Mille Lacs Band Statutes Annotated

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Amendments received through: February 11, 2026

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TITLE 15 – INDEPENDENT AGENCIES

Chapter

1. Gaming Regulatory Act

2. Department of Athletic Regulation

3. Band Member Legal Services

4. Tribal Employment Rights Office

5. Department of Cannabis Regulation

Section

801

901

1001

1201

CHAPTER 1

GAMING REGULATORY ACT

Subchapter

1. General Provisions

2. Gaming Activity

3. Ownership and Revenue

4. Gaming Regulatory Authority

5. Office of Gaming Regulation and Compliance; Director of

Gaming Regulation and Compliance

6. Appeals

7. Data Privacy

8. Compulsive Gambling

SUBCHAPTER 1

GENERAL PROVISIONS

Section

1. Findings.

2. Declaration of Purpose.

3. Definitions.

4. Severability.

Section

101

201

301

401

501

601

701

§ 1. Findings.

The Mille Lacs Band of Ojibwe finds that:

(a)

the Band has a long history of conducting different forms of gaming within our

sovereign territory. Prior to entering into treaties with the United States, the Band

allowed many traditional forms of gaming;

(b)

gaming on Band lands is a valuable means of generating revenues needed by the

Band to enhance economic development and self-sufficiency, promote and strengthen

self-governance, increase Band member employment, and fund essential Band social

programs and services; and

(c)

Band regulation and control of gaming on Band lands is necessary in order to ensure

the welfare and best interests of the Band, its members, and patrons of the Band’s

gaming enterprises; prevent any proliferation of organized crime and other corrupting

influences on Band lands; protect the fairness of gaming conducted on Band lands;

and preserve the political integrity of the Band.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 2.

Band Act 80-23.

§ 2. Declaration of Purpose.

The express purposes of this chapter are:

(a)

to provide a statutory basis for the regulation of gaming on Band lands to ensure that

gaming is shielded from organized crime and other corrupting influences, to ensure

that the Band is the primary beneficiary of the gaming operation, and to ensure that

gaming is conducted fairly and honestly by both the operator and the player;

(b)

to regulate and control gaming on Band lands for the protection of gaming as a means

of promoting economic development, self-sufficiency, and strong tribal government;

(c)

to foster a spirit of cooperation with federal officials in the regulation of gaming;

(d)

to foster a spirit of cooperation with Minnesota officials in the conduct of class III

gaming pursuant to any tribal-state gaming compacts;

(e)

to ensure that gaming on Band lands is conducted in conformity with Band law, the

IGRA, (25 U.S.C. § 2701 et seq.) and regulations promulgated pursuant thereto,

applicable state law, and any tribal-state compacts;

(f)

to ensure that the construction and maintenance of gaming facilities and the operation

of all gaming conducted at such facilities is conducted in a manner which adequately

protects the environment, public health, and safety; and

(g)

to establish an independent regulatory authority charged with oversight and

enforcement of gaming regulatory matters under Band law, with the goal of becoming

self-regulating under the IGRA and regulations promulgated thereto.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 3.

Band Act 80-23.

§ 3. Definitions.

For the purposes of this chapter, the following definitions shall apply:

(a)

“Authority” means the Mille Lacs Band Gaming Regulatory Authority established

by this chapter, which may also be known as the Tribal Gaming Commission.

(b)

“Authority data” means all information, files, reports, records, correspondence, and

other data collected, created, received, maintained, or disseminated by the Authority,

regardless of its physical form, storage method, or conditions of use.

(c)

“Applicant” means an individual or entity that applies for a Band gaming license or

certification.

(d)

“Background investigation” has the meaning given in 25 C.F.R. § 556.4.

(e)

“Band” or “Mille Lacs Band” means the Mille Lacs Band of Ojibwe.

(f)

“Band gaming laws” means this chapter and all subsequent amendments thereto, and

all Detailed Gaming Regulations promulgated thereunder.

(g)

“Band lands” means any land within the jurisdiction of the Band upon which gaming

activities pursuant to the IGRA may be conducted.

(h)

“Board” means the Board of Directors of the Gaming Regulatory Authority.

(i)

“Closely associated independent contractor” means any contractor that shares

common ownership, officers, or directors with any management principal or person

related thereto.

(j)

“Chairperson” means the chairperson of the Board.

(k)

“Charitable gaming” means any gaming carried out by an Indian charitable

organization on Band lands.

(l)

“Class I gaming” means:

(m)

(n)

(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.

“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; or

(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 concerning hours,

periods of operation, and limitations on wagers and pot sizes.

“Class III gaming” means all forms of gaming that are not class I or class II gaming,

including but not limited to:

(1)

any house banking game, including but not limited to card games such as

baccarat, chemin de fer, blackjack (21), and pai gow (if played as housebanking games), and 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; and

(4)

lotteries.

(o)

“Compliance” means that any gaming and gaming-related activity regulated by this

chapter is conducted in accordance with applicable laws.

(p)

“Compliance determination” has the meaning given in § 309 of this chapter.

(q)

“Confidential data” means authority data on a person that by Band statute,

regulation or order, or by applicable federal law, is not made available to the public.

The term includes Confidential Limited Availability Data and Confidential Restricted

Availability Data.

(r)

“Confidential financial information” means any financial accounting records,

ledgers, reports, and audits; and any profit and loss statements, cash flow projections,

tax returns, invoices, checks, bank records, or other data on the revenues,

expenditures, or financial obligations of a person, other than a gaming enterprise or

gaming operation.

(s)

“Confidential limited availability data” means confidential data that by Band

statute, regulation or order, or by applicable federal law is made accessible to the

subject of the data, if any.

(t)

“Confidential restricted availability data” means confidential data that is not

available to the subject of the data.

(u)

“Corporate Ventures” means Mille Lacs Corporate Ventures (formerly known as

the Corporate Commission of the Mille Lacs Band of Ojibwe) as established by 16

MLBS § 101 et seq.

(v)

“Corporate Commissioner” means the Mille Lacs Band Commissioner for

Corporate Affairs.

(w)

“District Court” means the District Court of the Mille Lacs Band of Ojibwe

established by 5 MLBS § 2.

(x)

“Detailed Gaming Regulations” or “DGR” means a full and complete set of

gambling regulations promulgated by the Authority pursuant to § 306 of this chapter

to:

(1)

ensure effective, independent oversight and regulation of all gaming

conducted on Band lands;

(2)

ensure that persons who hold key positions in the Band’s gaming enterprises

and gaming operations are honest, trustworthy, and of good moral character;

(3)

protect Band assets through implementation of strong, effective financial

accounting and internal cash controls;

(4)

comply with all applicable law, including Band law, federal law, and tribalstate compacts; and

(5)

clearly define and distinguish the respective duties and powers of casino

management and gaming regulation so that they complement one another in

such a manner as to maximize the benefits of gaming to the Band and the

surrounding non-Indian community.

(y)

“Director” means the director of the Office of Gaming Regulation and Compliance

as described § 401 of this chapter.

(z)

“Exclusion list” means a list prepared pursuant to § 313 of this chapter that contains

the names of persons who shall not be permitted in any gaming enterprise and gaming

operation.

(aa)

“Financial information on a gaming enterprise and gaming operation” includes,

but is not limited to, any financial accounting records, ledgers, reports, and audits;

and any profit and loss statements, cash flow projections, tax returns, invoices,

checks, bank records, or other data on the revenues, expenditures, or financial

obligations of a gaming enterprise or gaming operation.

(bb)

“Gaming” means an activity in which a person stakes or risks something of value on

the outcome of a contest of chance or a future contingent event, not under her or his

control or influence, upon an agreement or understanding that the person, or someone

else, will receive something of value in the event of a certain outcome, but shall not

include a bona fide business transaction.

(cc)

“Gaming activity” or “Gaming activities” means any class I, class II, or class III

gaming activity as defined by the IGRA and conducted by or under the jurisdiction of

the Band.

(dd)

“Gaming Compliance Officer” means the officer described in § 402(a)(4) of this

chapter.

(ee)

“Gaming contractor” means any person or entity that supplies gaming devices or

other gaming equipment, personnel, or services, including gaming management or

consulting services, to any gaming activity or gaming enterprise or gaming operation.

(ff)

“Gaming enterprise(s)” means the gaming entities through which the Band

conducts, regulates, and secures gaming on Indian lands within the Band’s

jurisdiction pursuant to the Indian Gaming Regulatory Act.

(gg)

“Gaming operation” means the Grand Casino Mille Lacs, the Grand Casino

Hinckley, and any other commercial facility or business operated, in whole or in part,

for the conduct of gaming or related to gaming activities within the jurisdiction of the

Band.

(hh)

“Gaming Regulatory Authority” means the independent agency established herein

and designated with responsibility for performing the Band’s regulatory

responsibilities and duties under the IGRA, this chapter, and any tribal-state

compacts. The Gaming Regulatory Authority is comprised of both the Board and the

Office of Gaming Regulation & Compliance.

(ii)

“Gaming supplier” means any contractor or other supplier of gaming goods,

supplies, materials, equipment, or services to any gaming enterprise or gaming

operation, the aggregate annual cost of which to the Band’s gaming enterprises or

gaming operation is at least $25,000.00. The term “gaming supplier” shall be more

particularly defined in Detailed Gaming Regulations promulgated by the Authority.

(jj)

“Hearing examiner” means an individual employed or contracted with by the

Authority for the purpose of conducting a hearing pursuant to this chapter. Such

person shall: (1) be independent of any claimant, Corporate Ventures, any gaming

enterprise or gaming operation, and any affiliates of the foregoing; (2) be an attorney

in good standing licensed by the Band and any state; and (3) have relevant legal

experience.

(kk)

“Immediate family” or “related to” refers to persons who are the subject

individual’s spouse, parents, siblings, and children, either adopted or biological.

(ll)

“Indian charitable organization” means any non-profit association or corporation,

or unincorporated community group, with a primary purpose of engaging in social,

educational, cultural, religious or charitable activities, or a combination thereof within

the tribal community.

(mm) “Indian Gaming Regulatory Act” or “IGRA” means the Act of October 17, 1988,

Public Law 100-497, 25 U.S.C. § 2701 et seq. as amended, and all regulations

promulgated pursuant thereto.

(nn)

“Information on a pending compliance recommendation” means (1) any data

gathered by the Director in connection with an ongoing investigation for which a

Compliance Recommendation is required pursuant to § 402(b) of this chapter or (2)

any compliance recommendation that has been completed by the Director but not yet

finally acted upon by the Authority.

(oo)

“Information on a pending license application” means any data submitted by the

applicant or gathered by the Director or the Authority in connection with a pending

application for a license required by this chapter.

(pp)

“Key employee” means:

(1)

any person who performs one (1) or more of the following functions for a

gaming enterprise or gaming operation: (A) bingo caller; (B) counting room

supervisor; (C) chief of security; (D) floor manager; (E) pit boss; (F) dealer;

(G) croupier; (H) approver of credit; (I) custodian of gaming systems as

defined in 25 C.F.R. § 547.2 and similar class III systems, gaming cash or

gaming cash equivalents, or gaming system records; or (J) custodian of

surveillance systems or surveillance system records;

(2)

any gaming operation or gaming enterprise employee authorized by the

gaming operation or gaming enterprise for unescorted access to secured

gaming areas designated as secured gaming areas by the Authority;

(3)

if not otherwise licensed as a key employee or primary management official,

the four (4) persons most highly compensated by a gaming enterprise or

gaming operation; and

(4)

any other employee of the gaming enterprise or gaming operation as

documented by the tribe as a key employee; or

(5)

any other person as defined in 25 C.F.R. Part 502.14.

(qq)

“Management principal” means any person who is an officer or member of the

Board or other person defined as a primary management official as defined in 25

C.F.R. § 502.19.

(rr)

“Member” means a member of the Gaming Regulatory Authority Board of

Directors.

(ss)

“National Indian Gaming Commission” or “NIGC” means the commission

established within the U.S. Department of the Interior under 25 U.S.C. § 2704.

(tt)

“Net revenues” means gross gaming revenues of an Indian gaming operation or

gaming enterprise less: (1) amounts paid out as, or paid for, prizes; and (2) total

gaming-related operating expenses, including all those expenses of the gaming

operation or gaming enterprise commonly known as operating expenses and nonoperating expenses consistent with professional accounting pronouncements,

excluding management fees.

(uu)

“Non-key employee” means any person employed by a gaming enterprise or

Corporate Ventures, who is not otherwise defined as a key employee or primary

management official.

(vv)

“Office of Gaming Regulation and Compliance” or “OGR&C” means the office

charged with the responsibility of, inter alia, regulating gaming activity within the

jurisdiction of the Band.

(ww) “Person” means any individual, partnership, corporation, association, business trust,

joint stock company, unincorporated association or society, any other business or

non-business entity, or the legal representative of such entity.

(xx)

“Personnel data” means data on individuals collected because the individual is or

was an associate of, or an applicant for employment with, the Authority or acts as an

independent contractor therefor.

(yy)

“Primary management official” means:

(1)

the Corporate Commissioner;

(2)

any person having management responsibility for a management contract;

(3)

any person who has authority to (i) hire and fire employees of a gaming

operation or gaming enterprise; or (ii) establish policy for a gaming operation

or gaming enterprise;

(4)

the chief financial officer or a position with duties similar to a chief financial

officer;

(5)

the general manager or a position with duties similar to a general manager; or

(6)

any other person as defined by 25 C.F.R. Part 502.19.

(zz)

“Security information” means authority data the disclosure of which would be

likely to substantially jeopardize the security of gaming enterprise or gaming

operation information, possessions, associates, guests, or property against theft,

tampering, improper use, illegal disclosure, trespass, or physical injury.

(aaa)

“Trade secret information” means Authority data, including formula, pattern,

compilation, program, device, method, technique, or process that was (1) supplied by

the affected person; (2) is the subject of efforts by the affected person to maintain its

secrecy; and (3) derives independent economic value, actual or potential, from not

being generally known to, and not being readily ascertainable by proper means by,

other persons who can obtain economic benefit from its disclosure or use.

(bbb) “Tribal-state compact” means an agreement between the Band and the state of

Minnesota about class III gaming under 25 U.S.C. § 2710(d).

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 4.

Band Act 80-23.

§ 4. Severability.

If any provision or application of this chapter is determined by judicial review to be invalid, such

determination shall not be held to render such provision inapplicable to other persons or

circumstances, nor shall such determination render invalid any other provisions of this chapter.

Historical and Statutory Notes

Source:

Band Act 80-23.

SUBCHAPTER 2

GAMING ACTIVITY

Section

101. General Prohibition on Gaming Activities; Violations Punishable.

102. Unauthorized Gaming Prohibited.

103. Permitted Gaming.

104. Tribal-State Compacts for Class III Gaming Authorized.

105. Use of Band Lands for Gaming Purposes.

106. Health, Safety, and Environmental Protections.

107. Prohibited Activities.

§ 101. General Prohibitions on Gaming Activities; Violations Punishable.

All gaming activity on Band lands shall be conducted in compliance with this chapter and any

Gaming Activities not authorized by this chapter or by Detailed Gaming Regulations

promulgated pursuant to this chapter by the Authority is prohibited. Any violations of this

chapter shall be punishable through means adopted by this chapter, the Authority, and as

otherwise provided by Band law.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 5.

Band Act 80-23.

§ 102. Unauthorized Gaming Prohibited.

All gaming activities on Band lands, whether class I, II, or III, are prohibited and unlawful,

except as expressly authorized by this chapter.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 6(a).

Band Act 80-23.

§ 103. Permitted Gaming.

(a)

Class I gaming. Class I traditional games are permitted to the extent consistent with

tribal custom and practice. The Authority may prohibit and prevent any conduct

which is claimed to be class I gaming if it finds that such conduct is not in accordance

with tribal customs or practices or violates the IGRA or other applicable law. The

Authority shall consult with a committee of Band Elders to determine which games

are consistent with Band custom and practice. These games shall be listed and defined

in the Detailed Gaming Regulations

(b)

Class II and class III gaming. Class II and class III gaming on Band lands is hereby

authorized. The Band has the sole proprietary interest in and responsibility for the

conduct of any gaming enterprise or gaming operation.

