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January 31, 2022

Via Email 

Chairman Mark Woommavovah

Comanche Nation

PO Box 908

Lawton, Oklahoma 73502

RE: Comanche Nation Tribal Gaming Ordinance Amendments, Resolution 160-2021

Dear Chairman Woommavovah:

This letter responds to your request on behalf of the Comanche Nation for the National Indian 

Gaming Commission (NIGC) to review and approve the Nation’s amendments to its gaming 

ordinance. The amendments were adopted by the Comanche Nation in Resolution 160-2021. The 

amendments decrease the overall number of Comanche Gaming Commissioners from three (3)

members to one (1) member. 

These amendments are approved as they are consistent with the requirements of the Indian 

Gaming Regulatory Act and NIGC regulations. If you have any questions or require anything 

further, please contact Staff Attorney Heather McMillan Nakai at (202) 527-5577 or 

heather_nakai@nigc.gov.

Sincerely,

E. Sequoyah Simermeyer

Chairman 

cc: Shannon Wilmeth, Executive Director of the Comanche Nation Gaming Commission;

 Forest Tahdooahnippah, Attorney

1

COMANCHE NATION GAMING ORDINANCE

AS REVISED, CODIFIED, AND AMENDED

THROUGH DECEMBER 4, 2021

(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 114-14, amendments approved by NIGC on 

January 9, 2015; amended by CBC Resolution No. 33-15, amendment approved byNIGC on June 19, 2015; amended byCBC

Resolution No. 79-17, amendment approved by NIGC on October 5, 2017; amendment by motion on July 7, 2018 and by 

CBC Resolution No. 143-18, amendment approved by NIGC on October 19, 2018; amended by CBC Resolution No. 36-19 

March 2, 2019, amendment approved by NIGC May 7, 2019; amended by CBC Resolution No. 102-19 July 6, 2019; 

amendment approved by NIGC October 16, 2019; amended by CBC Resolution No. 160-2021)
2

COMANCHE NATION GAMING ORDINANCE

Table of Contents

Part 100 GENERAL PROVISIONS ............................................................................................4

Section 101 Purpose.........................................................................................................................4

Section 102 Definitions....................................................................................................................4

Section 103 Gaming Authorized and Regulated..............................................................................7

Section 104 Ownership of Gaming..................................................................................................7

Section 105 Use of Net Gaming Revenues......................................................................................7

Section 106 Per Capita Payments....................................................................................................8

Section 107 Environment and Public Health and Safety.................................................................8

Section 108 Agent for Service of Process........................................................................................8

Section 109 Compliance with Federal Law.....................................................................................8

Section 110 Repealer .......................................................................................................................8

Section 111 Tribal Member Access to Financial Information.........................................................9

Section 112 Confidential Information .............................................................................................9

Section 113 Political Activity Prohibited ........................................................................................9

Part 200 COMANCHE NATION ENTERTAINMENT..........................................................10

Section 201 Comanche Nation Entertainment Created .................................................................10

Section 202 Office of CEO Established.........................................................................................10

Section 203 CEO Appointment, Term, and Compensation...........................................................10

Section 204 CEO License ..............................................................................................................10

Section 205 CEO Qualifications....................................................................................................11

Section 206 CEO Eligibility ..........................................................................................................11

Section 207 CEO’s Duties.............................................................................................................11

Section 208 CEO’s Contracting Limitations.................................................................................12

Section 209 Void Contracts...........................................................................................................13

Section 210 CEO Reports..............................................................................................................13

Section 211 CNE Budget...............................................................................................................13

Section 212 Distribution of Net Gaming Revenue ........................................................................13

Section 213 CNE Annual Audit.....................................................................................................13

Section 214 Removal of CEO........................................................................................................14

Part 300 COMANCHE NATION office of the gaming commissioner....................................15

Section 301 Office of the Gaming Commissioner Established .....................................................15

Section 302 Role of the Commissioner .........................................................................................15

Section 303 Commissioner License...............................................................................................15

Section 304 Commissioner Qualifications.....................................................................................16

Section 305 Commissioner’s Duties..............................................................................................16

Section 306 Hearings and Appeals................................................................................................18

Section 307 Commissioner Contracting Limitations.....................................................................20

