facility management, 

Related Enterprise management, or Commission management concerning adverse 

employment actions for which the applicable personnel policy provides a right of appeal, 

but does not include those adverse employment actions taken based on the Commission’s 

licensing actions. 

Section 603. Composition

The Board of Review shall consist of five (5) members comprised of one member from the 

CBC, one Commission employee with management responsibilities and one Commission 

employee without management responsibilities, one Gaming Facility or Related Enterprise 

employee with management responsibilities, and one Gaming Facility or Related Enterprise 

employee without management responsibilities. 

Section 604. Selection

(A) The CBC shall select one committeeman to serve as an ex-officio member of the 

Board of Review and designate them as such by CBC resolution. The CBCrepresentative to the Board of Review shall not vote in any decision rendered by 

the Board of Review except to break a tie vote. 

(B) The employees representing the Commission shall be elected from their 

representative groups in accordance with procedures adopted by the Board of 

Review. 

(C) The employees representing the Gaming Facilities or Related Enterprises shall 

be elected from their representative groups in accordance with procedures 

adopted by the Board of Review. 

Section 605. Terms

(A) Board of Review members shall serve three (3) year terms and may be reappointed by the CBC without limitation on the number of terms served. 

(B) Board of Review members shall serve until his/her successor is duly appointed 
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and qualified unless removed in accordance with this Part prior the expiration of 

his/her term. 

Section 606. License

A member of the Board of Review shall be subject to a background check and licensure, as 

set forth in regulations promulgated under this Part and approved by the CBC, and must be 

licensed accordingly prior to taking office and in order to retain office. 

Section 607. Compensation

(A) The Board of Review members who are employed by a Gaming Facility or 

Related Enterprise or the Commission shall receive their normal rate of pay for 

the time they participate in meetings and hearings and shall also be compensated 

at a rate set by the CBC per meeting or hearing in recognition of the additional 

duties and responsibilities the employee is undertaking. 

(B) Board of Review members not employed by a Gaming Facility, Related 

Enterprise, or the Commission shall be compensated at a rate set by the CBC per 

meeting or hearing. 

(C) All Board of Review members shall be reimbursed for actual costs incurred 

during the scope of his/her duties as a member of the Board of Review. 

Section 608. Operational Costs and Administrative Assistance

(A) Costs for the operation of the Board of Review shall be shared on a pro rata

basis by the Commission, the Board of Directors, each Gaming Facility, and 

Related Enterprise. 

(B) The Commission shall provide administrative assistance to the Board of Review. 

Section 609. Regulations

The Board of Review shall promulgate regulations related to Board of Review requirements 

and procedures that have been approved by the CBC, provide due process for all parties, 

and are not inconsistent with this Part. 

Section 610. Organization

(A) The Board of Review members shall elect a Chair from among them, whose 

duty it shall be to preside over all meetings and hearings. 

(B) In addition, the members shall elect a Vice-Chair who shall be the custodian of 

any evidence submitted, and who shall preside in the Chair’s absence. 
Page 40 of 40 COMANCHE NATION GAMING CODE 

AS REVISED, CODIFIED, AND AMENDED THROUGH [Date of NIGC 

Approval] 

Section 611. Meetings and Hearings

The Board of Review shall meet monthly, if needed, to conduct its business and to hear 

disputes, and shall keep official records of the meetings and hearings. 

Section 612. Decisions

No later than seven (7) calendar days following a hearing on an employee dispute, the 

Board of Review shall issue its decision in writing which shall be final when issued. 

Section 613. Removal

(A) No Board of Review member shall be removed prior to the end of his/her term 

without cause. 

(B) Removal shall be effectuated by a majority vote of the entire Board of Review, 

which shall be a final decision. 

Section 614. Recusal

A Board of Review member shall not review or participate in any dispute in which the 

member has an actual or a perceived conflict of interest. Indicators of a conflict of interest 

include but are not limited to disputes (i) affecting the member or any person directly 

related to the member, (ii) for which the member could be called as a witness, or (iii) the 

member took part in the decision-making process, in any way, that led to the adverse 

employment action being appealed.