(1)

(2)

(3)

Permitted class II games. The following class II games are permitted:

(i)

any game of chance which the Authority or the NIGC has determined

to be class II in accordance with this chapter; and

(ii)

any game of chance for which the Authority has promulgated rules and

Detailed Gaming Regulations so that such games are conducted in

accordance with this chapter.

Permitted class III games. The following class III games are permitted:

(i)

video games of chance licensed and conducted pursuant to any tribalstate compact between Corporate Ventures and the State of Minnesota;

(ii)

blackjack games licensed and conducted under the terms of any tribalstate compact between Corporate Ventures and the State of Minnesota;

and

(iii)

any other game of chance which is licensed and conducted pursuant to

any tribal-state compact and for which the Authority has promulgated

rules and Detailed Gaming Regulations in accordance with this

chapter.

Game classification decisions. A gaming enterprise or gaming operation may

submit to the Authority a request for a determination of whether a particular

game qualifies as a class II game or class III game under the IGRA. The

Authority must issue a game classification decision with respect to the game

promptly after the request.

(c)

(i)

In arriving at any gaming classification decision, the Authority may

employ the services of a hearing examiner to either make a

recommendation for a game classification decision or issue a game

classification decision on behalf of the Authority.

(ii)

The gaming enterprise or gaming operation must reimburse the

Authority for any costs incurred in producing the game classification

decision, regardless of the outcome.

(iii)

The gaming enterprise or gaming operation may appeal the

Authority’s game classification decision to the District Court, which

may hire a special magistrate to provide assistance.

Community charitable gaming.

(1)

Policy. It is the policy of the Band to foster and assist Indian charitable

organizations and the good works they perform for the community. To this

end, the Band will allow Indian charitable organizations to use certain forms

of gaming to raise money for their charitable purposes and to provide a

healthy social outlet for members of such groups and their friends. The

Authority shall regulate charitable gaming carried out by an Indian charitable

organization in order to promote the general health and safety of the Band and

to ensure that such gaming is operated honestly, with high integrity, and in

accordance with the highest standards.

(2)

Allowable games. Indian charitable organizations may operate the games of

pull-tabs and bingo for the purposes set forth in paragraph (1) above.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 6(b).

Band Act 80-23.

§ 104. Tribal-State Compacts for Class III Gaming Authorized.

(a)

Corporate Ventures authorized. Corporate Ventures is hereby authorized to

negotiate and enter into tribal-state compacts with the State of Minnesota to govern

the conduct of class III gaming on Band lands. Such tribal-state compacts and

amendments thereto, other than technical amendments as provided in subsection (b)

below, shall not be valid until ratified by the Band Assembly pursuant to Titles 3 of

Mille Lacs Band Statutes.

(b)

Technical amendments. Corporate Ventures may enter into technical amendments

pursuant to section 6.12 of the Video Game of Chance Compact or section 7 of the

Blackjack Compact or similar section of any subsequent tribal-state compact and such

technical amendment shall not require Band Assembly approval as provided in

section subsection(a) above. Shareholders shall be delivered copies of any technical

amendments at the shareholders’ meetings.

(c)

Regulations to be in compliance with tribal-state compacts. The Authority shall

adopt Detailed Gaming Regulations to provide that such class III gaming is conducted

in compliance with the terms and conditions of such tribal-state compact or

amendments thereto.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 6(c).

Band Act 80-23.

§ 105. Use of Band Lands for Gaming Purposes.

(a)

Leases. Leases for all Band lands for gaming activities, or related to gaming activity

purposes, shall be in full compliance with all applicable laws of the United States and

the Band.

(b)

Anishinaabeg celebrations. The use of Band lands for Anishinaabeg celebrations or

other social events, which includes traditional gaming as part of the celebration or

other social event, shall not be subject to federal, state, or local government approval.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 7.

Band Act 80-23.

§ 106. Health, Safety, and Environmental Protection.

The construction and maintenance of any facility wherein gaming activities are conducted and

the operation of gaming activities authorized by this chapter, or any other Band law, shall be

conducted in a manner which adequately protects the environment and the public health and

safety, and shall comply with all applicable Band and federal law.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 8.

Band Act 80-23.

§ 107. Prohibited Activities.

(a)

Minors prohibited. It shall be unlawful for any adult to allow a person under the age

of 18 years to participate in gaming activities at a gaming enterprise or gaming

operation, or for such minor to participate in gaming activities at a gaming enterprise

or gaming operation.

(b)

Cheating prohibited. It shall be unlawful to conduct or participate in any gaming in

a manner which results in cheating, misrepresentation, or other disreputable tactics

which distract from a fair and equal chance for all participants, or otherwise affects

the outcome of the game.

(c)

Sale and consumption of alcoholic beverages. The sale of alcoholic beverages shall

be permitted at any gaming enterprise or gaming operation, if properly licensed

pursuant to 18 MLBS § 208 and applicable federal and state law. The sale of

alcoholic beverages under this section is subject to special surcharge taxes established

by 22 MLBS § 509.

(d)

Extension of credit prohibited. Extension of credit in any form shall not be allowed

at any gaming enterprise or gaming operation, unless specifically authorized by Mille

Lacs Band Statutes and properly licensed pursuant to applicable Band, federal, and

state law.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 16.

Band Act 80-23.

SUBCHAPTER 3

OWNERSHIP AND REVENUES

Section

201. Ownership of Gaming.

202. Ownership and Use of Class II and Class III Gaming Revenues.

§ 201. Ownership of Gaming.

The Band shall have the sole proprietary interest in and responsibility for conducting any class II

and class III gaming activities authorized by this chapter, except to the extent the Band may

contract with and license a person or entity to own, operate, o\r manage a gaming enterprise or

gaming operation pursuant to provisions of the IGRA, any tribal-state compacts, or as otherwise

permitted by applicable law.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 9.

Band Act 80-23.

§ 202. Ownership and Use of Class II and Class III Gaming Revenues.

(a)

(b)

(c)

Band property.

(1)

All revenues generated from any class II or class III gaming activities

conducted by any gaming enterprise or gaming operation are the sole property

of the Band, except as provided for under the terms of any agreement made

pursuant to the provisions of the IGRA, or as otherwise permitted by Band

law.

(2)

Any profits or net revenues from any class II or class III gaming activities

conducted by any gaming enterprise or gaming operation shall be deposited

into the Band’s general treasury. Upon becoming part of the general treasury,

such funds shall lose any identity as gaming revenues, except to the extent

necessary to identify them as such in order to comply with applicable law.

(3)

No individual Band member shall be deemed to have any interest in such

profits or net revenues from any class II or class III gaming activities

conducted by any gaming enterprise or gaming operation, provided that the

Band may adopt rules for distributing gaming proceeds to Band members on a

per capita basis; provided further that such plan must meet the requirements of

25 U.S.C. § 2710 (b)(3). Payments from the general treasury funds to Band

members under other Band programs, including those related to health,

welfare, education, elderly care, and housing, shall not be deemed “per capita”

payments.

Use of net gaming revenues. Net revenues derived from any class II or class III

gaming activities conducted by any gaming enterprise or gaming operation shall be

used only for the following purposes:

(1)

to fund Band government operations or programs;

(2)

to provide for the general welfare of the Band and its members;

(3)

to promote Band economic development;

(4)

to donate to charitable organizations recognized by the Band; or

(5)

to help fund operations of local government agencies.

Distribution plan. There shall be no per capita payments made from any net

revenues derived from any class II or class III gaming activities conducted by any

gaming enterprise or gaming operation, unless the distribution plan is approved by the

U.S. Secretary of the Interior pursuant to 25 U.S.C. § 2701 et seq. and the payments

are made in accordance with such approved plan.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 10.

Band Act 80-23.

SUBCHAPTER 4

GAMING REGULATORY AUTHORITY

Section

301. Establishment.

302. Board of Directors.

303. Organization.

304. General Powers and Duties of the Authority.

305. Staff and Administrative Support; Office Space; Equipment; Information

Technology.

306. Detailed Gaming Regulations.

307. Monitoring and Investigation.

308. Licensing.

309. Compliance Determinations.

310. Independent Audits.

311. Enforcement.

312. Limitations on Actions.

313. Excluded Persons.

314. Regulatory Role.

315. Patron Dispute Resolution.

316. Budget.

317. Legal Counsel.

§ 301. Establishment.

There is hereby established as an agency of the Band the “Gaming Regulatory Authority,”,

which has the power and duty to regulate gaming matters for the Band as authorized by Band

law.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(a).

Band Act 80-23.

§ 302. Board of Directors.

(a)

The Authority shall be managed by a Board of Directors to be known as the

Authority’s “Board.” At all times there shall be at least one (1) Board Member, to be

known as “Member(s),” on the Board from each Band district. The Board shall

consist of five (5) Members appointed in the manner and have the terms provided in

subsection (b).

(b)

Appointments process, terms, and oath of office. Each Member shall be appointed

using the following process.

(1)

The Chief Executive shall nominate two (2) individuals and submit their

names to the Secretary-Treasurer. Within ten (10) calendar days after receipt

of the nominations by the Secretary-Treasurer, the Secretary-Treasurer shall

ratify one (1) of the two (2) nominees to be a Member of the Board. Such

Member shall serve until September 1, 2024. Any subsequent appointment,

other than to fill a vacancy that occurs prior to the end of a term, shall be for

four (4) years.

(2)

Each District Representative shall nominate two (2) individuals and submit

their names to the Chief Executive. Within ten (10) calendar days after receipt

of the nominations by the Chief Executive, the Chief Executive shall ratify

one (1) of the two (2) nominees to be a Member of the Board. Such Members

shall serve until September 1, 2026. Any subsequent appointment, other than

to fill a vacancy that occurs prior to the end of a term, shall be for four (4)

years.

(3)

The Secretary-Treasurer shall nominate two (2) individuals and submit their

names to the Chief Executive. Within ten (10) calendar days after receipt of

the nominations by the Chief Executive, the Chief Executive shall ratify one

(1) of the two (2) nominees to be a Member of the Board. Such Member shall

serve until September 1, 2024. Any subsequent appointment, other than to fill

a vacancy that occurs prior to the end of a term, shall be for four (4) years.

(4)

If the Chief Executive or the Secretary-Treasurer do not ratify one from any of

the nominations sent to them within the time prescribed, then the Band

Assembly shall select such Member by majority vote.

(5)

If any elected official does not submit a nomination within 30 days after a

vacancy has occurred, then the Band Assembly shall nominate two (2)

individuals by majority vote and submit their names to the Chief Executive for

ratification to the Board. The timing and process for such ratification are as

stated in sections 11(b)(1)(A) and (D).

(6)

(c)

(d)

No member shall take office until swearing to the oath of office pursuant to

2 MLBS § 8.

Qualifications.

(1)

Members shall be adults who are of high moral character and integrity; who

have a reputation for being honest, fair, and objective; and who are recognized

as possessing sound judgment.

(2)

Members may not have been convicted of a felony or any gambling-related

offense. All requisite background investigations shall be performed under the

direction of the Authority’s licensing office.

(3)

No fewer than three (3) Members shall be enrolled members of the Band.

There shall be at least one (1) Board Member from each of the Band’s three

(3) Districts.

(4)

Members may not be employed by any gaming enterprise or gaming

operation, nor may they gamble at any gaming enterprise or gaming operation.

(5)

Members shall be subject to the background investigations and standards for

primary management officials.

Board Officers.

(1)

Officers. The Board shall have a Chairperson, Vice-Chairperson, and

Secretary.

(2)

Selection.

(3)

(i)

Chairperson. The Members shall select from among themselves, by

majority vote, a Chairperson. The Chairperson shall serve for a period

of no longer than two (2) years, unless re-appointed by the Board.

(ii)

Vice-Chairperson. The Members shall select from among themselves,

by majority vote, a Vice-Chairperson. The Vice-Chairperson shall

serve for a period of no longer than two (2) years, unless re-appointed

by the Board.

(iii)

Secretary. The Board may select a Member or an employee of the

Authority to act as Secretary of the Board. The Secretary shall serve

for a period of no longer than two (2) years, unless re-appointed by the

Board. An employee acting as Secretary at the request of the Board is

not a Board Member and has no powers of a Member.

Board duties.

(4)

(i)

The Chairperson shall preside over meetings of the Board and the

Vice-Chairperson shall preside over meetings of the Board in the

absence of the Chairperson. The Secretary shall record in writing the

minutes of all Board meetings and all official actions taken by the

Authority, and shall notify all persons who, under this chapter, require

notification of such official actions.

(ii)

In carrying out any function under the provisions of this chapter, all

Members shall be governed by the laws of the Band, general policies

of the Authority, and such regulatory decisions, findings, and

determinations as the Authority may by law be authorized to make.

(iii)

Requests or estimates for regular, supplemental, or deficiency

appropriations on behalf of the Authority may be submitted to the

Band Assembly by the Chairperson with the prior approval of the

Board.

(iv)

The Chairperson shall delegate authority and assign duties to the

Director of the Office of Gaming Regulation and Compliance

sufficient to aid the Authority in fulfilling its regulatory

responsibilities. Such assignment and delegation shall comply with

this chapter.

(v)

Members shall serve part-time; however, the Board shall meet a

minimum of once per month or more if necessary to fulfill its duties.

(vi)

Members shall attend one (1) or more training seminars or courses

related to gaming regulation per year during their terms of

membership. Such seminars shall be paid by the Authority. Per diem

and other travel expenses shall be paid at the rate of a Senior

Executive Staff Band employee pursuant to 6 MLBS § 1001 et seq.

Vacancies in memberships.

(i)

The Chairperson shall notify the Band Assembly and the Chief

Executive of any vacancy on the Board of Directors at least 30 days

prior to the end of a term, or, in circumstances other than the end of a

term, immediately upon the knowledge that a vacancy will occur.

(ii)

If there is a vacancy on the Board, then the vacancy shall be filled in

accordance with subsection (b).

(iii)

Any Member, including the Chairperson, appointed to fill a vacancy

shall serve for the remainder of the term left vacant; however, any

Member may be re-appointed during this time period pursuant to

subsection(b).

(5)

Disqualifications from Board membership. The following persons are not

eligible to serve as Board Members:

(i)

Band elected officials and commissioners, while serving as such;

(ii)

current employees of any Band gaming enterprise or gaming

operation;

(iii)

any employee of Corporate Ventures working closely with a Band

gaming enterprise or gaming operation in a manner that gives rise to a

conflict of interest, as determined by the Board;

(iv)

gaming contractors, including any principal of a management or other

contracting company;

(v)

persons ineligible to be key employees or primary management

officials, as determined by the Authority via regulation; and

(vi)

persons who are immediate family members of, or who share a

residence with, any of the above ineligible persons.

(6)

Embezzlement, theft, and money-related or honesty-related offenses.

Persons who have been previously convicted of any felony or misdemeanor

offense of embezzlement, theft, or any other money-related or honesty-related

misdemeanor offense, such as fraud, cannot serve as a Board member.

(7)

Removal from Board membership. Members may be removed by a supermajority vote of four (4) out of five (5) members of the Joint Session of the

Band Assembly. The determination of the Joint Session is final and

unappealable to the District Court.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(b).

Band Act 80-23.

§ 303. Organization.

(a)

Meetings.

(1)

Regular meetings. Regular meetings of the Board shall be held at least

monthly and upon written notice. The dates and forms of regular meetings

shall be set by official action of the Board.

(2)

Special meetings. Special meetings of the Board may be called by the

Chairperson with a minimum of 48 hours written notice to the Board

Members, by the Director with a minimum of 48 hours written notice to the

Chairperson, or by a majority vote of the Board with 48 hours written notice

to the Chairperson.