Section 308 Void Contracts...........................................................................................................20

Section 309 CBC Review or Approval Needed.............................................................................20

Section 310 Confidentiality of Records.........................................................................................21

Section 311 Appointment of Commissioner..................................................................................21
Page 3 of 33

Section 312 Commissioner Terms.................................................................................................21

Section 313 Commissioner Eligibility...........................................................................................21

Section 314 Commissioner Compensation ....................................................................................22

Section 315 Commissioner Reports...............................................................................................22

Section 316 Office of the Gaming Commissioner Budget ............................................................22

Section 317 Annual Audit..............................................................................................................22

Section 318 Patron Dispute Resolution .........................................................................................23

Section 319 Removal of Commissioner ........................................................................................23

Part 400 LICENSING..................................................................................................................24

Section 401 Employee Licenses ....................................................................................................24

Section 402 License Application Forms........................................................................................24

Section 403 Licensing Fee .............................................................................................................25

Section 404 Fingerprints................................................................................................................25

Section 405 Background Investigations.........................................................................................25

Section 406 Gaming License Eligibility Determination................................................................26

Section 407 Report to the NIGC....................................................................................................27

Section 408 Granting an Individual Gaming License....................................................................27

Section 409 Licenses for Gaming Vendors ...................................................................................28

Section 410 Gaming Facility Licenses ..........................................................................................29

Section 411 License Ineligibility ...................................................................................................29

Section 412 License Suspensions and Revocations.......................................................................30

Section 413 License Hearing .........................................................................................................30

Section 414 Retention of License Records....................................................................................31

Part 500 ETHICS.........................................................................................................................32

Section 501 Standards for the CEO and Commissioner................................................................32

Section 502 Guiding Principles of Ethical Conduct ......................................................................32

Section 503 Prohibited Complimentary Items...............................................................................32

Section 504 Gambling Prohibited..................................................................................................33

Section 505 Consequences of Ethical Violations ..........................................................................33
4

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) CBC means the Comanche Business Committee.

(B) Chief Executive Officer (CEO) means the person appointed by the CBC to oversee 

and manage CNE

(C) 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.

(D) Class H 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.

(E) Class III Gaming means all forms of gaming that are not Class I or Class II, 

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;
Page 5 of 33

(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.

(F) Comanche Nation Entertainment (CNE) means the unincorporated entity whollyowned by the Nation composed of the Nation’s Gaming Facilities, Surveillance 

Department, and Related Enterprises.

(G) Commissioner means the person appointed by the CBC to oversee and manage the 

Office of the Gaming Commissioner,.

(H) 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).

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

Comanche Nation, CNE, and/or the Commissioner that may have a significant 

adverse impact on the Nation, CNE, the Commissioner, or any employees, Patrons, 

and/or Vendors of the foregoing entities 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.

(J) 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.

(K) 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.

(L) 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. Gaming Activity does not 

include commercial activity that is not directly related to Gaming, such as, but not 

limited to, hospitality services and retail activity.

(M) Gaming Employee means an employee of CNE or the Office of the Gaming 

Commissioner 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 

highly restricted.

(N) 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.

(O) Gaming Facility License is a separate license issued by the Commissioner to each 

Gaming Facility.

(P) 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 CNE or the Commissioner and 

such goods or services are directly related and unique to a Gaming Activity.

(Q) 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.
Page 6 of 33

(R) 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).

(S) 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 employees of the Office of the Gaming Commissioner;

(3) Any employee of CNE 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 Commissioner

designates by regulation as a Key Employee position.

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

(U) Nation means the Comanche Nation.

(V) 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 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.

(W) NIGC means National Indian Gaming Commission.

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

and services to the Commissioner or CNE 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.

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

for the purpose of playing Games located therein.

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

(AA) 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;
Page 7 of 33

(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.

(BB) Primary Management Official means:

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

Contract;

(2) Any person who is employed by CNE 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 Commissioner

designates by regulation as a Primary Management Official.

(CC) Related Enterprise, as used in this Ordinance, means any Non-Gaming enterprise 

managed and operated by CNE.

(DD) 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.

(EE) State means the State of Oklahoma.

(FF) Tribal Court means any 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.

(C) No person under the age of eighteen (18) years may participate in Gaming 

Activities.

