NOTICE OF VIOLATION AND CLOSURE ORDER 

To: Jerry G. Haney, Principal Chief 

Seminole Nation of Oklahoma 

P.O. Box 1498 (% mile E of junction 59 & 270) 

Wewoka, OK 74884 

Telefax 405-257-6205 

1. The Chairman of the National Indian Gaming Commission (NIGC) hereby gives notice 1 hat 

the Seminole Nation of Oklahoma (hereafter referred to as "Respondent"), located in Wewoka, 

Oklahoma, is in violation of the Indian Gaming Regulatory Act (IGRA) and NIGC regulations.' 

2. The circumstances of the violation are: 

Respondent is a federally recognized Indian Tribe with tribal headquarters in Wewoka, 

Oklahoma. Respondent engages in gaming operations on tribal lands in Oklahoma, and does not 

GV have a compact with the State of Oklahoma that would allow Respondent to operate Class 111 

gambling devices. 

During a visit to the Tribe's gaming operations at the Wewoka Trading Post, Rivermist, 

and Travel Plaza on or about March 1,2000, representatives of the NIGC observed the following 

Class III video gambling machines being offered for play: 

"Red Hot Re-Spin" machines. 

On March 14,2000, the NIGC issued Potential Notices of Violations regarding the 

operation of these gambling machines and requested that the play of these devices cease at all 

Tribal facilities. 

On April 19,2000, Tribal representatives and their attorney met with NIGC officials to 

discuss the criteria for Class III gaming devices. The NIGC staff members provided documents 

and a detailed explanation as to why the NIGC considers Red Hot Re-Spin to be a Class I11 

gaming device. 

NIGC regulations are set forth in Chapter 111, Title 25, Parts 500-599 of the Code of 

Federal Regulations. All sections of NIGC regulations cited in this Notice refer to the pertinent 

parts of Title 25. NIGC regulations implement provisions of the Indian Gaming Regulatory Act 

(IGRA), 25 U.S.C. $9 2701 et seq., signed into law on October 17, 1988. -" 
- On May 11,2000, during a visit to the Tribe's gaming operations at Rivermist, 

representatives of the NIGC observed Red Hot Re-Spin being offered for play. 

3. Respondent is in violation of NIGC regulations as follows: 

Under Section 502.4 of the NIGC's regulations, Class III gaming means all forms of 

gaming that are not Class I gaming or Class IT gaming specifically including (but not limited to) 

any slot machines as defined in 15 U.S.C. 9 1171(a)(l) and electronic or electromechanical 

facsimiles of any game of chance. Under NIGC regulations an electronic or electromechanical 

facsimile means any gambling device as defined in 15 U.S.C. 1171(a)(2) or (3). - See Section 

502.8. 

The machine listed above is a gambling device as defined under 15 U.S.C. Section 

1 171 (a) and therefore falls within the definition of Class III gaming. Because ~es~ondent does 

not have a compact with the State of Oklahoma which authorizes the playing of Class III 

gambling devices at Respondent's gaming facility, Respondent is operating such games-in the 

absence of a tribal-state compact in violation of 25 U.S.C. 2710(d) and 25 C.F.R. 

573.6(a)(11). 

4. To correct the violations, Respondent shall comply with the following closure order. 

Closure Order 

W Under the authority of 25 U.S.C. $3 2701 et seq. and 25 C.F.R $ 573.6(a) and @), the 

Chairman of the National Indian Gaming Commission (NIGC) hereby gives notice that the 

Seminole Nation of Oklahoma is ordered to cease and desist the operation of the above-listed 

gaming machine and any other such gambling devices which may be present in its gaming 

facilities. This order shall be effective within twenty-four hours of receipt of this Notice of 

Violation and Closure Order. 

5. The Chairman may rescind the Closure Order for good cause shown. 

6. Expedited Review. Under 25 C.F.R. 9 573.6(c), within seven (7) days after service of this 

Order, Respondent may request, orally or in writing, informal expedited review by the Chairman. 

The Chairman must complete such review within two (2) days after receipt of a timely request. 

Within two (2) days after the expedited review provided by 25 C.F.R. 9 573.6(c), the Chairman 

must decide whether to continue the Order and must provide Respondent with an explanation of 

the basis for the decision. 

7. ,Appeal. Whether or not a Respondent seeks the informal expedited review described in 

paragraph 6 above, within 30 (thirty) days after service of this Notice of Violation and Order of 

Temporary Closure, Respondent may appeal to the full Commission under 25 C.F.R. Part 577 by 

submitting a notice of appeal and, if desired, request for hearing to the National Indian Gaming 

Commission, 1441 L Street, NW, Ninth Floor, Washington, DC 20005. Respondent has a right 
to assistance of counsel in such an appeal. A notice of appeal must reference this Notice of 

w Violation and Order. 

Within ten (1 0) days after filing a notice of appeal, Respondent must file with the 

Commission a supplemental statement that states with particularity the relief desired and the 

grounds therefore and that includes, when available, supporting evidence in the form of 

affidavits. If Respondent wishes to present oral testimony or witnesses at the hearing, 

Respondent must include a request to do so with the supplemental statement. The request to 

present oral testimony or witnesses must specify the names of proposed witnesses and the 

general nature of their expected testimony, as well as whether a closed hearing is requested and 

why. Respondent may waive its right to an oral hearing and instead elect to have the matter 

determined by the Commission solely on the basis of written submissions. 

8. Fine--Submission of Information. The violation cited abo,ve may also result in the assessment 

of civil fines against Respondent in an amount not to exceed $25,000 per violation per day. 

Under 25 C.F.R. 8 575S(a), Respondent may submit written information about the violation to 

the Chairman within 15 days after service of this notice of violation (or such longer period as the 

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

information submitted in determining the facts surrounding the violation and the amount of the 

civil fine, if any. 

Dated this 3oth day of May, 2000. 

IW 

Montie R. Deer 

Chairman 

National Indian Gaming Commission 

cc: Wayne Shaw, Seminole Nation Gaming Commission 

Telefax 405-382-2049 

Qazi S. Alam, Executive Director, Seminole Nation Development Authority 

Telefax 405-382-2049