(3)

Other. Either regular or special meetings may be called by petition of a

majority of a quorum of the Board Members other than the Chairperson upon

48 hours written notice to the Chairperson.

(4)

Alternative meeting arrangements. Regular or special meetings may be

conducted by telephone, video or web conference, or similar means. The

Chairperson must provide the Board Members with 48 hours written notice

prior to convening any meeting under this subsection.

(5)

Consent presumed. A Member’s participation in a meeting described herein

without explicit objection will constitute consent to the manner in which such

a meeting is conducted.

(b)

Quorum. Three (3) Board Members shall constitute a quorum.

(c)

Voting.

(d)

(1)

All actions of the Board shall be taken by majority vote.

(2)

The Chairperson shall vote only in the following circumstances:

(i)

to break a tie; or

(ii)

if necessary, to constitute a quorum in the absence of other Members.

Compensation.

(1)

Board meetings. Members, including the Chairperson, shall be compensated

with $400.00 per meeting, not to exceed $800.00 in one (1) month, except that

in the case of a demonstrated emergency, the Chairperson may petition the

Secretary-Treasurer for compensation for additional meetings. Mileage and

other travel expenses will be compensated on the same terms and conditions

as apply to Senior Executive Staff appointees as provided by Band law.

(2)

Training. If Members are not Band government employees and are required

to be absent from their employment to attend mandatory training pursuant to

subsection (d)(3)(vi), then Members shall be compensated at their previously

documented hourly rates of pay for each hour that they are in attendance at

such training plus mileage and other travel expenses as stated in paragraph (1)

above. If Members are Band government employees, then absence from

employment will not be deducted from their accrued annual leave and they

will be paid as if they were at work plus expenses as stated in paragraph (1)

above.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(c).

Band Act 80-23.

§ 304. Powers and Duties of the Authority.

The Authority shall be responsible for ensuring that all gaming activities on Band lands are

carried out in compliance with the IGRA, Band gaming laws, any tribal-state compacts, and

other applicable law. To this end, the Authority shall exercise regulatory, not operational,

authority over any gaming enterprise or gaming operation and charitable gaming. All

management and operational authority over any gaming enterprise or gaming operation shall

remain with Corporate Ventures separate and distinct from the Authority. The Authority may

retain such consultants and enter into such contracts as it may deem necessary to carry out its

duties as specified in this chapter; however, it shall not hire employees of the Office of Gaming

Regulation and Compliance. In addition, as an agency of Band government, the Authority shall

comply with all Band laws, including Title 7, for all contracts, including professional services

contracts. The Authority may bring such actions as may be necessary to carry out its duties,

including but not limited to the enforcement of this chapter and other Band gaming laws.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(c).

Band Act 80-23.

§ 305. Staff and Administrative Support; Office Space; Equipment; Information

Technology.

The OGR&C shall provide staff and administrative support, office space, equipment, and

information technology support to the Authority. Any office space, equipment, or information

technology support provided by the OGR&C shall be separate and not under the authority of

Corporate Ventures, except that OGR&C may enter into contractual arrangements with

Corporate Ventures for the provision of any such office space, equipment, or information

technology. Any contracts entered into under this section shall be nominal value and shall not

frustrate the Authority’s ability to carry out its regulatory functions under this chapter.

Historical and Statutory Notes

Source:

Band Act 80-23.

§ 306. Detailed Gaming Regulations.

(a)

Power and duty. The Authority shall have the power and duty to develop, adopt, and

promulgate Detailed Gaming Regulations regarding:

(1)

licensing of gaming enterprises or gaming operation;

(2)

licensing and background investigations of key employees and primary

management officials;

(3)

licensing and background investigations of gaming suppliers;

(4)

conducting annual independent audits of all gaming operations or gaming

enterprise of the Band;

(5)

permitted games and the conduct thereof;

(6)

standards and criteria for gaming machines and for testing machines;

(7)

audio and video surveillance standards;

(8)

minimum internal cash, playing card, chip, and token control standards, and

procedures for gaming operations or gaming enterprise;

(9)

procedures for compliance with the Bank Secrecy Act and applicable

provisions of the Internal Revenue Code;

(10)

resolving gaming-related disputes involving patrons and vendors of any

gaming enterprise or gaming operation, after exhausting all remedies available

at the gaming enterprise or gaming operation;

(11)

charitable gaming as provided in § 103(c) of this chapter;

(12)

the prevention and cure of compulsive gambling as provided in subchapter 8

of this chapter;

(13)

the development and maintenance of a list of excluded persons as provided in

§ 313 of this chapter;

(b)

(14)

related reporting, record-keeping, auditing, investigation, and enforcement

procedures;

(15)

dispute resolution procedures, including OGR&C employee appeals;

(16)

reasonable fines and other penalties for violations of this chapter, Band

gaming laws, the IGRA, any tribal-state compacts, and other applicable law;

and

(17)

other activities as required by law.

Rulemaking process. The Authority shall promulgate Detailed Gaming Regulations

authorized by this chapter with or without hearing according to the notice and

comment process specified herein.

(1)

(2)

Notice of intent to adopt. The Authority shall give notice of its intent to

adopt a Detailed Gaming Regulation by posting a copy of the notice on the

Authority’s website; by posting a copy of the notice in the Band Government

Center and the Community Centers in Districts I, II, and III; and by delivering

a copy of the notice by U.S. mail or other appropriate means to the Chief

Executive, the Speaker of the Band Assembly, the Solicitor General, the

Corporate Commissioner, and the manager of any gaming enterprise or

gaming operation. The notice shall include a copy of the proposed regulation

and a description of the nature and effect of the proposed regulation. In

addition, the notice shall include the following statements:

(i)

comments may be submitted on the proposed regulation no later than

30 days from the date of the notice; and

(ii)

the proposed regulation may be modified if supported by the data and

views submitted.

Review; adoption; notice of adoption. The Authority shall review all

comments received during the comment period, shall make such changes to

the proposed Detailed Gaming Regulation as it deems reasonable and

appropriate, and shall approve the regulation by resolution. The regulation

shall not become effective until after the 30-day comment period has

concluded. The Authority shall, by official action, set the effective date of the

regulation and publish and post copies of a notice of adoption of the

regulation in the same manner as for the notice of intent to adopt the

regulation. The notice of adoption shall summarize the final regulation and the

changes to the proposed regulation, state the effective date, and announce that

free copies of the regulation are available from the Authority. In addition,

copies of the notice and the final regulation shall be delivered by U.S. mail or

other appropriate means to all persons who were sent a copy of the notice of

intent.

(3)

Adoption is a compliance determination. Approval of any Detailed Gaming

Regulation by the Authority shall be considered a compliance determination

for purposes of effecting an appeal pursuant to subchapter 6 of this chapter.

(4)

Detailed Gaming Regulations. The Authority shall adopt a set of Detailed

Gaming Regulations. Any such gaming regulation may be annulled by statute.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(d)(2).

Band Act 80-23.

§ 307. Monitoring and Investigation.

(a)

(b)

General. The Authority shall have the power and duty

(1)

to monitor and investigate all gaming enterprises or gaming operations for

compliance with the IGRA, Band gaming laws, any tribal-state compacts, and

other applicable law and to undertake such related investigations and

enforcement actions as it deems necessary, including but not limited to

investigating and evaluating the effectiveness of the Band’s gaming regulatory

system;

(2)

to help resolve all gaming-related patron and vendor complaints that have not

been resolved by agreement of a complainant and the gaming enterprise or

gaming operation;

(3)

to grant, deny, or suspend licenses, prior to levying fines;

(4)

to assure compliance with the rules concerning charitable gaming;

(5)

to assure compliance with compulsive gambling cure and prevention

requirements;

(6)

to develop, maintain, and enforce a list of persons to be excluded from gaming

enterprises or gaming operations; and

(7)

to take any and all other similar action it deems to be necessary or desirable to

carry out the powers and duties granted by this section.

Scope of investigations and related activities. Any investigations and related

activities, including but not limited to electronic and non-electronic searches of credit

histories, arrests, and judgements, and electronic surveillance shall be strictly limited

to official Authority duties under law. All such investigations and related activities

may be undertaken only after review by legal counsel that the scope and subject of

any such activities complies with this chapter and other applicable law. Individuals

who perform investigations and related activities outside the scope of this chapter and

other applicable law are subject to immediate dismissal and reasonable fines.

(c)

Access. The Authority shall have access to all books, files, records, reports, and other

data regarding the operation of all gaming enterprises or gaming operations, whether

in written or electronic form, as it deems necessary or desirable to carry out its

legitimate regulatory duties as determined by the Authority.

(d)

Surveillance. The surveillance department shall be under the control and supervision

of the Authority; however, a gaming enterprise or gaming operation shall have access

to electronic surveillance output as further defined in the Detailed Gaming

Regulations.

(e)

Cooperation of the gaming enterprises or gaming operations with the Authority.

The Authority may:

(f)

(1)

require associates of any gaming enterprise or gaming operation to compile

and provide such data and to testify as to matters within their knowledge

concerning the operation of the gaming enterprise or gaming operation; and

(2)

require the associates of any company that is managing a gaming enterprise or

gaming operation on behalf of Corporate Ventures, or any other person within

the jurisdiction of the Band, to comply and provide such data and to testify as

to matters within their knowledge concerning the operation of the gaming

enterprise or gaming operation. The Authority may utilize licensing actions,

reasonable fines, and any other enforcement powers vested to the Authority

within this section to ensure cooperation.

Due process protections. Nothing in this chapter waives or diminishes any gaming

enterprise’s or gaming operation’s or individual’s right to due process and equal

protection of the laws.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(d)(3).

Band Act 80-23.

§ 308. Licensing.

(a)

General. The Authority shall promulgate Detailed Gaming Regulations for granting,

suspending, and revoking licenses, which are consistent with Band law, the IGRA,

and any tribal-state compacts regarding matters of licensure.

(b)

Minimum licensing requirements. It is the policy of the Band that all gaming

activities and enterprises or operations be licensed and controlled so as to protect the

morals, good order, and welfare of Band members and other persons on Band lands

and to preserve the honesty, fairness, and integrity of such gaming activities.

Accordingly, no person shall engage in any class II or class III gaming activities on

Band lands without an appropriate and valid independent class II or class III license

issued by the Authority. In addition, the Authority shall issue a separate license to

each place, facility, or location on Band lands where the Band elects to allow class II

or class III gaming. The Authority shall perform background investigations and issue

licenses for key employees and management officials according to requirements that

are at least as stringent as those in 25 C.F.R. §§ 556 and 558 which are hereby

incorporated into this chapter, unless otherwise superseded pursuant to an agreement

with the NIGC. No license shall be issued that would place the Band in violation of

applicable law or any tribal-state compacts.

(c)

Mandatory licensing application provisions and procedures.

(1)

Notices to applicants.

(i)

Privacy notice. The Authority shall place the following notice on the

application form for a key employee or a primary management official

before that form is filled out by an applicant:

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 Mille Lacs Band Gaming

Regulatory Authority and by the National Indian Gaming Commission

members and staff who have need for the information in the

performance of their official duties. The information may be disclosed

by the Mille Lacs Band or 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 National Indian

Gaming Commission 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 or gaming enterprise.

Failure to consent to the disclosures indicated in this notice will result

in the Mille Lacs Band being unable to license you for a primary

management official or key employee position.

The disclosure of your Social Security Number is voluntary. However,

failure to provide a Social Security Number may result in errors in

processing your application.

(ii)

The Authority shall place the following notice on the application form

for a key employee or a primary management official before that form

is completed by any applicant.

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 (18 U.S.C.

§ 1001).

(iii)

(iv)

(2)

Upon enactment of this chapter, the Authority shall notify in writing

existing key employees and primary management officials that they

shall either:

(A)

complete a new application form that contains the notice stated

in § 308(c)(ii) above; or

(B)

sign a statement that contains the notice stated in § 308(c)(ii)

above and consent to the routine uses described in that notice.

If there exist any key employees or primary management officials who

have completed forms which did not contain the notice stated in clause

(ii) above, then the Authority shall notify in writing such employees

and officials that they shall either:

(A)

complete a new application form that contains a notice

regarding false statements; or

(B)

sign a statement that contains the notice regarding false

statements.

Information required from an applicant. Each application for key

employees and primary management officials shall request from each

applicant the following information set forth at 25 C.F.R. § 556.4(a)(1) – (14):

(i)

full name, other names used (oral or written), Social Security

Number(s), birth date, place of birth, citizenship, gender, and all

languages (spoken or written);

(ii)

current and the previous five (5) years of business and employment

positions held, ownership interests in those businesses, business and

residence addresses, and driver’s license numbers;

(iii)

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 clause

(ii) above;

(iv)

current business, residence, and all mobile phone numbers;

(v)

a description of any existing and previous business relationships with

Indian tribes, including ownership interests in those businesses;

(vi)

a description of any existing and previous business relationships with

the gaming industry generally, including ownership interests in those

businesses;

(vii)

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;

(viii) 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 date and disposition, if any;

(ix)

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 date of disposition, if any;

(x)

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 clauses (viii) or (ix) above, the criminal charge, the name address of

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

(xi)

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;

(xii)

a current photograph;

(xiii) any other information the Authority deems relevant; and

(xiv)

(3)

fingerprints consistent with procedures adopted by the Band according

to 25 C.F.R. § 522.2(g).

Background investigations. The Authority shall perform a background

investigation for each primary management official and key employee in the

gaming operation or gaming enterprise. The investigation must be sufficient to

allow the Authority to make an eligibility determination under this section.

The Authority is responsible for conducting the background investigations of

primary management officials and key employees. The background

information shall include a review of criminal history records information

maintained by the Federal Bureau of Investigations.

(4)

Mandatory licensing procedures.

(i)

Fingerprints. Fingerprints of each applicant for the position of key

employee or primary management official will be taken by the

OGR&C and sent to either Minnesota Alcohol and Gambling

Enforcement or the NIGC for a check of criminal history records

maintained by the Federal Bureau of Investigations.

(ii)

File retention. When the Authority licenses a primary management

official or key employee, the Authority shall maintain the information

listed in § 308(c)(2) of this chapter.

(iii)

Confidentiality of interviewees. The Authority and its investigators

shall keep confidential the identity of each person interviewed in the

course of conducting a background investigation.

(iv)

Investigative reports.

(v)

(A)

The Authority shall create and maintain an investigative report

for each background investigation of a primary management

official or key employee.

(B)

Investigative reports shall include all of the following

information:

(I)

Steps taken in conducting the background investigation;

(II)

results obtained;

(III)

conclusions reached; and

(IV)

the bases for those conclusions.

Eligibility determinations.

(A)

Before a license is issued to a primary management official or

key employee, the Authority shall make a finding concerning

the eligibility of that person for receiving a gaming license by

reviewing the applicant’s prior activities; criminal record, if

any; and reputation, habits, and associations.

(B)

If the Authority, in applying the standards adopted herein,

determines that licensure of the 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, or activities in the conduct of gaming, he or

she shall not license that person in a key employee or primary

management official position.

(C)

(vi)

(vii)

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.

Notice of results of background investigations.

(A)

Before issuing a license to a primary management official or

key employee, the Authority shall prepare a notice of results of

the applicant’s background investigation to submit to the

NIGC.

(B)

The notice of results must be submitted to the NIGC no later

than 60 days after the applicant begins working for any gaming

enterprise or gaming operation.

(C)

The notice of results shall include the following information:

(I)

the applicant’s name, date of birth, and Social Security

Number;

(II)

the date on which the applicant began, or will begin,

working as a primary management official or key

employee;

(III)

a summary of the information presented in the

investigative report, including licenses that have

previously been denied, gaming licenses that have been

revoked, even if subsequently reinstated, every known

criminal charge bought against the applicant within the

preceding ten (10) years of the date of the application,

and every felony offense of which the applicant has

been convicted or any ongoing prosecution; and

(IV)

a copy of the eligibility determination made in

accordance with § 308(c)(4)(v) of this chapter.