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;
Page 8 of 33

(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 CNE and the 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.

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:

CEO, Comanche Nation Entertainment

302 NW Rogers Lane

Lawton, OK 73507;

and

Commissioner, Comanche Nation Office of the Gaming Commissioner

1915 East Gore Boulevard

Lawton, OK 73501.

Section 109 Compliance with Federal Law

The Nation, CNE, and the Commissioner 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.
Page 9 of 33

Section 111 Tribal Member Access to Financial Information

A copy of the annual outside independent audit, required by Sections 213 and 320 of this 

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

established procedures that protect proprietary data.

Section 112 Confidential Information

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

procedures by the Nation, CNE, and the Commissioner.

(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) The Commissioner and the CEO shall have the right to vote as they choose and to 

express their personal opinion on political subjects and candidates, but shall not, at 

any time, while holding the position of Commissioner or CEO:

(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 CEO, Commissioner, vendor, contractor, employee of CNE, or employee of the 

Office of the Gaming Commissioner 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 CEO, Commissioner, vendor, contractor, employee of CNE, or employee of the 

Office of the Gaming Commissioner 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 CNE or the Office of the Gaming 

Commissioner; or

(2) using any equipment or property of CNE or the Office of the Gaming 

Commissioner.

Sections 114 —199 RESERVED
10

PART 200 COMANCHE NATION ENTERTAINMENT

Section 201 Comanche Nation Entertainment Created

There is hereby established an unincorporated entity wholly-owned by the Nation, comprising the 

Nation’s Gaming Facilities, Surveillance Department, and Related Enterprises, and this entity shall 

be known as Comanche Nation Entertainment (CNE). CNE shall possess the same immunity 

and tax status of the Nation.

Section 202 Office of CEO Established

(A) CNE shall be led and managed by the Chief Executive Officer (CEO) because the 

effective operation of CNE requires active supervision by a qualified individual on 

a daily basis. The office of the CEO, including management and staff hired thereby, 

shall be an authorized Gaming-related operating expense for purposes of audit and 

determining Net Revenue, as - defined by IGRA, and for purposes of determining 

Net Gaming Revenue subject to distribution under the Nation’s RAP.

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

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

Contractor.

(C) The actions and duties of the CEO shall not violate applicable Gaming laws or 

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

Section 203 CEO Appointment, Term, and Compensation

(A) The CBC shall appoint the CEO to serve as a full-time employee of CNE pursuant 

to an employment agreement and the requirements established herein.

(B) If the CEO position is vacant, the Chairman of the Comanche Nation shall call for 

resumes from qualified candidates.

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

meeting the qualifications required herein.

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

(E) The CEO’s term shall be three (3) years and an individual may be reappointed by 

the CBC without limitation on the number of terms.

(F) The CEO shall be compensated at a level determined by the CBC and such 

compensation 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.

Section 204 CEO License

The CEO 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 must be licensed accordingly in order to qualify for and 

retain the position of CEO.
Page 11 of 33

Section 205 CEO Qualifications

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

Management Officials set forth in Commissioner regulations, to qualify for the position of CEO, 

an individual must possess:

(A) A degree in Business Administration, Accounting, Marketing, or an equivalent field; 

and

(B) Five (5) or more years’ work experience in the executive management of similarlysized business entities, which shall include at least two (2) years’ professional 

casino management experience.

Section 206 CEO Eligibility

The Nation recognizes the importance of an independent CEO in maintaining well-managed 

Gaming Facilities and Related Enterprises and the need to avoid potential conflicts of interest in 

the operation and regulation of such. The Nation hereby finds that, at a minimum, the following 

persons are not eligible to serve as the CEO:

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

direct competitor to the Nation’s Gaming Facilities, while serving as such;

(B) Persons having a financial interest in a contract to which the Nation, CNE or the 

Office of the Gaming Commissioner is a party;

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

(D) Employees of the Office of the Gaming Commissioner, while employed as such; 

and

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

Officials.

Section 207 CEO’s Duties

The CEO shall have the following duties:

(A) Hire, direct, and supervise CNE’s management team, which may include, but not be 

limited to, persons who perform the duties and functions normally associated with 

a chief operating officer, chief information officer, chief financial officer, chief 

legal officer, chief compliance officer, and general managers of the Gaming 

Facilities, Surveillance Department, and Related Enterprises, and indirectly 

supervise all CNE employees;

(B) Develop and implement policies and procedures for CNE 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 CNE in 

accordance with Section 211 of this Ordinance and implement and manage such 

budget;

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

Section 208 of this Ordinance, on behalf of CNE, the Gaming Facilities, and/or 
Page 12 of 33

Related Enterprises and monitor and ensure the performance of such contracts and 

other agreements;

(E) Adopt personnel policies governing the employees of CNE;

(F) Monitor and oversee CNE’s operations;

(G) Develop CNE’s organizational structure to enhance communication and optimize 

performance;

(H) Provide a copy of all Gaming-related contracts to the Commissioner 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 process;

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

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

(N) Other Gaming-related duties as assigned or delegated by the CBC; and

(O) Any other duties or powers not prohibited herein that the CEO determines are 

necessary to monitor and oversee the management of CNE.

Section 208 CEO’s Contracting Limitations

CBC approval, by resolution, is needed prior to the CEO 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 CNE arising only from acts or omissions of CNE 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 
Page 13 of 33

within the sole control of CNE, 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/or such other courts or 

arbitration deemed prudent by the CEO; provided that the courts of the State 

of Oklahoma shall not have jurisdiction over CNE or the Nation; and

(4) Expressly approved as to form by legal counsel for the CEO and legal counsel 

for the Nation.

Section 209 Void Contracts

Any contract or agreement 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 CEO Reports

The CEO shall meet with and make financial reports to the CBC monthly and as requested. The 

CEO will keep a written record of all meetings with the CBC and make such records available to 

the CBC upon request.

Section 211 CNE Budget

(A) The CEO 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 CNE’s 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 prior to the Nation’s fiscal year 

and shall be treated as highly confidential and proprietary.

(C) CNE 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 and in accordance with Section 208.

Section 212 Distribution of Net Gaming Revenue

The CEO shall determine and distribute quarterly to the Nation the Net Gaming Revenues 

generated by CNE in accordance with projected Net Gaming Revenue distributions in the manner 

directed by CBC resolution. Within forty-five (45) days of the end of CNE’s fiscal year, extra Net 

Gaming Revenues, if any, will be distributed in one lump sum to the Nation in the same manner 

as projected Net Gaming Revenue.

Section 213 CNE Annual Audit

(A) The CEO shall cause to be conducted an annual outside independent audit of CNE, 

which may be encompassed within existing independent audit systems of the 
Page 14 of 33

Nation. The resulting audit report(s) shall be submitted to the CBC, Commissioner, 

and NIGC within one hundred twenty (120) days from the close of the fiscal year.

(B) All 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.

Section 214 Removal of CEO

The CEO is not an at-will employee and may be removed from employment 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 CEO unqualified for his/her position.

Sections 215-299 RESERVED
15

PART 300 COMANCHE NATION OFFICE OF THE GAMING COMMISSIONER

Section 301 Office of the Gaming Commissioner Established

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

“Comanche Nation Gaming Commissioner” (hereinafter “Commissioner”)

whose duty is to regulate the Nation’s Gaming operations. The Commissioner is 

hereby designated the Tribal Compliance Agency under the Nation’s Compact with 

the State. 

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

maintaining well regulated Gaming. The Commissioner 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 

Commissioner shall be required or permitted except as otherwise explicitly 

provided in this Ordinance.

(C) The Commissioner shall serve in such capacity until his or her respective 

successor is duly appointed and qualified unless removed in accordance with this 

Ordinance prior to the expiration of a term. Upon removal of any Commissioner, 

the CBC shall appoint an interim Commissioner to discharge the duties of the 

Commissioner pending approval of a successor Commissioner. 

Section 302 Role of the Commissioner

(A) The purpose of the Office of the Gaming Commissioner is regulatory, not 

managerial, and therefore, the Commissioner shall not interfere with the 

management of the Nation’s Gaming operations except for citing violations of 

applicable Gaming laws and regulations to ensure compliance therewith.

(B) The Commissioner and CNE will work together to resolve regulatory issues

(C) Commissioner’s duties and responsibilities are limited and specific to ensure the fair 

and impartial consideration of all matters related to licensing and enforcement of 

compliance with Gaming laws and regulations. 