Granting a gaming license.

(A)

All primary management officials and key employees of the

gaming operation or gaming enterprise must have a gaming

license issued by the Band.

(B)

The Authority is responsible for granting and issuing gaming

licenses to primary management officials and key employees.

(C)

The Authority 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 § 308(c)(4)(vi) of this chapter.

(D)

The Authority shall notify the NIGC of the issuance of a

license to a primary management official or key employee

within 30 days of issuance.

(E)

The Band shall not employ an individual in a primary

management official or key employee position who does not

have a license after 90 days of beginning work at the gaming

operation or gaming enterprise.

(F)

The Authority must reconsider a license application for a

primary management official or key employee if it receives a

statement of itemized objections to issuance of such a license

from the NIGC and those objections are received within 30

calendar days of the NIGC receiving a notice of results of the

applicant’s background investigation.

(G)

The Authority shall take the NIGC’s objections into account

when reconsidering a license application.

(H)

The Authority will make the final decision whether to issue a

license to an applicant for a primary management official or

key employee position.

(I)

If the Authority has issued a license to a primary management

official or key employee before receiving the NIGC’s

statement of objections, notice and a hearing shall be provided

to the licensee, as required by § 308(c)(4)(ix) of this chapter.

(viii) Denial of gaming licenses.

(A)

The Authority shall not license a primary management official

or key employee if the Authority determines, in applying the

standards in this section for making a license eligibility

determination, that licensing the person:

(B)

(ix)

poses a threat to the public interest;

(II)

poses a threat to the effective regulation of gaming; or

(III)

creates or enhances the dangers of unsuitable, unfair, or

illegal practices, methods, or activities in the conduct of

gaming.

When the Authority does not issue a license to an applicant for

a primary management official or key employee position, or

revokes a previously issued license after reconsideration, it

shall:

(I)

notify the NIGC; and

(II)

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 Record System.

Gaming license suspensions and revocations.

(A)

(x)

(I)

If, after a license is issued to a primary management official or

a key employee, the Authority receives notice from the NIGC

that the primary management official or key employee is not

eligible for employment, the Authority shall do the following:

(I)

immediately suspend the license;

(II)

provide the licensee with written notice of the

suspension and proposed revocation; and

(III)

provide the licensee with notice of a time and place for

a hearing on the proposed revocation of the license.

(B)

Following a revocation hearing, the Authority shall decide

whether to revoke or reinstate the license at issue.

(C)

The Authority shall notify the NIGC of its 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.

Standard for license denial. If the Authority, in applying the

standards of this chapter, determines that employment of a 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 and methods and activities in the conduct of gaming,

the Authority shall not employ that person as a key employee or

primary management official.

(d)

Licensing a privilege. Any gaming license, or finding of suitability or approval,

which is issued by the Authority, shall be deemed a privilege subject to suspension or

revocation.

(e)

Burden on applicant. The burden of proving an applicant's qualification to receive

any license hereunder is at all times on the applicant. Applicants must accept any risk

of adverse public notice, embarrassment, or other action which may result from the

application process and expressly waive any claim for damages as a result thereof.

(f)

Applicant claim of privilege. An applicant may claim any privilege afforded by law

in connection with a gaming license application or investigation, but a claim of

privilege with respect to any testimony or evidence pertaining thereto may constitute

sufficient grounds for denial, suspension, or revocation.

(g)

Release of information. All persons applying for a license shall agree to release all

information necessary in order for the Authority to achieve its goals under this

chapter, and to furnish such information to the Bureau of Indian Affairs, the NIGC, or

such other governmental agency as may be required by law or any tribal-state

compacts.

(h)

License investigations. The Authority may employ all reasonable means, including

engaging outside services and investigators and convening hearings, to acquire the

information necessary to determine whether or not a license should be issued,

suspended, or revoked. Applicants and licensees shall also agree to release all

information necessary in order for the Authority to achieve its goals under this section

and to furnish such information to the Authority, the NIGC, or other agency as may

be required by law or any tribal-state compacts. In conducting a background

investigation, the Authority and its agents shall promise to keep confidential the

identity of each person interviewed in the course of the investigation.

(i)

License fees. All gaming enterprises or gaming operations or persons applying for a

license, or the gaming enterprise or gaming operation associated with the license

applicant, shall be required to pay all applicable license fees and costs when due,

including a reasonable deposit for costs incurred in obtaining information in

connection with the license application, unless specifically waived in advance by the

Authority. Estimates of licensing costs shall be provided to applicants within a

reasonable period of time after a request is made. The Authority, prior to issuance of

the license, must receive all fees and costs, unless otherwise provided for in advance.

Such fees shall be included in the Detailed Gaming Regulations.

(j)

Appeals. All customers, vendors, licensees, and persons who have been denied a

license, or had their license suspended or revoked, may appeal pursuant to the

procedures detailed in this chapter and the Detailed Gaming Regulations.

(k)

Records retention of terminations. The Authority shall retain, for no less than three

(3) years from the termination date of any employee requiring a gaming license, the

following documentation:

(1)

application for licensing;

(2)

investigative reports;

(3)

eligibility determinations; and

(4)

any appeal records.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(d)(4).

Band Ordinance 25-13, § I.

Band Act 80-23.

§ 309. Compliance Determinations.

The Authority shall convene to consider a compliance recommendation within ten (10) days of

its receipt from the Director as required by § 402(b) of this chapter, unless, only for issues of

licensing, the Authority has received notice of intent to appeal directly to the District Court from

the person who has received notice of an adverse licensing recommendation. In addition to the

compliance recommendation, the Authority may consider any oral or written comments offered

by the parties that the Authority deems to be relevant. The Authority may consider any additional

information it determines to be necessary and appropriate to reach a determination. All

information considered by the Authority shall become part of the official record of the

proceedings. Based on substantial evidence contained in the official record, the Authority shall

make a compliance determination by accepting, rejecting, or modifying the compliance

recommendation. The Authority shall clearly state on the record its decision and the reasons

therefor. Compliance determinations shall be effective on the date made, unless the Authority

establishes a different effective date. In arriving at any compliance determination, the Authority

may employ the services of a hearing examiner to either make a recommendation for a

compliance determination or to issue a compliance determination on behalf of the Authority.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(d)(5).

Band Act 80-23.

§ 310. Independent Audits.

(a)

General. The Authority may cause to be conducted independent auditing by a

recognized independent accounting firm of each gaming enterprise or gaming

operation for compliance with Band gaming laws, the IGRA, and any tribal-state

compacts. The results of the audit shall be reported to the Band Assembly, the Chief

Executive, and, to the extent required by law, the NIGC or other governmental entity

possessing lawful oversight.

(b)

Annual Audits. The Authority shall cause to be conducted independent audits of

gaming operations or gaming enterprises annually in a manner that conforms to

generally accepted auditing standards. Copies of the annual audit of each licensed

gaming operation or gaming enterprise, and each audit for supplies, services, or

concessions of each gaming operation or gaming enterprise, shall be furnished to the

NIGC, the Band Assembly, and the Chief Executive within 120 days after the end of

each fiscal year of the gaming operation or gaming enterprise.

(c)

Contracts. Contracts related to class II or class III gaming that result in the purchase

of supplies, services, or concessions for more than $25,000.00 in any year, except

contracts for professional legal and accounting services, shall be specifically included

within the scope of any audit conducted under this section. The Authority may

include any other contract of a lesser amount within the audit if the contract is related

to class II or class III gaming.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(d)(6).

Band Act 80-23.

§ 311. Enforcement.

Any enforcement action taken shall be fair and reasonable under the circumstances, shall be

proportionate to the violation, and shall be designed to promote the goals of correction and

improvement, unless the violation is such that correction and improvement is not possible. Any

enforcement action taken by the Authority must be related to its gaming regulatory function. Any

such enforcement action shall be considered to be a compliance determination and, as such, is

appealable pursuant to subchapter 6 of this chapter. In a manner provided by a Detailed Gaming

Regulation, the Authority may hold such hearings, make such findings, and issue such orders as

may be necessary to enforce Band gaming laws, the IGRA, any tribal-state compacts, and other

applicable law, including but not limited to:

(a)

revoking or suspending any license issued to an individual, gaming supplier, or

gaming enterprise or gaming operation as allowed by this chapter;

(b)

imposing civil fines reasonably proportionate to the activity being punished. Such

monies shall be deposited in the Band’s general fund. A fine schedule, including

minimum and maximum fine amounts, shall be included in the Detailed Gaming

Regulations; and

(c)

adding a person to a list of persons excluded from gaming enterprises or gaming

operation.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(d)(7).

Band Act 80-23.

§ 312. Limitations on Actions.

Any enforcement action of the Authority or order of the District Court pursuant to any appeal

shall be limited as follows:

(a)

The Authority is not authorized to order the cessation of operations of a gaming

enterprise or gaming operation. Such an order for cessation of operations of a gaming

enterprise or gaming operation may only occur upon:

(1)

recommendation by majority vote of the Authority to the Joint Session of the

Band Assembly that a gaming enterprise or gaming operation be closed, citing

the specific cause for which closure is being recommended and the conditions

under which the cause of closure shall be determined remedied, thereby

allowing the reopening of the gaming enterprise or gaming operation; and

(2)

a super-majority vote of four (4) out of five (5) members of the Joint Session

of the Band Assembly ordering closure of a gaming enterprise or gaming

operation citing the specific cause for which closure is being recommended

and the conditions under which the cause of closure shall be determined

remedied, thereby allowing the reopening of the gaming enterprise or gaming

operation.

(b)

All claims by patrons against a gaming enterprise or gaming operation shall be

limited to a maximum recovery of $10,000.00 per claim and a cumulative limit of

$20,000.00 per patron per year, regardless of the number of claims.

(c)

All claims by vendors or gaming suppliers against a gaming enterprise or gaming

operation shall be limited to the amount of the contract between the vendor or gaming

supplier and the gaming enterprise or gaming operation that is the subject matter of

the claim. However, this provision is subject to the existence of an effective waiver of

sovereign immunity pursuant to Mille Lacs Band Statutes. Under no circumstances

shall punitive or other damages, costs, and fees be ordered.

(d)

All claims involving denial, suspension, or revocation of a gaming license shall be

limited to an award of specific performance of granting or reinstating such license.

No monetary award shall be awarded on a license claim.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(d)(8).

Band Act 80-23.

§ 313. Excluded Persons.

(a)

Exclusion list; creation; effect. Subject to the criteria and procedures of this section,

the Authority shall establish and maintain an exclusion list. Individuals whose names

appear on the exclusion list shall not be allowed to enter any gaming enterprise or

gaming operation or participate in any class II or class III gaming operated by any

gaming enterprise or gaming operation, whether on behalf of the Band or an Indian

charitable organization.

(b)

Duty to exclude. It shall be the duty of the Corporate Commissioner and the manager

of each gaming enterprise or gaming operation to exclude or eject from a gaming

enterprise any person whose name appears on the exclusion list. Any associate of a

gaming enterprise or gaming operation who knows or has reason to know that an

excluded person has entered or is attempting to enter a gaming enterprise or gaming

operation shall be responsible for notifying appropriate staff and taking such other

action as is within the scope of the associate’s authority and responsibility to exclude

or eject such person.

(c)

Distribution and availability of exclusion lists. The Authority shall maintain a list

of persons to be ejected or excluded from gaming enterprises or gaming operations. It

shall be the duty of the manager of each gaming enterprise or gaming operation to

inform the Corporate Commissioner in writing of the name of each person who the

manager reasonably believes meets the criteria for placement on the exclusion list as

established by subsection(d) below. The Corporate Commissioner, in turn, will

provide such names to the Director. The list shall be distributed to each gaming

enterprise or gaming operation. The list shall be made available to law enforcement

agencies if properly subpoenaed or upon request based upon a documented law

enforcement need for the list. The following information, to the extent known, shall

be provided for each excluded person:

(1)

the full name, date of birth, and all aliases;

(2)

a physical description;

(d)

(e)

(3)

the effective date the person's name was placed on the list;

(4)

a photograph, if available;

(5)

the person's occupation and current home and business address;

(6)

the specific reason for exclusion;

(7)

the date, if any, exclusion will expire; and

(8)

such other information as may be deemed necessary by the Director or the

Authority.

Criteria for exclusion or ejection and placement on an exclusion list. The

Authority may, based upon the recommendation of the Director, or the Director by

emergency enforcement order subject to the provisions of § 402(c) of this chapter,

place a person on the exclusion list pending a hearing by the Authority if:

(1)

such person has been convicted, in any jurisdiction, of any felony crime that

brings into question the person’s honesty and integrity, including but not

limited to shoplifting, theft, robbery, burglary, embezzlement, conspiracy to

commit a crime, or of a gambling-related crime;

(2)

such person has violated or conspired to violate any provisions of the IGRA,

Band gaming laws, any tribal-state compacts, and other applicable law;

(3)

such person has a notorious or unsavory reputation which would adversely

affect public confidence and trust in gaming. The list of which acts constitute

such reputation shall be included in the Detailed Gaming Regulations;

(4)

her or his name appears on any valid and current exclusion list from another

jurisdiction and the reason for exclusion from such other jurisdiction would

also be likely to cause exclusion from Band gaming enterprises or gaming

operation;

(5)

pursuant to § 706 of this chapter, the person requests to be excluded, by means

which allows the Authority to positively identify the person, due to a

demonstrable gambling problem.

Procedure for entry of names.

(1)

The Director of the Office of Gaming Regulation and Compliance shall

investigate all matters concerning whether or not a person should be placed on

the exclusion list. Upon a determination that a person satisfies any of the

criteria listed in § 313(d) of this chapter, the person shall be deemed a

candidate for exclusion and the Director shall prepare and submit a

compliance recommendation as to whether the person's name should be added

to the exclusion list and forwarded to the Authority for action. Such

recommendation shall include the identity of the candidate and the nature and

scope of the circumstances or reasons that such person should be placed on

the exclusion list. Pursuant to § 402(b)(2) of this chapter, notice of the

recommendation must be given to the person who is the subject of the

recommendation and that person must be informed of the opportunity to offer

oral or written testimony to the Authority concerning the recommendation. All

testimony to the Authority shall be provided under oath or sworn affidavit and

shall be subject to Band criminal prohibitions against perjury under 24 MLBS

§ 1204.

(2)

If the Authority or subsequent review by District Court finds in favor of the

candidate or excluded person, then her or his name shall be removed from the

excluded list and her or his exclusion shall be terminated as of the date of the

action by the Authority or the District Court. If the finding is against the

candidate or excluded person, then her or his name shall be placed on the

exclusion list. If no hearing is requested, then the person's name may be

placed on the exclusion list. The Authority may place a person on the

exclusion list either permanently or temporarily. If a person is placed on the

exclusion list temporarily, then the Authority shall clearly state the period of

time that the person will be on the exclusion list.

(f)

Removal from the exclusion list. Any person who has been placed on the exclusion

list may petition the Authority in writing, not more frequently than once every six (6)

months, that her or his name be removed from the list.

(g)

Confidential data. The exclusion list shall be classified as confidential limited

availability data.

(h)

Immediate removal of disorderly persons. A gaming enterprise or gaming

operation may immediately remove and bar re-entry of any person who engages in, or

is reasonably believed likely to engage in, disruptive or unruly behavior, or any other

behavior which presents a danger to the health, welfare, morals, or the public peace.

The manager of the gaming enterprise or gaming operation may seek to have such a

removed and barred individual placed on the exclusion list.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(d)(9).

Band Act 80-23.

§ 314. Regulatory Role.

The Authority is to serve in a regulatory role, not in an operations role, in connection with

gaming activities conducted by any gaming enterprise or gaming operation. The scope of the

Authority's authority is limited strictly to the powers and duties specifically enumerated in

§§ 304 through 313 of this chapter.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(d)(10).