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

from investigating criminal activity within its jurisdiction.

Section 303 Commissioner License

The Commissioner 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.
Page 16 of 33

Section 304 Commissioner Qualifications

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

Management Officials, each candidate for Commissioner shall have a demonstrated knowledge of 

federal Indian law, IGRA, and related statutes and regulations and must meet the requirements of 

(A), (B), and (C) of this Section:

(A) A minimum of five (5) years’ work experience in the management, compliance, or 

regulation of a business in a highly-regulated industry, which shall include at least 

two (2) years’ work experience in Gaming.

(B) A high school diploma or a Bachelor’s degree in Business Administration, 

Management, Accounting, Marketing, Law, or another relevant field, with a 

preference given to candidates with a relevant degree or graduate degree; and at 

least one of the following:

(1) Demonstrated knowledge of licensing requirements for Gaming Facilities; or

(2) Demonstrated knowledge of compliance and audit requirements for Gaming 

Facilities.

(C) Be an enrolled member of the Comanche Nation. 

Section 305 Commissioner’s Duties

The Commissioner shall have the following duties:

(A) 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;

(B) 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 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 
Page 17 of 33

individual or vendor license, for violations of this Ordinance or any other 

applicable Gaming laws and regulations;

(a) Fines may be assessed against employees of CNE or employees of 

the Office of the Gaming Commissioner pursuant to the authority 

provided in the Indian Civil Rights Act of 1968 (as amended);

(5) A list of regulatory authorities that conduct background investigations of, and 

license vendors;

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

persons from the Nation’s Gaming Facilities;

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

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

(D) Ensure that the CNE annual audit under Section 213 of this Ordinance is secured;

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

Commissioner subject to the limitations set forth at Section 307 of this Ordinance;

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

personnel policies, that are applicable to the Office of the Gaming Commissioner

and its employees;

(G) Management of the budget of the Office of the Gaming Commissioner;

(H) Direct supervisory authority over all employees of the Office of the Gaming 

Commissioner;

(I) 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 or 

permitted;

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

(3) 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) Make permitting eligibility determinations and issue permits for NonGaming Employees, Non-Gaming Vendors, and others requiring a permit;

(6) May issue Gaming Vendor licenses by reciprocity to applicants that are 

currently licensed by trustworthy regulatory authorities;

(7) Issue permits, registration, and waivers to employees or vendors, if they meet 

requirements;

(8) Issue Gaming Facility licenses;

(9) Assess and collect fees related to the processing of applications for permits, 

registration, and licensure, as applicable, of employees of CNE, employees 

of the Office of the Gaming Commissioner, and vendors;

(10) 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;
Page 18 of 33

(11) In order to carry out the Commissioner’s regulatory duties, authorized staff 

of the Commissioner shall have unrestricted access to all areas and records 

of CNE, and may inspect, examine, and monitor all Gaming Activities and 

have immediate access to review, inspect, examine, photocopy and audit all 

records of the Gaming Facility; provided however, every reasonable effort 

shall be made to avoid unnecessary disruptions to the Nation’s Gaming 

Activities;

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

Facilities;

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

Activity, in accordance with Section 302(C);

(14) 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;

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

excluded from the Nation’s Gaming Facilities;

(16) Provide referrals and information to the appropriate law enforcement officials 

when such information indicates a violation of Tribal, Federal, or State 

statutes;

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

Gaming laws and regulations, the following items and activities of CNE 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 Commissioner and shall 

only be approved or denied;

(b) If denied, documentation shall be provided to CNE 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;

(J) Delegate other duties, as needed, to Commissioner staff; and

(K) Any other duties or powers not prohibited herein that the CBC determines are 

necessary to monitor and oversee the regulation of the Nation’s Gaming.

Section 306 Hearings and Appeals

(A) Tribal Court Jurisdiction 

(1) The Tribal Court shall have exclusive jurisdiction over hearings and appeals 

related to licensing and enforcement actions.
Page 19 of 33

(2) The Tribal Court shall give proper deference to the Commissioner’s 

interpretation of its regulations.

(3) The Tribal Court shall not set aside, modify, or remand any determination by 

the Commissioner unless it finds that such determination is:

(a) Arbitrary and capricious;

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

(c) Unsupported by substantial evidence; or

(d) Contrary to law.

(4) The Tribal Court may award the prevailing party or parties reasonable costs 

and attorney fees, as set by the Tribal Court.

(B) Hearings

(1) Applicants for licenses and licensees are entitled to 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 412(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 Commissioner or other regulatory 

agency.

(2) Notice shall be served by the Commissioner 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 Commissioner in making its initial 

determination;

(c) The time, date, and place of a hearing before the Tribal District 

Court; and

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

evidence or testimony.

(3) All hearings shall be on the record before the Tribal District Court and the 

affected party or parties may be represented by an attorney.

(a) Any attorney appearing before the Tribal Court must be duly 

qualified and admitted to practice before the Tribal Court.

(4) Neither the affected party nor the Commissioner shall 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.

(C) Appeals

(1) An affected party shall have the right to appeal a decision by the Tribal 

District Court provided that a notice of appeal is filed with the Tribal Court 

within thirty (30) days of receiving the written decision. Upon receipt of the 

notice of appeal, the Tribal District Court shall promptly file the full record 

of the proceedings with the Tribal Appellate Court.
Page 20 of 33

(2) Failure to seek review of a decision within thirty (30) days of receipt shall 

constitute a waiver of all rights of appeal and further shall deprive the Tribal 

Court of jurisdiction over the matter.

(3) The Tribal Appellate Court shall issue a written decision on all appeals and 

such decisions shall be final.

Section 307 Commissioner Contracting Limitations

CBC approval, by resolution, is needed prior to the Commissioner 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;

(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 Office of the Gaming Commissioner’s

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 Office of the Gaming Commissioner’s 

sovereign immunity.

Section 308 Void Contracts

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

violates any provision of Section 307 of this Ordinance shall be null, void, and unenforceable ab 

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

Section 309 CBC Review or Approval Needed

The adoption of, and any changes to, the Commissioner’s regulations, rules, procedures, and/or 

standards that are applicable to any person or entity outside of the Office of the Gaming 

Commissioner, including but not limited to those set forth in Section 305(B), 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 

Commissioner shall forward a copy of the proposed changes to the CEO and shall provide notice 

of the proposed changes to all affected parties. Such notice shall set forth the proposed changes 

and the process and deadlines for submitting comments. The Commissioner shall compile all 

comments received and submit them, along with the proposed changes, to the CBC. The CBC 

shall receive copies of and provide due consideration to all comments received from persons and/or 

entities affected by the proposed changes.
Page 21 of 33

Section 310 Confidentiality of Records

(A) The Commissioner 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 the CEO, members of CNE’s management team, and shall be disclosed 

to the Nation’s legal counsel. 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:

(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 Commissioner 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 Commissioner and 

staff, solely in the performance of their official duties.

Section 311 Appointment of Commissioner

(A) For any vacancy in the position of Commissioner, 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. The selected candidate 

must pass the background investigation required of a Primary Management Official 

or Key Employee.

(D) Once the background investigation is successfully completed, the candidate will be 

sworn in by the CBC.

Section 312 Commissioner Terms

Terms of Office for Commissioners shall be three (3) years. A Commissioner may be re-appointed 

by the CBC.

Section 313 Commissioner Eligibility

The Nation recognizes the importance of an independent Commissioner 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:
Page 22 of 33

(A) Members of the CBC, the CEO, or a Primary Management Official of a direct 

competitor to the Nation’s Gaming Facilities, while serving as such;

(B) Persons having a financial interest in a contract to which the Nation, CNE, or the 

Commissioner is a party;

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

(D) Employees of the Office of the Gaming Commissioner or CNE, while employed as 

such; and

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

Officials.

Section 314 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,, or a Gaming 

Facility for any purpose.

Section 315 Commissioner Reports

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

Commissioner’s activities. Upon request, compliance reports shall be provided to the CEO.

Section 316 Office of the Gaming Commissioner Budget

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

a budget for the operations, including personnel costs, capital expenditures, and 

equipment upgrades, of the Office of the Gaming Commissioner. 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. 