Band Act 80-23.

§ 315. Patron Dispute Resolution.

The Authority is authorized to promulgate Detailed Gaming Regulations governing patron

dispute resolutions.

Historical and Statutory Notes

Source:

Band Act 80-23.

§ 316. Budget.

The Authority shall have budget and expenditure authority independent of gaming operations or

gaming enterprise. Funding for the Authority shall be adequate to allow the Authority to perform

the task of gaming regulation. Such funding for the Authority shall conform to Band

appropriation laws and shall not be reliant on the discretion of any management official of a

gaming enterprise or gaming operation who is subject to regulation of the Authority.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 11(e).

Band Act 80-23.

§ 317. Legal Counsel.

The Authority is permitted to hire its own legal counsel independent of the Solicitor General.

Any legal counsel hired under this provision may advise both the Board and OGR&C.

Historical and Statutory Notes

Source:

Band Act 80-23.

SUBCHAPTER 5

OFFICE OF GAMING REGULATION AND COMPLIANCE; DIRECTOR

OF GAMING REGULATION AND COMPLIANCE

Section

401. Establishment; Appointment; Qualifications; Removal and Suspension.

402. Powers and Duties.

403. Regulatory Role.

§ 401. Establishment; Appointment; Qualifications; Removal and Suspension.

(a)

Establishment. There is hereby established the OGR&C, which shall be under the

management and supervision of the Director, but subject to the ultimate control of the

Board.

(b)

Appointment of the Director. The Director shall be appointed by the Board by

majority vote and shall report to the Board as the Board requires.

(c)

Qualifications. The Director shall possess the following qualifications:

(1)

experience and training in management and regulatory enforcement of

sufficient scope, depth, and relevancy to enable her or him to direct the work

of the OGR&C;

(2)

high moral character with no conviction for a felony or any gambling-related

offense;

(3)

freedom from any conflict of interest created by outside business interest or

occupation; and

(4)

licensure as a primary management official.

(d)

Removal; suspension. The Director may be removed for cause as manifest by a

super-majority vote of four (4) out of five (5) of the Board Members, including the

Chairperson. In addition, if the Director is charged in any competent jurisdiction with

a felony or any gambling-related crime, the Chairperson shall immediately suspend

the Director with or without pay until the charges have been resolved.

(e)

Vacancy. If there is a vacancy for any reason, then the Chairperson shall immediately

appoint an Interim Director, until the Board convenes to appoint a Director.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 12(a).

Band Act 80-23.

§ 402. Powers and Duties.

(a)

Director.

(1)

Staff. The OGR&C shall provide staff, administrative, and office support to

the Authority. The Director shall appoint one (1) or more gaming compliance

officers, to whom he or she may delegate certain duties of the Director, and

hire such other employees or consultants as may be necessary to perform the

duties as set forth herein. All employee suspensions and terminations are

appealable to the Board.

(2)

Day-to-day operations. The Director shall be responsible for the day-to-day

operations of the OGR&C, subject to the authority of the Board, including:

(i)

enforcement of all applicable gaming laws and regulations at all

gaming enterprises or gaming operations;

(ii)

investigations of any matter within the scope of authority of the

Authority as described in subchapter 4 of this chapter, including but

not limited to performing or causing to be performed background

investigations necessary to determine if any applicant for a primary

management official, key employee or gaming supplier license

required by this chapter, or the Detailed Gaming Regulations adopted

by the Authority, meets the applicable licensure criteria;

(iii)

assisting the Authority in defending all decisions where an adversely

impacted license applicant files an appeal to such adverse decision;

(iv)

investigating and evaluating the effectiveness and efficiency of the

Band’s gaming regulatory system and recommending changes;

(v)

investigating and monitoring all gaming enterprises or gaming

operations for compliance with the IGRA, Band gaming laws, any

tribal-state compacts, and other applicable law upon receiving any

credible report of a violation of gaming statutes or regulations, or at

random or periodic intervals, with or without prior notification to the

management or associates of the subject gaming enterprise or gaming

operation;

(vi)

investigating all gaming-related patron and vendor complaints

concerning a gaming enterprise or gaming operation that have not been

resolved between the complainant and the gaming enterprise or

gaming operation after full exhaustion of attempts to amicably settle

the matter and make a compliance recommendation to the Authority

concerning the matter;

(vii)

investigating and monitoring all gaming enterprises or gaming

operations for compliance with compulsive gambling cure and

prevention requirements;

(viii) investigating and monitoring for compliance with all rules concerning

charitable gaming;

(ix)

investigating, monitoring, and assisting in all matters concerning the

maintenance and enforcement of a list of persons to be excluded from

gaming enterprises or gaming operations;

(x)

at the request of the Authority, assisting the Authority in:

(xi)

(A)

the execution of any authorized enforcement actions;

(B)

the preparation and defense of any appeal taken from any

compliance determination; and

(C)

the preparation of the annual budget which is to be submitted

to the Band Assembly for direct appropriation for Authority

activities; and

hiring and supervising the gaming compliance officers and other

personnel of the OGR&C.

(3)

Access to data and files of any gaming enterprise or gaming operation.

The Director shall have access to all areas, records, files, and data of any

gaming enterprise or gaming operation, and may interview any associate of

any gaming enterprise or gaming operation with respect to matters relating to

the operation of any gaming enterprise or gaming operation without first

notifying the associate’s supervisor or any other employee of any gaming

enterprise or gaming operation, and shall have access to the results of

background investigations carried out pursuant to subchapter 4 of this chapter

or the Detailed Gaming Regulations adopted by the Authority.

(4)

Gaming compliance officers. Gaming compliance officers shall be

considered key employees for purposes of background investigations and

licensing. Gaming compliance officers shall be responsible for performing

investigations and otherwise assisting the Director in carrying out the duties

specified herein. The Director may delegate to gaming compliance officers

any of the Director’s powers and duties, except the power to appoint gaming

compliance officers.

(b)

(c)

(5)

Security of records and access to offices. The OGR&C shall take all

measures necessary to safeguard and track records. In addition, access to the

offices of the OGR&C shall be strictly controlled to assure security and

maintain adequate separation of gaming regulation and gaming operations or

gaming enterprises.

(6)

Agent for service of process. The Director shall be the designated agent for

service of any official determination, order, or notice of violation.

Compliance recommendations; notice; time; content.

(1)

Compliance recommendation. The Director shall submit a compliance

recommendation to the Board Members and the persons stated in paragraph

(2) below, which shall summarize the facts and state whether or not the

license should be granted, suspended, or revoked; whether or not the

documented practices and procedures satisfy the relevant statutes and

regulations; and recommend appropriate corrective, enforcement, or other

responsive action.

(2)

Notice; time; content. The Director shall submit the written compliance

recommendation within five (5) days to each Board Member, the Corporate

Commissioner, the licensee or license applicant if the compliance

recommendation involves a license denial, suspension, or revocation, and any

vendor or patron who is the subject of a compliance recommendation for each

investigation carried out pursuant to § 308(h) of this chapter. The notice shall

state that the compliance recommendation will be heard by the Board prior to

issuance of a compliance determination pursuant to § 309 of this chapter and

contain a copy of the Authority’s procedures for issuing of a compliance

determination. In addition, the notice shall state that all parties have the right

to legal counsel at the party’s own expense, the right to appear before the

Authority, the right to review the record upon which the initial compliance

recommendation was made, and may supplement the record with additional

information if deemed relevant by the Board.

Emergency enforcement orders. If the Director finds that there is an immediate

threat to Band assets, or that probable cause exists to believe that a crime has been or

is about to be committed, the Director may, by emergency order, immediately impose

any legitimate regulatory enforcement or corrective action within the scope of the

Authority’s authority which is proportional to the harm such emergency order seeks

to remedy. Emergency orders shall be in writing, and the Director shall immediately

forward any such order, along with a supporting compliance recommendation, to the

Authority and the Corporate Commissioner in the manner provided by § 313(d) of

this chapter. The Authority shall act on any such order and compliance

recommendation in the same manner provided by § 313(e) of this chapter, except that

it shall convene to consider the order and compliance recommendation within three

(3) days of having received the emergency order and supporting compliance

recommendation. In any such proceeding, the compliance determination of the

Authority shall supersede the Director’s emergency order.

(d)

Due process protections. Nothing in this chapter waives or diminishes any gaming

enterprise’s or gaming operation’s or individual’s rights to due process and equal

protection of the laws.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 12(b).

Band Act 80-23.

§ 403. Regulatory Role.

The OGR&C is to serve in a regulatory role, not in an operations role. As such, the scope of the

Director's authority is limited strictly to the powers and duties specifically enumerated in

subchapter 5 of this chapter and to those powers and duties specifically granted to the Authority

in subchapter 4 of this chapter, which have been specifically delegated to the Director by the

Authority, including those limitations of actions described in § 312 of this chapter.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 12(c).

Band Act 80-23.

SUBCHAPTER 6

APPEALS

Section

501. Who May Appeal.

502. Effecting an Appeal.

503. Procedure on Appeal; Standard of Review.

§ 501. Who May Appeal.

(a)

A Person who has been denied reversal of an adverse compliance recommendation or

denied any other relief requested from the Authority may appeal such compliance

determination or final enforcement order to the District Court.

(b)

A person who has received a compliance recommendation that recommends a license

denial, suspension, or revocation may directly appeal to the District Court. If a person

takes such action, then he or she waives any right to receive a compliance

determination from the Authority.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 13(a).

Band Act 80-23.

§ 502. Effecting an Appeal.

Any appeal shall be filed with the District Court and must be filed within 20 days after the date

of the issuance of a compliance determination, final order, or a compliance recommendation that

denies, suspends, or revokes a license.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 13(b).

Band Act 80-23.

§ 503. Procedure on Appeal; Standard of Review.

(a)

The District Court shall sit without a jury, confine its review to the Authority record,

and apply an abuse of discretion standard. The filing of briefs and oral argument must

be made in accordance with the Band rules governing civil cases.

(b)

The District Court may affirm the compliance determination or order of the

Authority, remand the case for further proceedings, or reverse the compliance

determination or order if the substantial rights of the petitioner have been prejudiced

because the decision is:

(1)

in excess of the statutory authority or jurisdiction of the Authority;

(2)

made upon unlawful procedure;

(3)

unsupported by any evidence; or

(4)

plainly in error.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 13(c).

Band Act 80-23.

SUBCHAPTER 7

DATA PRIVACY

Section

601. General Rule.

602. Confidential Data.

603. Temporary Classification.

604. Information Sharing.

§ 601. General Rule.

All Authority data shall be public unless classified by a Band statute, regulation, or order, or by

federal law, as confidential data. The Authority shall adopt and promulgate detailed and thorough

rules pursuant to data privacy in its Detailed Gaming Regulations.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 14(a).

Band Act 80-23.

§ 602. Confidential Data.

(a)

Confidential limited availability data. Confidential limited availability data shall

consist of background investigations information, confidential financial information,

compliance recommendations information, personnel data, and whether or not a

person is on the exclusion list.

(1)

Background investigation information shall be available only in a case where

information revealed through a background investigation is, in whole or in

part, the basis for an adverse decision regarding a license applicant or license

renewal. The information contained in such background investigation shall be

made available to the license applicant or the person seeking license renewal

if so requested.

(2)

Compliance recommendations information shall be available only to the

extent that the Authority adopts a compliance recommendation or accepts the

record developed by the Director supporting a compliance recommendation.

All information accepted or relied upon in such a manner shall be public.

(3)

(b)

The availability of information regarding whether a person is on the exclusion

list is limited to the receipt of such information by the person who is on the

exclusion list or her or his agent pursuant to 25 C.F.R. § 515.8.

Confidential restricted availability data. Confidential restricted availability data

shall consist of financial information on a gaming enterprise or gaming operation,

information on a pending compliance recommendation, information on a pending

license application, security information, and trade secret information.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 14(b).

Band Act 80-23.

§ 603. Temporary Classification.

(a)

(b)

Authority. The Authority may, on its own motion or at the request of the Director,

temporarily classify Authority data as confidential data if it determines that:

(1)

the data for which the temporary classification is sought has been treated as

private or confidential by Corporate Ventures or other agencies of the Band or

by the federal government; or

(2)

a compelling need exists for immediate temporary classification, which, if not

granted, could adversely affect the public interest or the health, safety, or

well-being of the subject of the data.

Ratification. No later than July 1 of each year, the Authority shall submit all

temporary classifications then in effect to the Corporate Commissioner for review.

The Corporate Commissioner may comment on the classification and the Authority

shall consider the comments of the Corporate Commissioner in reaching its decision.

If the Corporate Commissioner fails to act by July 1 of the year following the

submission of a temporary classification hereunder, then the classification shall

thereupon expire.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 14(c).

Band Act 80-23.

§ 604. Information Sharing.

The Authority may, on its own motion or at the request of the Director, share information with

any regulatory agency of another gaming jurisdiction or any law enforcement agency where it is

determined that sharing such information is in the best interest of the Band, where the agency

with whom the information is to be shared assures that the shared information will remain

confidential, if the other gaming jurisdiction agrees to share such information with the Band, and

if sharing the information is not contrary to any applicable law.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 14(d).

Band Act 80-23.

SUBCHAPTER 8

COMPULSIVE GAMBLING

Section

701. Policy.

702. Program Content and Responsibility.

703. Counseling Resources; Referrals.

704. Associate Training.

705. Patron Information and Education.

706. Exclusion.

§ 701. Policy.

Although gambling is an enjoyable form of entertainment for most people, the Band recognizes

that some people may have difficulty keeping their gambling within reasonable limits. The Band

is committed to helping these people to deal constructively with their actual or potential

gambling problems, and in furtherance of this goal it has established the Mille Lacs Problem

Gambling Prevention Program described in this section.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 15(a).

Band Act 80-23.

§ 702. Program Content and Responsibility.

(a)

The Problem Gambling Prevention Program shall consist of the following elements:

(1)

a referral system;

(b)

(2)

associate training;

(3)

patron information and education; and

(4)

exclusion.

The Director, in consultation with the Corporate Commissioner subject to the review

and approval of the Authority, shall develop and update as necessary a Problem

Gambling Prevention Program. The Corporate Commissioner, subject to the oversight

of the Director, shall implement the program in all gaming enterprises or gaming

operations.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 15(b).

Band Act 80-23.

§ 703. Counseling Resources; Referrals.

The referral system of the Problem Gambling Prevention Program shall be based on a current,

computerized directory of organizations and individuals that have a reputation for providing

effective assistance for individuals with gambling problems. The system shall include a process

for referring patrons who seek help with such problems to resources listed in the directory and

for encouraging them to take advantage of such resources.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 15(c).

Band Act 80-23.

§ 704. Associate Training.

Problem Gambling Prevention Training shall be provided to all casino associates who have

regular contact with patrons. This training program, which shall be provided as part of the

associate orientation program and require subsequent periodic in-service refreshers, shall include

but not be limited to the following:

(a)

a description of the Problem Gambling Prevention Program;

(b)

the nature, extent, and effects of compulsive gambling;

(c)

how to recognize the warning signs of potential and actual gambling problems; and

(d)

techniques for intervening constructively with problem gamblers.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 15(d).

Band Act 80-23.

§ 705. Patron Information and Education.

(a)

Generally. Patrons shall be provided information on the Problem Gambling

Prevention Program by signs and in promotional materials as provided in this section.

(b)

Signs. Signs that clearly and in plain language inform patrons about how to obtain

assistance in dealing with gambling problems shall be prominently posted at the

following locations in each gaming enterprise or gaming operation:

(c)

(1)

at each entrance and exit;

(2)

at any check cashing facility within the gaming enterprise or gaming

operation;

(3)

near any ATM cash machines at the gaming enterprise or gaming operation;

and

(4)

any other locations as determined by the Corporate Commissioner.