Such fees shall not overlap the authority of the Nation’s Tax Commission as set 

forth in the Nation’s General Revenue and Taxation Act of 1995.

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

resolution. The CBC shall distribute to the Commissioner monthly, or less 

frequently if requested by the Commissioner, a pro rata share of the Office of the 

Gaming Commissioner’s CBC-approved budget.

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

subscriptions, employees, and service(s) 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 317 Annual Audit

The Nation, through the Commissioner, shall cause to be conducted an annual outside independent 

audit of the Commissioner’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 one 

hundred twenty (120) days from the close of the fiscal year.
Page 23 of 33

Section 318 Patron Dispute Resolution

(A) The CBC shall approve regulations, with input from CNE and the Commissioner, 

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 they were entitled to be awarded and shall not 

exceed the maximum payout available for that particular Game.

Sections 319-329 RESERVED.

Section 319 Removal of Commissioner

The CBC shall have the authority to remove the Commissioner at their discretion upon a majority 

vote of the CBC at a regular monthly meeting or a special meeting duly convened for such purpose; 

a decision to remove the Commissioner shall be final and not subject to further appeal. The 

unexpired term of a Commissioner removed under this Section shall be filled in accordance with 

this Ordinance.
24

PART 400 LICENSING

Section 401 Employee Licenses

(A) The Nation, through the Commissioner, 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 Commissioner, 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 Commissioner 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 Commissioner 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 Commissioner 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, you may 

be punished by fine or imprisonment. (U.S. Code, title 18, section 1001).
Page 25 of 33

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

done so shall be notified in writing by the Commissioner 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 

Commissioner 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 Commissioner-issued license by an employee or vendor shall 

constitute acceptance by that individual or entity of the jurisdiction of the 

Commissioner and the Tribal Court for all licensure actions and any 

violations of such licensure or this Ordinance.

Section 403 Licensing Fee

The Nation may charge a reasonable fee, to be set by the CBC and imposed by the Commissioner, 

to cover its expenses in investigating and licensing Key Employees, Primary Management 

Officials, other persons, and vendors of the Gaming Facilities and the Commissioner.

Section 404 Fingerprints

(A) The Commissioner 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 taken by the Commissioner and then forwarded to the NIGC 

for processing through the Federal Bureau of Investigation and the National 

Criminal Information Center to determine the applicant’s criminal history, if any.

Section 405 Background Investigations

(A) The Commissioner is responsible for conducting background investigations for each 

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

Commissioner to make an eligibility determination in accordance with Section 406 

of this Ordinance.

(B) The Commissioner 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 

numbers;
Page 26 of 33

(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 the 

Commissioner’s 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 Commissioner 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 406 Gaming License Eligibility Determination

(A) Before a Gaming license is issued to a Primary Management Official or a Key 

Employee, the Commissioner shall make a finding concerning the eligibility of that 

person for receiving such a license, according to CBC-approved eligibility 
Page 27 of 33

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

reputation, habits, and associations.

(B) If the Commissioner, 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 

Commissioner 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 407 Report to the NIGC

(A) Before issuing a Gaming license to a Primary Management Official or Key 

Employee, the Commissioner 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 406 

of this Ordinance.

Section 408 Granting an Individual Gaming License

(A) The Commissioner 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 407 of this Ordinance. The 

Commissioner 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 407 of this Ordinance, the Commissioner receives from the 

NIGC a statement of itemized objections to the issuance of a license to a Primary 

Management Official or Key Employee, the Commissioner must reconsider that 

application. The Commissioner must take into account the NIGC’s objections; 

however, the Commissioner shall make the final decision whether to issue a license 
Page 28 of 33

to that applicant for a Primary Management Official of Key Employee Gaming 

license.

(C) If the Commissioner 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 412 and 413 of 

this Ordinance.

Section 409 Licenses for Gaming Vendors

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

registration, permitting, and waivers of Non-Gaming Vendors.

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

licensing and background investigation of Gaming Vendors that must be licensed 

and the process for the permit, registration, and waivers of vendors that do not need 

to be licensed.

(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;

(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, not-for-profit 
Page 29 of 33

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 410 Gaming Facility Licenses

(A) The Commissioner shall issue a separate license to each Gaming Facility once every 

three (3) years.