Promotional material. The Problem Gambling Prevention Program shall contain

guidelines and suggestions for including messages about responsible gambling, the

need for assistance to address problem gambling behavior, and the sources of such

assistance. The Director shall monitor the promotional materials and campaigns of

each gaming enterprise or gaming operation to ensure that such messages are being

included to the extent appropriate and, in cooperation with the Corporate

Commissioner, take such action as may be necessary to correct any deficiencies in

this regard.

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 15(e).

Band Act 80-23.

§ 706. Exclusion.

At the request of a patron who states that he or she may have a gambling problem, or at the

request of an immediate family member of a patron who alleges that the patron has a gambling

problem, the patron's name may be added to the exclusion list established pursuant to § 313(e).

Historical and Statutory Notes

Source:

Band Ordinance 44-03, § 15(f).

Band Act 80-23.

CHAPTER 2

DEPARTMENT OF ATHLETIC REGULATION

Subchapter

1. Athletic Regulation

Section

801

SUBCHAPTER 1

ATHLETIC REGULATION

Section

801. Professional Boxing and Mixed Martial Arts.

802. Purpose of the Department of Athletic Regulation.

803. Jurisdiction of the Department of Athletic Regulation Commission.

804. Department of Athletic Regulation Commission.

805. No Right of Action.

806. Medical Standards.

§ 801. Professional Boxing and Mixed Martial Arts.

(a)

This subchapter and the Rules and Regulations shall constitute the entire professional

athletic activity laws, including amateur mixed martial arts (“MMA”), and regulations

of the Band. No professional boxing, sparring, amateur mixed martial arts, or other

professional athletic exhibitions shall be conducted, held, or given on the Mille Lacs

Band of Ojibwe Reservation, except in accordance with the provisions of this

subchapter and the Department’s Rules and Regulations adopted by the Department

of Athletic Regulation (“DAR”).

(b)

The DAR, through its Executive Director and Athletic Regulation Commission, shall

have the right to amend the Rules and Regulations as the need arises. The Band

Assembly reserves the right to approve or revoke any changes to the DAR Rules and

Regulations prior to implementation within 90 calendar days of receipt from the

DAR. If no formal action is taken within the 90 calendar days, the change is

automatically adopted.

Historical and Statutory Notes

Source:

Band Ordinance 45-06, § 1.

Band Ordinance 05-11, § I(2), Exh. A, § 801.

Band Ordinance 31-21.

§ 802. Purpose of the Department of Athletic Regulation.

(a)

With the exception of subsection (b), below, the purpose of the Department of

Athletic Regulation is to regulate, administer, and oversee the conduct of all

professional athletic, including professional boxing and amateur mixed martial arts,

events held on the Mille Lacs Band of Ojibwe Reservation for the purpose of

promoting the health, safety, and welfare of all persons engaged in such activities,

and that of Band Members and the public. The Department of Athletic Regulation

shall regulate such events through its Executive Director and Athletic

Commissioners.

(b)

The Department of Athletic Regulation (“DAR”) may, upon invitation from another

tribe or tribal entity, regulate a boxing or MMA event on behalf of such tribal entity

for the purpose of promoting professionalism and safety in the sport. All such

regulatory activities conducted on behalf of another tribe or tribal entity must be

compensated by that tribe or tribal entity that extended the invitation to the DAR in

an amount that is fair and reasonable, but no less than $2,000.00 per event. Any

monies earned in this manner by the DAR shall be deposited in the Band’s general

fund within five (5) calendar days of the event.

(c)

The DAR Executive Director and at least two (2) Commission members shall be

present at each place where amateur MMA or professional boxing, MMA or other

professional athletic activities are to be held pursuant to the provisions of this

subchapter. If the Executive Director is unable to attend such event due to illness or

for any other reason, the Athletic Regulation Commission members shall oversee the

regulation of such event.

Historical and Statutory Notes

Source:

Band Ordinance 45-06, § 2.

Band Ordinance 23-07, § I.

Band Ordinance 16-13, § 1.

Band Ordinance 31-21.

§ 803. Jurisdiction of the Department of Athletic Regulation Commission.

The Department of Athletic Regulation Commission shall have and is hereby vested with the

sole discretion, management, control, and jurisdiction over all amateur and professional boxing,

sparring, mixed martial arts, and other professional athletic exhibitions to be conducted, held, or

given on the Mille Lacs Band of Ojibwe Reservation, and other Band Lands, and over all

licensing of any and all persons who participate in such activities. All gyms, clubs, training

camps, and other organizations that provide training facilities for persons preparing for

participation in professional boxing, sparring, or mixed martial arts on Band lands are also

included.

Historical and Statutory Notes

Source:

Band Ordinance 45-06, § 3.

Band Ordinance 05-11, § I(2), Exh. A, § 803.

Band Ordinance 31-21.

§ 804. Department of Athletic Regulation Commission.

(a)

General. The Department of Athletic Regulation shall be managed by an Executive

Director and a five-member Board, referred to as the Athletic Regulation Commission

(“Commission”). At all times, there shall be at least one (1) Commissioner from each

District serving on the Athletic Regulation Commission. The Commission shall

consist of five (5) members appointed in the following manner and have staggered

terms as provided in subsection (b), below. The Commission shall have oversight of

the Executive Director.

(b)

Appointments process, terms, oath of office. Each Commissioner shall be

appointed using the following process:

(1)

The Chief Executive shall nominate two (2) individuals and submit their

names to the Secretary-Treasurer. Within ten (10) calendar days after receipt

of the nominations by the Secretary-Treasurer, the Secretary-Treasurer shall

ratify one (1) of the two (2) nominees to be a Commissioner on the Athletic

Regulation Commission. Such Commissioner shall serve until September 30,

2008. Any subsequent appointment, other than to fill a vacancy that occurs

prior to the end of a term, shall be for four (4) years.

(2)

The Secretary-Treasurer shall nominate two (2) individuals and submit their

names to the Chief Executive. Within ten (10) calendar days after receipt of

the nominations by the Chief Executive, the Chief Executive shall ratify one

(1) of the two (2) nominees to be a Commissioner of the Athletic Regulation

Commission. Such Commissioner shall serve until September 30, 2008. Any

subsequent appointment, other than to fill a vacancy that occurs prior to the

end of a term, shall be for four (4) years.

(c)

(3)

Each District Representative shall nominate two (2) individuals and submit

their names to the Chief Executive. Within ten (10) calendar days after receipt

of the nominations by the Chief Executive, the Chief Executive shall ratify

one (1) of the two (2) nominees to be a Commissioner of the Athletic

Regulation Commission. Such Commissioner shall serve until September 30,

2009. Any subsequent appointment, other than to fill a vacancy that occurs

prior to the end of a term, shall be for four (4) years.

(4)

If the Chief Executive or Secretary-Treasurer does not ratify one (1)

individual from any of the nominations sent to them within the time

prescribed, then the Band Assembly shall select a Commissioner by majority

vote.

(5)

If any person does not submit a nomination within 30 calendar days after a

vacancy has occurred, then the Band Assembly shall nominate two (2)

individuals by majority vote and submit their names to the Chief Executive for

ratification to the Athletic Regulation Commission. The timing and process

for ratification are as stated in clauses (1) and (4) above.

(6)

No person shall take office until swearing to the oath of office pursuant to

2 MLBS § 8.

Qualifications of Commissioners are as follows:

(1)

Commissioners shall be individuals who are of high moral character and

integrity, who have a reputation for being honest, fair, objective, and who are

recognized as possessing sound judgment.

(2)

It is preferred that Commissioners be individuals with an interest in boxing or

mixed martial arts or be individuals that have a background in amateur

boxing, wrestling, or mixed martial arts.

(3)

Commissioners may not have been convicted of a felony within ten (10) years

of the date of their appointment. Any Commissioner convicted of a felony

during their term shall be automatically removed for such cause.

(4)

No fewer than three (3) Commissioners shall be Band members. There shall

be at least one (1) Commissioner from each of the Band’s three (3) districts.

(5)

If the Corporate Commission or a Mille Lacs Band of Ojibwe gaming

enterprise acts as a promoter in any type of amateur or professional athletic

event to be regulated by the DAR, any Commissioner employed by the

Corporate Commission or Band gaming enterprise, will not participate in the

regulation of such event.

(6)

(d)

(e)

Commissioners shall be subject to criminal background investigations. The

Office of Solicitor General shall conduct the criminal background

investigation for the Athletic Regulation Commission and shall return the

results of an investigation to the Band Assembly within ten (10) business days

of notice of ratification.

Commission officers.

(1)

The Commission shall have a Chairperson, Vice-Chairperson, and a Secretary.

(2)

The Chairperson of the Commission shall be determined by a majority vote of

the elected officials and selected from one (1) of the current Commissioners

or, if there is a vacancy, the individual who is appointed to fill such vacancy.

(3)

The Vice-Chairperson shall be selected by the Commission by majority vote.

(4)

The Secretary shall be selected by the Commission by majority vote.

Board duties and responsibilities.

(1)

The Chairperson shall preside over meetings of the Commission and the ViceChairperson shall preside over meetings of the Commission in the absence of

the Chairperson. The Secretary shall record, in writing, the minutes of all

Board meetings and all official actions taken by the Commission. A copy of

the minutes may be provided to the Band Assembly and Chief Executive upon

request.

(2)

Commissioners shall serve part-time. The Commission shall meet a minimum

of once per month, but no more than twice per month.

(3)

Each Commissioner is responsible for reading and reviewing the DAR Rules

and Regulations, as well as this subchapter within 30 calendar days of her or

his appointment to the Commission.

(4)

As part of each Commissioner’s training, he or she shall, on a staggered basis,

assist in pre-bout and post-bout duties and responsibilities, including weighins, licensing, and payouts. Commissioners shall also work to ensure that all

rules and regulations are followed during each athletic event.

(5)

As part of each Commissioner’s training, he or she shall attend boxing

inspection training at their earliest opportunity after appointment.

Commissioners are also expected to take advantage of other types of trainings

that may be offered locally to enhance their knowledge of the unarmed

combat that they are appointed to regulate.

(f)

Vacancies.

(1)

The DAR or Chairperson shall notify the Band Assembly and Chief Executive

of any vacancy on the Commission at least 30 days prior to the end of term or,

in circumstances other than the end of a term, immediately upon the

knowledge that a vacancy will occur.

(2)

If there is a vacancy on the Commission, then the vacancy shall be filled in the

same manner as the vacating Commissioner who was originally appointed.

(3)

Any Commissioner, including the Chairperson, appointed to fill a vacancy

shall serve for the remainder of the vacant term. Any Commissioner may be

re-appointed during this time period pursuant to subsection (c).

(g)

Elected official. No elected official shall serve as a Commissioner during her or his

term of office.

(h)

Removal. A Commissioner may be removed by a super-majority vote of four (4) out

of five (5) members of the elected officials. The determination of the elected officials

is final and unappealable to the Court of Central Jurisdiction.

(i)

Compensation. Commissioners shall be paid $250.00 per attendance at official

Department of Athletic Regulation meetings or events, not to exceed $1,000.00 in one

(1) month. Mileage and other travel expenses will be compensated on the same terms

and conditions as applicable to Senior Executive Staff appointees as provided by

Band law. Commissioner stipends are restricted to her or his attendance at official

Department of Athletic Regulation meetings or events. For this subsection, “events”

shall mean a pre-planned professional or amateur combative sport match including,

but not limited to, boxing, mixed martial arts, and wrestling matches regulated by the

Department of Athletic Regulation within the jurisdiction of the Non-Removable

Mille Lacs Band of Ojibwe or as contracted with another federally recognized tribe.

(j)

Training.

(1)

Commissioners may attend one (1) or more training seminars per year during

their terms of membership. These seminars shall be sanctioned by the

Association of Boxing Commissioners (“ABC) or other professional boxing

or martial arts organization.

(2)

Commissioners attending mandatory training seminars, who are also

employees of the Band government, shall be compensated at their documented

rate of pay for each hour they are in attendance at such training, plus mileage,

and other travel expenses as stated in subsection (i) above. Commissioners,

who are also employees of the Band government, shall not be required to use

her or his accrued annual leave, but will be paid as if they were at work.

(3)

(k)

Commissioners who are not Band government employees and are required to

be absent from their employment to attend training pursuant to subsection

(j)(1) above, shall be compensated at their previously documented hourly rate

of pay, but not to exceed $15.00 per hour, for each hour that they are in

attendance at such training, plus mileage, and other travel expenses as stated

in paragraph (2) above.

Funding and Collection of Fees. The DAR shall be funded as follows:

(1)

From ticket sales of unarmed combat events, there shall be a 10/90 split

between the DAR and the appropriate Grand Casino budget. Ten percent shall

be assigned to the DAR budget through the Office of Management and

Budget.

(2)

The remaining budget requirements will be funded from Taxation Revenue to

be appropriated each and every year by Band government budget process.

(3)

If an unarmed combat promoter chooses to negotiate a “4-wall” deal with

Grand Casino, he or she shall be responsible for marketing and sale of tickets

for such unarmed combat event. The promoter shall negotiate with Grand

Casino as to all other matters except regulation. For regulation of a “4-wall”

event, the promoter shall pay 10% of the gross ticket sales to the DAR, but not

to exceed $2,500.00. If any comp has the potential to impact the regulation

fee, the promoter shall be restricted to “comp” no more than 10% of the gross

ticket sales. Within ten (10) calendar days of the event, the promoter shall file

a written report with the DAR listing all ticket sales and comps of the “4-wall”

event.

(4)

The minimum payment to the DAR from a promoter for the regulation of any

unarmed combat “4-wall” event shall be $1,000.00. Such amount shall be paid

according to the timeline established under the DAR Rules and Regulations.

Historical and Statutory Notes

Source:

Band Ordinance 45-06, § 4.

Band Ordinance 05-07.

Band Ordinance 23-07, § II.

Band Ordinance 05-11, § I(2), Exh. A, § 804.

Band Ordinance 31-21.

Band Ordinance 34-21.

§ 805. No Right of Action.

This subchapter does not create any right, cause of action, or benefit enforceable at law or in

equity by any individual, entity, or party against the Non-Removable Mille Lacs Band of

Ojibwe, its representatives, elected officials, Athletic Department, or the Commission.

Historical and Statutory Notes

Source:

Band Ordinance 45-06, § 5.

Band Ordinance 31-21.

§ 806. Medical Standards.

For each World Championship Event and all televised events, there shall be two (2) ringside

physicians present at each professional boxing or mixed martial arts (“MMA”) or other

professional athletic event. For all other non-championship athletic events or non-televised

events, there shall be one (1) ringside physician present. At the earliest opportunity, all such

physicians shall be registered with and attend training sessions with the American Association of

Professional Ringside Physicians (“AAPRP”). All ringside physicians must be licensed in the

United States and have professional qualifications suitable to professional boxing or mixed

martial arts. Accepted medical background includes, but is not limited to, internal medicine,

neurology, or general practice. All regulations adopted with the passage of this subchapter shall

be followed.

Historical and Statutory Notes

Source:

Band Ordinance 45-06, § 6.

Band Ordinance 23-07, § III.

Band Ordinance 05-11, § I (2), Exh. A, § 806.

CHAPTER 3

BAND MEMBER LEGAL SERVICES

Section

901. Definitions.

902. Band Member Legal Services.

903. Number and Appointment of Directors.

904. Removal of Directors.

905. Qualifications of Directors.

906. Term of Office.

907.

908.

909.

910.

911.

912.

Organization of the Board.

Managing Attorney of Band Member Legal Services.

Duties of the Managing Attorney of Band Member Legal Services.

Service Area of Band Member Legal Services.

Limitations on Representation by Band Member Legal Services.

Declination and Termination of Representation.

§ 901. Definitions.

The following terms are defined for the purposes of this chapter:

(a)

“Board” means the board of directors of Band Member Legal Services.

(b)

“Director” means a member of the board.

(c)

“Drug crime” means any federal crime involving the possession or sale of illicit

drugs, a state first or second-degree controlled substance crime, or any other crime for

the sale of an illicit drug.