(B) The Commissionershall specify the form, conditions, and content for the application 

for Gaming Facility licenses, which shall be submitted by CNE, 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 Commissioner 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.

(E) The Nation or Commissioner shall submit to the NIGC Chair a notice that issuance 

of a facility license is under consideration by the Commissioner. This notice must 

be submitted at least 120 days before the opening of any new Gaming Facility.

Section 411 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.

(B) If the Commissioner decides not to issue a Key Employee or Primary Management 

Official license to an applicant, the Commissioner shall:

(1) Notify the applicant of the basis for such denial;

(2) Notify CNE 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.
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Section 412 License Suspensions and Revocations

(A) If, after a license is issued to a Primary Management Official or a Key Employee, 

the Commissioner receives notice from the NIGC that the Primary Management 

Official or Key Employee is not eligible for licensing and employment, the 

Commissioner shall:

(1) Immediately suspend the license;

(2) Provide written notice of the suspension and proposed revocation to the 

licensee;

(3) Provide written notice of the time and place for the hearing on the proposed 

revocation of the license to the licensee;

; and

(4) Notify the NIGC of the decision to revoke or reinstate a license within fortyfive (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 Commissioner 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 

Commissioner shall immediately notify the licensee, in writing, of the suspension 

and proposed revocation of such license and shall notify the licensee of the right to

a hearing, conducted in accordance with Section 413 of this Ordinance.

(C) Following a revocation hearing, the Commissioner shall notify the NIGC of the 

decision to revoke or reinstate a license within 45 days of receiving notification 

from the NIGC that a Primary Management Official or Key Employee is not 

eligible for employment.

(D) The Commissioner 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.

(E) A license suspension shall be effective only upon a specific order issued by the 

Commissioner to the licensee, the Tribal Court, and the employing Gaming 

Facility. A license shall not be suspended for more than sixty (60) days, and the 

Tribal Court must set a hearing on a suspension within fifty-three (53) days of the 

initial suspension. .

Section 413 License Hearing

(A) The Tribal Court 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 the Commissioner shall notify the licensee 

and CNE’s designated agents for such notices, in writing, of the time and a place 

for such hearing.

(B) No more than seven (7) days after a licensing hearing, the Tribal Court shall issue a 

final written decision to revoke or to reinstate the license, with or without 
Page 31 of 33

conditions, and shall forward such determination to the Commissioner, the licensee, 

the CNE, and the NIGC.

(C) The right to a revocation hearing vests only when a Gaming license is granted 

pursuant to this Ordinance, once the Ordinance has been approved by the NIGC.

Section 414 Retention of License Records

The Commissioner 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;

(B) Investigative reports; and

(C) Eligibility determination.

Sections 415 — 499 RESERVED
32

PART 500 ETHICS

Section 501 Standards for the CEO and Commissioner

The Nation recognizes that the duties of the CEO and the Commissioner include making important 

decisions on highly sensitive, pecuniary, and sometimes controversial issues, and as such, the 

Nation has determined that the CEO and the Commissioner shall be held to extremely high ethical 

standards.

Section 502 Guiding Principles of Ethical Conduct

Prior to taking their positions as CEO or Commissioner, each shall agree to be bound by the 

following principles:

(A) No CEO 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 CEO and Commissioner 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 the CEO and Commissioner avoid any action, 

whether or not specifically prohibited herein, which could result in, or create an 

appearance of:

(1) Using their position or 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 the CEO, the actions of the Commissioner; or

(5) Adversely affecting the confidence of the Comanche Nation members in the 

integrity of Gaming or the Commissioner.

(D) No CEO 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 CEO or Commissioner desiring to take employment under the supervision of the 

other entity must resign their position prior to applying for such employment.

(F) No CEO 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 the 

CBC and promulgated by the Commissioner.
Page 33 of 33

(B) No Key Employee, Primary Management Official, CBC member, CEO, 

Commissioner, Office of the Gaming Commissioner 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;

(3) Ceremonial gifts; or

(4) Traditionally or customarily offered by the Nation to such officials.

Section 504 Gambling Prohibited

The CEO, the Commissioner, and those employees of CNE and the Office of the Gaming 

Commissioner 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 of a CEO or Commissioner or adverse 

action against an employee.

Sections 506 — 599 RESERVED