(d)

“Good cause” means any reason set forth in the personnel policy manual established

under 6 MLBS § 1 or any reason recognized under the common law.

(e)

“Indigent defense services” means legal representation provided to those individuals

who qualify to receive legal representation, whether free or otherwise, under the

standards promulgated by the board.

(f)

“Tribal public defender” means an attorney employed by or contracted with Band

Member Legal Services for the purpose of providing indigent defense services.

Historical and Statutory Notes

Source:

Band Ordinance 41-22.

§ 902. Band Member Legal Services.

Band Member Legal Services shall be an independent entity established to provide indigent

defense services to Band members, whose funding shall be provided by appropriations by the

Band Assembly and, to the extent possible, by charitable or grant funds provided by outside

entities. Band Member Legal Services shall be under the administrative control of the board.

Historical and Statutory Notes

Source:

Band Ordinance 41-22.

§ 903. Number and Appointment of Directors.

The board shall consist of five (5) directors, who shall be appointed as follows:

(a)

one (1) director appointed by the District I Representative;

(b)

one (1) director appointed by the District II Representative;

(c)

one (1) director appointed by the District III Representative;

(d)

one (1) director appointed by the Chief Executive; and

(e)

one (1) director appointed by the Chief Justice.

Historical and Statutory Notes

Source:

Band Ordinance 41-22.

§ 904. Removal of Directors.

Directors may be removed for good cause by the individual by whom the director was appointed

to the board. A vacancy caused by removal or for any other reason shall be filled in a timely

manner by the relevant appointing individual as identified under § 903.

Historical and Statutory Notes

Source:

Band Ordinance 41-22.

§ 905. Qualifications of Directors.

(a)

(b)

Directors must be:

(1)

attorneys licensed to practice law in the State of Minnesota, under the laws of

the Band, or both, and in good standing with the bar of the relevant

jurisdiction or jurisdictions during their term; or

(2)

non-attorneys who have training or experience in the legal field, including

former or current paralegals, legal secretaries, court staff or officials, nonattorney law school graduates, guardians ad litem, and law students.

At least three (3) directors shall be licensed attorneys.

(c)

A candidate for the board whose professional license has ever been revoked for any

reason shall disclose the revocation and the reasons for the revocation in her or his

application materials. Failure to do so shall be reasonable grounds to deny an

applicant membership on the board or to remove a sitting director.

Historical and Statutory Notes

Source:

Band Ordinance 41-22.

Band Act 06-25.

§ 906. Term of Office.

(a)

Initially, the directors appointed under § 903(a) and (b) shall expire on December 31

of 2021 and on this date every three (3) years hence, the term of the directors

appointed under § 903(c) and (d) shall expire on December 31 of 2022 and on this

date every three (3) years hence, and the term of the director appointed under § 903(e)

shall expire on December 31 of 2023 and on this date every three (3) years hence.

(b)

All directors after the initial directors shall serve three (3) year terms. The term of

office for directors shall begin on January 1 of the calendar year in which the

appointment was due to be made and shall end on December 31 of the final year of

the director’s three (3) year term.

(c)

Any director appointed to fill a vacancy in the board shall serve until December 31 of

the year in which that position on the board would normally be filled. At that time,

the term will be completed and the appointing individual shall make an appointment

for a full three (3) year term in that position.

Historical and Statutory Notes

Source:

Band Ordinance 41-22.

§ 907. Organization of the Board.

(a)

Duties of the Board. The board shall have the following duties:

(1)

to take all actions necessary and appropriate to implement the provisions of

this chapter;

(2)

to develop standards governing the delivery of indigent defense services,

including:

(b)

(i)

standards governing eligibility for indigent defense services;

(ii)

standards for maintaining and operating regional tribal public defender

officers, if any regional tribal public defender offices are established;

(iii)

standards prescribing minimum experience, training, and other

qualifications for tribal public defenders;

(iv)

standards for tribal public defender caseloads;

(v)

standards for the evaluation of tribal public defenders;

(vi)

standards for independent, competent, and efficient representation of

clients whose cases present conflicts of interest; and

(vii)

such other standards as are necessary and appropriate to ensure the

delivery of adequate indigent defense services;

(3)

to establish regional tribal public defender offices, if determined to be

necessary and appropriate;

(4)

to adopt bylaws;

(5)

to approve and submit to the Band Assembly a biennial budget request;

(6)

to avoid interfering with attorney-client relationships or directing legal

outcomes in matters involving Band Member Legal Services attorneys or

clients; and

(7)

to refrain from sharing with others information obtained or learned at Band

Member Legal Services board meetings or related to a Band Member Legal

Services matter, except with express consent of the board. Breach of this duty

constitutes good cause to remove the director from the board.

Meetings.

(1)

Regular meetings. Regular meetings of the board shall be held at least

quarterly and upon written notice. The dates and forms of regular meetings

shall be set by official action of the board.

(2)

Special meetings. Special meetings of the board may be called by the

chairperson with a minimum of 48 hours written notice to the board members,

by the managing attorney with a minimum of 48 hours written notice to the

chairperson, or by a majority vote of the board with 48 hours written notice to

the chairperson.

(3)

Other. Either regular or special meetings may be called by petition of a

majority of a quorum of the board members other than the chairperson upon

48 hours written notice to the chairperson.

(4)

Alternative meeting arrangements. Regular or special meetings may be

conducted by telephone, video or web conference, or similar means.

(5)

Notice. The chairperson must provide the board members with 48 hours

written notice prior to convening any meeting under this subsection.

(6)

Consent presumed. A member’s participation in a meeting described herein

without explicit objection will constitute consent to the manner in which such

a meeting is conducted.

(c)

Quorum. Three (3) board members shall constitute a quorum.

(d)

Voting.

(1)

All actions of the board shall be taken by majority vote.

(i)

(e)

The chairperson shall vote only in the following circumstances:

(A)

To break a tie; or

(B)

If necessary, to constitute a quorum in the absence of other

board members.

Board Officers. The board shall have a chairperson, vice-chairperson, and secretary.

(1)

Selection.

(i)

Chairperson. The members shall select from among themselves, by

majority vote, a chairperson. The chairperson shall serve for a period

of no longer than two (2) years, unless re-appointed by the members.

(ii)

Vice-chairperson. The members shall select from among themselves,

by majority vote, a vice-chairperson. The vice-chairperson shall serve

for a period of no longer than two (2) years, unless re-appointed by the

members.

(iii)

Secretary. The board may select a member or an employee of Band

Member Legal Services to act as secretary of the board. The secretary

shall serve for a period of no longer than two (2) years, unless reappointed by the board. An employee acting as secretary at the request

of the board is not a board member and has no powers of a member.

(f)

Compensation of Board. Members, including the chairperson, shall be compensated

with $400.00 per meeting, not to exceed $800.00 in one (1) month, except that in the

case of a demonstrated emergency, the chairperson may petition the SecretaryTreasurer for compensation for additional meetings. Mileage and other travel

expenses will be compensated on the same terms and conditions as apply to Senior

Executive Staff appointees as provided by Band law.

Historical and Statutory Notes

Source:

Band Ordinance 41-22.

Band Act 06-25.

§ 908. Managing Attorney of Band Member Legal Services.

The board shall appoint a managing attorney who must be chosen on the basis of relevant

training, experience, and such other qualifications considered appropriate. The managing

attorney must be an attorney licensed and eligible to practice law in the State of Minnesota or

under the laws of the Band. The managing attorney shall serve a two-year term from his or her

date of appointment and may be removed prior to completion of his or her term for good cause

by a majority vote of the board.

Historical and Statutory Notes

Source:

Band Ordinance 41-22.

§ 909. Duties of the Managing Attorney of Band Member Legal Services.

The managing attorney shall have the following duties:

(a)

to attend all meetings of the board as a non-voting member;

(b)

to assist the board in developing standards for the delivery of adequate indigent

defense services;

(c)

to administer and coordinate delivery of indigent defense services and supervise

compliance with board standards;

(d)

to recommend the establishment of regional tribal public defender offices, if

determined to be necessary and appropriate;

(e)

to conduct regular training programs for tribal public defenders;

(f)

to hire, subject to policies and procedures established by the board, professional,

technical, and support personnel, including attorneys to serve as tribal public

defenders, considered reasonably necessary for the efficient delivery of indigent

defense services;

(g)

to prepare and submit to the board a proposed annual budget for the provision of

indigent defense services;

(h)

to prepare and submit to the board an annual report containing pertinent data on the

operations, needs, and costs of Band Member Legal Services and any other

information that the board may require;

(i)

to adopt a personnel policy for human resources purposes, which must be approved

by the board; and

(j)

to perform other duties as assigned by the board.

Historical and Statutory Notes

Source:

Band Ordinance 41-22.

§ 910. Service Area of Band Member Legal Services.

(a)

General. Band Member Legal Services shall have a service area including the

counties of Aitkin, Crow Wing, Hennepin, Mille Lacs, Morrison, Pine, and Ramsey.

(b)

Child custody proceedings. Band Member Legal Services shall have a service area

including all counties in Minnesota for child custody proceedings as defined by

25 U.S.C. §1903 and child protection matters as state in Title 8, Chapter 13 – Child

Protection.

Historical and Statutory Notes

Source:

Band Ordinance 41-22.

Band Act 23-23.

§ 911. Limitations on Representation by Band Member Legal Services.

(a)

Band Member Legal Services may represent Band members in all civil matters in

administrative hearings, tribal court, state court, and federal court.

(b)

Band Member Legal Services may represent Band members in criminal matters in

tribal court, state court, and federal court, provided that:

(1)

the charge or charges do not implicate an act against another Band member;

(2)

the representation is in accordance with any standards promulgated by the

board; and

(3)

the representation is not for a charge that constitutes a drug crime, unless it is

a first-time possession offense that is a charge of second or lesser degree.

Historical and Statutory Notes

Source:

Band Ordinance 41-22.

§ 912. Declination and Termination of Representation.

(a)

(b)

Band Member Legal Services may decline or terminate representation of a

client to the extent permissible under:

(1)

§ 911 of this Chapter; or

(2)

the Minnesota Rules of Professional Conduct.

If Band Member Legal Services declines or terminates representation pursuant

to paragraph (2) of subsection (a) of this section, the director shall, in a

manner consistent with the Minnesota Rules of Professional Conduct, assign

another attorney to provide representation.

Historical and Statutory Notes

Source:

Band Act 23-23.

CHAPTER 4

TRIBAL EMPLOYMENT RIGHTS OFFICE

Subchapter

1. General Provisions

2. Admiration; Mille Lacs Band of Ojibwe Tribal

Employment Rights Office

3. Preference in Employment and Contracting

4. Fees

Section

1001

1011

1021

1031

Compliance Plan, Notice, and Contract

Prohibition of Employment Discrimination

Employee Wage and Hour

Occupational Safety and Health of Employees

Enforcement

1041

1051

1061

1071

1081

SUBCHAPTER 1

GENERAL PROVISIONS

Section

1001. Policy.

1002. Purpose.

1003. Severability.

1004. Definitions.

§ 1001. Policy and Findings.

(a)

It is the policy of the Band to provide a preference in employment and contracting to

members of the Band and other federally recognized Native American tribes, and to

prioritize the hiring of certain individuals within the preferred group.

(1)

This policy applies to employment and contracting by the Band’s government,

including all branches, departments, and agencies thereof; by all Band-owned

entities while they are engaged in commercial or economic activities on behalf

of the Band on or near the Reservation; and by all persons and entities doing

business with the Band, including subcontractors of persons or entities

contracting with the Band, on or near the Reservation.

(2)

This policy is intended to further the Band’s overriding interests in selfgovernment, self-sufficiency, and economic development; directed to the

participation of the governed in the Band’s governing bodies and in its

commercial and economic activities; intended to make the Band’s government

and its commercial and economic activities more responsive to the needs of its

constituents; and intended to provide for the economic security and

employment of members of the Band and of other federally recognized Native

American tribes and to overcome the effects of past discrimination against

such persons.

(3)

Economic insecurity and unemployment are serious impediments to the

health, morale, and welfare of the Band. Employment and contracting

opportunities with the Band’s government, Corporate Commission, and with

Band-owned entities and other persons and entities doing business with the

Band on or near the Reservation, are important resources for members of the

Band and of other federally recognized Native American tribes, who have

historically suffered from discrimination in employment and contracting

opportunities. As a result, Anishinaabe and Indigenous people living on or

near the Band’s Reservation have unique and special employment rights under

federal law, and the Band is obligated to implement those rights.

(b)

Subject to the policy described in subsection (a) of this section, all employees subject

to the Band’s jurisdiction are entitled to a workplace environment that prohibits

employment discrimination and nepotism, protects employees’ wages, and promotes

health and safety.

(c)

The provisions of this chapter are critically important to the health and welfare of

members of the Band and of other federally recognized Native American tribes,

especially those residing on or near the Reservation. Unemployment and

underemployment rates within the boundaries of the Reservation are consistently

many times higher than the national and state averages. This pervasive unemployment

and underemployment have directly contributed to serious social problems and a

lower quality of life for members of the Band and of other federally recognized

Native American tribes residing on or near the Reservation and impeded the selfgovernance objectives of the Band.

(d)

The Band declares that the public good and the welfare of the Band require the

enactment of this chapter, which is enacted pursuant to the Band’s inherent sovereign

and political powers, in order to increase employment of and the number of

businesses owned by members of the Band and of other federally recognized Native

American tribes, and to protect the workforce rights of Anishinaabe or Indigenous

employees and non-Native employees within the jurisdiction of the Band.

Historical and Statutory Notes

Source:

Band Ordinance 15-14, Title III, Exhibit A, § 401.

Band Ordinance 41-22.

Band Act 06-26.

§ 1002. Purpose.

This chapter is adopted by the Band, under its inherent sovereign and political powers, for the

following purposes:

(a)

to promulgate Band laws and regulations governing employment relations and

contracting preference within the Band’s jurisdiction;

(b)

to establish the Band’s Tribal Employment Rights Office in order to enforce the

Band’s laws governing employment preference and priority and contracting

preference, and to protect the rights of all members of the Band, members of other

federally recognized Native American tribes, and all other employees within the

Band’s jurisdiction;

(c)

to increase the employment of members of the Band and of other federally

recognized Native American tribes;

(d)

to eradicate employment discrimination, protect employees’ wages, and protect

employees’ health and safety within the Band’s jurisdiction;

(e)

to provide a fair, enforceable, and effective system of preferences and priorities in

contracting and sub-contracting as it relates to the provision of supplies, services,

labor, and materials to the Band’s government and to Band-owned entities and other

persons or entities doing business with the Band, including subcontractors of persons

or entities contracting with the Band, on or near the Reservation; and

(f)

to supersede all other provisions of Band law that are inconsistent with the

provisions of this chapter.

Historical and Statutory Notes

Source:

Band Ordinance 15-14, Title III, Exhibit A, § 402.

Band Ordinance 41-22.

Band Act 06-26.

§ 1003. Severability.

If any provision of this chapter, or the application thereof to any person, business, corporation,

circumstance, or government, including any agency or political subdivision thereof, is held

invalid, the invalidity shall not affect any other provision or application of this chapter that can

be given effect without the invalid provision or application, and to this end the provisions of this

chapter are declared severable.

Historical and Statutory Notes

Source:

Band Ordinance 15-14, Title III, Exhibit A, § 403.

Band Ordinance 41-22.

Band Act 06-26.

§ 1004. Definitions.

Unless otherwise provided in this section, all words in this chapter shall be construed according

to their ordinary meaning. The following terms are defined for purposes of this chapter.

(a)

“Adverse action” means an action taken to try to keep an individual from opposing

a discriminatory practice or from participating in an employment discrimination

proceeding. Adverse actions include termination, refusal to hire, denial of promotion,

threats, unjustified negative evaluations, unjustified negative references, increased

surveillance, or any other action, such as assault or unfounded civil or criminal

charge, that are likely to deter reasonable people from pursuing their rights.

(b)

“Anishinaabe” or “Indigenous” or “Native” or “Native American” refers to a

member of a federally recognized Native American tribe.

(c)

“Anishinaabe or Indigenous certified entity” means an entity, certified by the

TERO Commission, in which 51% or more of the ownership interests are held by

one (1) or more Anishinaabe or Indigenous persons and in which daily management

and control is provided by one (1) or more Anishinaabe or Indigenous persons.

(d)

“Band” means the Mille Lacs Band of Ojibwe, a federally recognized Native

American tribe, and includes the Band’s government, including all branches,

departments and agencies thereof.

(e)

“Commission” or “TERO Commission” means the Commission of the Tribal

Employment Rights Office.

(f)

“Commission Member” or “Member” means a director serving on the TERO

Commission, appointed under § 1011 of this chapter.

(g)

“Compliance plan” means a document submitted by all covered employers and

approved by the TERO Director. The compliance plan describes the necessary

qualifications for each position subject to this chapter and further details the steps

that covered employers will take to ensure full TERO compliance.

(h)

A “Conflict of interest” means a situation that occurs when a TERO Commission

Member is in a position to influence a decision that may result in a personal gain for

that Member or for a Member of his or her immediate family.

(i)

“Core crew” means regular, permanent employees in supervisory or other key

positions where an employer would face serious financial loss if the positions were

filled by persons who had not previously worked for that employer.

(j)

“Covered employer” means the Band and any entity, company, contractor, subcontractor, corporation, or other business doing business on or near the Reservation,

with the Band or the Corporate Commission, including subcontractors of persons or

entities contracting with the Band or the Corporate Commission, that employs for

wages or other remuneration two (2) or more employees. Corporate Commission is

considered a covered employer under this chapter unless otherwise designated.

(k)

“Days” means calendar days, including holidays and weekends, unless otherwise

indicated.

(l)

“Director” or “TERO Director” means the director of the Band’s Tribal

Employment Rights Office.

(m)

“Disability” means, with respect to an individual:

(1)

a physical or mental impairment that substantially limits one (1) or more major

life activities of such individual;

(2)

a record of such an impairment; or

(3)

the state of being regarded as having such an impairment.

An impairment does not have to be permanent to rise to the level of a disability.

Temporary impairments that take significantly longer than normal to heal, longterm impairments, or potentially long-term impairments of indefinite duration

may be disabilities if they are severe.

(n)

“Elected officials” means the Mille Lacs Band Chief Executive, SecretaryTreasurer, and District Representatives.

(o)

“Immediate family” means a spouse, biological or adopted child, a member of a

person’s household, and a person’s mother, father, and siblings.

(p)

“Nepotism” means a conflict of interest involving the hiring, employing, promoting,

transferring, upgrading, or recalling an immediate family member who works for the

Band or for the Corporate Commission.

(q)

“Person” shall include any natural person and any partnership, association,

corporation, legal representative, trustee, or receiver.

(r)

“Reasonable cause” means facts or actions that would lead a reasonable person to

conclude that a violation has occurred given the totality of the circumstances.

(s)

“Reasonable commuting distance” means the distance that a person seeking

employment could reasonably commute to and from work, and for the purposes of

this chapter shall be 100 miles one-way.

(t)

“Reservation” means all lands within the exterior boundaries of the Mille Lacs

Band Reservation as established by the Treaty of 1855, 10 Stat. 1165, all lands held

in trust by the United States for the benefit of the Minnesota Chippewa Tribe, the

Band or individual members of the Band, which are subject to the jurisdiction of the

Band, and all lands owned by the Band which are located within one (1) of the

districts designated in 2 MLBS § 11.

(u)

“Substantial benefit” means a significant and appreciable advantage or positive

outcome.

(v)

“TERO” means the Band’s Tribal Employment Rights Office established by this

chapter.

Historical and Statutory Notes

Source:

Band Ordinance 15-14, Title III, Exhibit A, § 404.

Band Ordinance 07-17, § 4.

Band Ordinance 41-22.

Band Act 06-26.

SUBCHAPTER 2

ADMINISTRATION; MILLE LACS BAND OF OJIBWE TRIBAL

EMPLOYMENT RIGHTS OFFICE

Section

1011. TERO Commission and Recusal of Commission Members.

1012. Powers and Duties of the TERO Commission; Compensation.

1013. Tribal Employment Rights Office; Director.

1014. Powers and Duties of TERO Director.

1015. Intergovernmental Relationships.

§ 1011. TERO Commission and Recusal of Commission Members.

(a)

TERO Commission Members. The TERO Commission is a governing board and

shall provide oversight of TERO in accordance with this chapter. At all times there

shall be at least one (1) Member on the Commission from each Band district

established by 2 MLBS § 11. The Commission shall consist of seven (7) Members as

appointed under paragraph (1) below. Four (4) Board Members shall constitute a

quorum.

(1)

Appointment Process; Terms.

(i)

The Chief Executive shall nominate four (4) individuals and submit

their names to the Secretary-Treasurer. Within 15 business days after

receipt of the nominations by the Secretary-Treasurer, the Secretary-

Treasurer shall ratify two (2) of the four (4) nominees to be Members

of the Board.

(2)

(ii)

Each District Representative shall nominate two (2) individuals and

submit their names to the Chief Executive. Within 15 business days

after receipt of the nominations by the Chief Executive, the Chief

Executive shall ratify one (1) of the two (2) nominees to be a Member

of the Board.

(iii)

The Secretary-Treasurer shall nominate four (4) individuals and

submit their names to the Chief Executive. Within 15 business days

after receipt of the nominations by the Chief Executive, the Chief

Executive shall ratify two (2) of the four (4) nominees to be Members

of the Board.

(iv)

If the Chief Executive or the Secretary-Treasurer do not ratify one (1)

from any of the nominations sent to them within the time prescribed,

then the Band Assembly shall select such member by majority vote.

(v)

If any elected official does not submit a nomination within 30

calendar days after a vacancy has occurred, then the Band Assembly

shall nominate two (2) individuals by majority vote and submit their

names to the Chief Executive for ratification to the Board within ten

(10) calendar days of receipt.

(vi)

No member shall take office until swearing to the oath of office

pursuant to 2 MLBS § 8.

(vii)

Members appointed by the Chief Executive and District 1

Representative shall serve until December 1, 2018, and Members

appointed by the Secretary-Treasurer, District II Representative, and

District III Representative shall serve until December 31, 2020. Any

subsequent appointment, other than to fill a vacancy that occurs prior

to the end of a term, shall be for four (4) years.

Qualifications. Commission Members shall be public officials subject to the

Band’s Title 6 Ethics Code. At least three (3) of the Members shall have

education or experience in one (1) or more of the following areas:

(i)

human resources;

(ii)

tribal employment rights;

(iii)

construction management;

(iv)

career development and training;

(3)

(b)

(v)

regulatory enforcement; or

(vi)

auditing or investigations.

Officers. The TERO Commission Members shall select a Chairperson, ViceChairperson, and Secretary at the first meeting of the Commission, and

annually thereafter. The Chairperson shall preside at all meetings of the

Commission and shall be authorized to sign required documents in

accordance with the powers of the Commission.

Recusal of Commission Members. When confronted with a conflict of interest,

TERO Commission Members shall announce the nature of the conflict and recuse

themselves from any corresponding vote.

Historical and Statutory Notes

Source:

Band Ordinance 15-14, Title III, Exhibit A, § 405.

Band Ordinance 07-17, § 5.

Band Ordinance 41-22.

Band Act 06-26.

§ 1012. Powers and Duties of the TERO Commission; Compensation.

(a)

The TERO Commission has the full power, jurisdiction, and authority:

(1)

to take all actions necessary and appropriate to implement the provisions of

this chapter;

(2)

to interpret this chapter and any regulations adopted hereunder, subject to

judicial review;

(3)

to approve or reject any and all regulations formulated by the Director to

carry out the provisions of this chapter and to approve or reject the

amendment or rescission of any such regulations, provided that, except when

an emergency exists, the TERO Commission shall provide the public an

opportunity to comment at a meeting of the TERO Commission before

approving any such regulations or amendments or rescissions thereof;

(4)

to approve or reject the use of TERO funds through the approval of the

TERO budget, with ratification by the Band Assembly and Chief Executive

under 3 MLBS § 3(b), and any subsequent amendments or modifications that

may be required to carry out the provisions of this chapter;

(5)

to conduct hearings in accordance with such rules of practice and procedure

as may be adopted by the TERO Commission after providing the public an

opportunity to comment at a meeting of the TERO Commission;

(6)

to order any relief or sanctions authorized by this chapter, and to petition the

Band’s Court of Central Jurisdiction for such orders to enforce the decisions

of the TERO Commission and any sanctions imposed by the TERO

Commission, if necessary;

(7)

to make recommendations to the Band Assembly regarding amendments to

this chapter;

(8)

to establish a system for certifying firms as Anishinaabe or Indigenousowned businesses or Band-owned businesses;

(9)

to maintain a list of certified businesses;

(10)

to assist enrolled Band members in obtaining certification;

(11)

to ensure the TERO Director is coordinating training and mentorship

programs for enrolled Band members and Anishinaabe or Indigenous people;

(12)

to monitor all contracting activities on Band lands in consultation with the

elected officials;

(13)

to inform the Band government, Band entities, employers, and contractors

and assist in presentations to the public on the requirements of this chapter

with respect to Anishinaabe or Indigenous employment and contact

preference and priority requirements;

(14)

to oversee the certified businesses receiving invitations to bid on contracts;

(15)

to ensure the TERO director establishes, oversees, and regularly updates a

comprehensive Band labor surplus pool and refers enrolled Band members

and other Anishinaabe or Indigenous people to an employer or contractor for

employment considerations;

(16)

to assist procurement officers or delegated agents in the designation of

contracts appropriate for the set aside program;

(17)

to develop and maintain an audit and reporting system which measures the

effectiveness of the preference and priority policy in this chapter in meeting

its employment preference and priority goals and objectives;

(18)

to establish procedures for TERO’s regulatory proceedings;

(19)

to establish procedures, forms, and policies necessary to carry out the

purposes of the chapter; and

(20)

(b)

to enforce any employment and procurement laws and regulations in

accordance with this chapter.

Compensation. Commission Members may receive a stipend for attendance at

regular and special meetings in the amount of $400.00 per meeting, but payment of

such stipend shall be limited to two (2) meetings per month. Commission Members

shall be reimbursed for actual expenses incurred on Commission business, including

necessary travel expenses, in a manner consistent with applicable Band policies and

procedures. Compensation for the attendance of trainings and conferences shall be

considered a separate meeting for each day.

Historical and Statutory Notes

Source:

Band Ordinance 15-14, Title III, Exhibit A, § 406.

Band Ordinance 07-17, § 6.

Band Ordinance 41-22.

Band Act 06-26.

§ 1013. Tribal Employment Rights Office; Director.

There is hereby established the Tribal Employment Rights Office as an agency of Band

government. The TERO Director shall be an employee of TERO under the direct supervision of

the TERO Commission and shall have the powers and duties prescribed in § 1014 of this

chapter.

Historical and Statutory Notes

Source:

Band Ordinance 15-14, Title III, Exhibit A, § 407.

Band Ordinance 07-17, § 7

Band Ordinance 41-22.

Band Act 06-26.

§ 1014. Powers and Duties of TERO Director.

The Director shall have the following powers and duties:

(a)

to formulate, amend, and rescind regulations and rules necessary to carry out the

provisions of this chapter, subject to the approval of the Commission;

(b)

to implement and enforce the provisions of this chapter, as well as any properly

adopted regulations;

(c)

to hire staff, expend designated funds from a budget approved by the TERO

Commission, with ratification by the Band Assembly and Chief Executive under

3 MLBS § 3(b), and obtain and expend funding from federal, state, and other

sources;

(d)

to maintain a list of current covered employers, current employer permits and work

permits issued, and current Anishinaabe or Indigenous certified entities;

(e)

to maintain a record of all contracting projects subject to this chapter and the TERO

fees assessed for each project;

(f)

to approve or deny compliance plans submitted by covered employers;

(g)

to process applications for certification of Anishinaabe or Indigenous certified

entities by the Commission;

(h)

to grant TERO permits and collect TERO fees as authorized by this chapter, and to

report to the Commission on a quarterly basis the total fees collected as well as the

fee amounts collected from each employer;

(i)

to report quarterly at a Band Assembly meeting and to the Chief Executive’s Office

on a quarterly basis the total fees collected as well as the fee amounts collected from

each employer;

(j)

to establish training, mentorship, and workforce development programs, in

conjunction with other Band programs, for Band members and other Anishinaabe or

Indigenous people to assist them in obtaining and retaining employment;

(k)

to establish and maintain a Band labor surplus pool and refer enrolled Band members

and other Anishinaabe or Indigenous people to an employer or contractor for

employment considerations;

(l)

to process applications for and maintain a list of Band members and other

Anishinaabe or Indigenous people living on or near the Reservation who are

available for employment and to assist such persons with job placement; and

(m)

to contract with federal and state entities for the provision of additional job

procurement services and funding consistent with the purposes of this chapter.

(n)

to coordinate training and mentorship programs for enrolled Band members and

Anishinaabe or Indigenous people; and

(o)

to determine when the Band or the Corporate Commission has engaged in nepotism

and to pursue a remedy pursuant to this Chapter.

Historical and Statutory Notes

Source:

Band Ordinance 15-14, Title III, Exhibit A, § 408.

Band Ordinance 41-22.

Band Act 06-26.

§ 1015. Intergovernmental Relationships.

The TERO Commission, acting through the Director, is authorized to enter into cooperative

relationships with federal employment rights agencies, including but not limited to the federal

Equal Employment Opportunity Commission and the Office of Federal Contract Compliance

Programs, and with state employment rights agencies, such as the Human Rights Commission,

in order to eliminate discrimination against Anishinaabe or Indigenous people on and off the

Reservation, as well as to develop training programs for Anishinaabe or Indigenous people. The

Director may also enter into cooperative relationships with federal agencies, including but not

limited to the Bureau of Indian Affairs, the Department of Labor, the Federal Highway

Administration, and the Internal Revenue Service, in order to implement any federal

employment or other workforce rights, authorities, or requirements as such agency may lawfully

delegate to the Band.

Historical and Statutory Notes

Source:

Band Ordinance 15-14, Title III, Exhibit A, § 409.

Band Ordinance 41-22.

Band Act 06-26.

SUBCHAPTER 3

PREFERENCE IN EMPLOYMENT AND CONTRACTING

Section

1021. Anishinaabe or Indigenous Preference and Priority in

Hiring.

1022. Covered Employer’s Responsibilities.

1023. Core Crew.

1024. Anishinaabe or Indigenous Preference in Contracting.

1025. Anishinaabe or Indigenous Certified Entities.

1026. Applicability of Anishinaabe or Indigenous Preference in

Contracting.

1027. Other Preferences and Priorities to be Consistent.

1028. Corporate Commission Employment Goals.

§ 1021. Anishinaabe or Indigenous Preference and Priority in Hiring.

(a)

All covered employers shall give preference to Anishinaabe or Indigenous people

living on or near the Reservation in the hiring, promotion, training, and all other

aspects of employment on or near the Reservation, provided that these individuals

have the necessary qualifications. The priority for Anishinaabe or Indigenous hiring

preference is as follows:

(1)

Mille Lacs Band Member;

(2)

First generation Band member descendant;

(3)

member of another federally recognized Native American Tribe; and

(4)

all others.

(b)

Every covered employer shall encourage Anishinaabe or Indigenous people to seek

promotional opportunities. For every opening in a supervisory position, the employer

shall inform Anishinaabe or Indigenous workers about the position and encourage

them to apply.

(c)

No covered employer shall be permitted to maintain a position that no employment

opportunities exist in the fulfillment of

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