GAMING CONTROL BOARD (2026)

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PUEBLO OF LAGUNA

GAMING CONTROL BOARD

PROPOSED

REGULATIONS

Changes tracked to 12-9-2020 Regulations Currently In Place

EFFECTIVE DECEMBER 9, 2020{{__________ ___}}, 2026

Contents

PART 1

101.

102.

103.

104.

PART 2

201.

202.

203.

204.

PART 3

301.

302.

303.

304.

305.

306.

307.

308.

309.

310.

311.

312.

313.

PART 4

401.

402.

403.

404.

405.

406.

PART 5

INTERPRETATIVE RULES AND DEFINITIONS ............................................................................................... 1

Scope ........................................................................................................................................................ 1

Construction ............................................................................................................................................. 1

Severability ............................................................................................................................................... 1

Definitions.................................................................................................................................................. 1

ORGANIZATION AND OPERATION OF THE CONTROL BOARD ........................................................ 109

Scope. ................................................................................................................................................... 109

Organization of the Board .................................................................................................................. 109

Meetings ............................................................................................................................................... 109

Delegation of Authority..................................................................................................................... 1110

ENFORCEMENT ................................................................................................................................... 1413

Scope .................................................................................................................................................. 1413

Grounds for License Actions ............................................................................................................. 1413

Initiation of a License Action ............................................................................................................ 1413

Informal Consultation ........................................................................................................................ 1514

Assurance of Voluntary Compliance .............................................................................................. 1514

Settlement .......................................................................................................................................... 1514

Criminal Convictions as Grounds for Revocation or Fixed Suspension ....................................... 1514

Facts of Criminal Charge .................................................................................................................. 1514

License Action by TGRA .................................................................................................................... 1615

Summary Suspension ......................................................................................................................... 1615

Conditions Imposed by TGRA for Re-issuance of License ............................................................ 1716

Order of Temporary Closure ............................................................................................................. 1716

Self-Exclusion ...................................................................................................................................... 1817

FINES AND PENALTIES ......................................................................................................................... 2019

Scope .................................................................................................................................................. 2019

Review of Notice of Violation........................................................................................................... 2019

Civil Fine; Amount; Determination ................................................................................................... 2019

Procedures for Assessment of Civil Fines ......................................................................................... 2019

Reduction or Waiver of Civil Fine ..................................................................................................... 2120

Final Assessment................................................................................................................................. 2120

FEES...................................................................................................................................................... 2221

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501.

Scope .................................................................................................................................................. 2221

502.

Application, Renewal, and Investigative Fees .............................................................................. 2221

503.

Schedule of Fees ............................................................................................................................... 2221

504.

Supplemental Fees ............................................................................................................................ 2221

505.

Final Action ......................................................................................................................................... 2221

506.

Accounting of Fees ........................................................................................................................... 2221

PART 6 DECLARATORY ORDERS .................................................................................................................... 2322

601.

Scope .................................................................................................................................................. 2322

602.

Petition for Declaratory Order; Contents ........................................................................................ 2322

603.

Board Action on Petition ................................................................................................................... 2322

604.

Reconsideration and Appeal .......................................................................................................... 2322

PART 7 ISSUANCE OF REGULATIONS ............................................................................................................. 2524

701.

Scope .................................................................................................................................................. 2524

702.

Publication .......................................................................................................................................... 2524

703.

Draft Regulation, Comment Period ................................................................................................. 2524

704.

Adoption of Final Regulations .......................................................................................................... 2524

705.

Effective Date .................................................................................................................................... 2524

706.

Emergency Regulations .................................................................................................................... 2524

707.

Filing of Regulations ........................................................................................................................... 2625

708.

Public Hearings................................................................................................................................... 2625

PART 8 HEARINGS ........................................................................................................................................... 2726

801.

Scope .................................................................................................................................................. 2726

802.

Hearings .............................................................................................................................................. 2726

803.

Delegation to Hear Matter ............................................................................................................... 2726

804.

Hearing Procedures Generally—Contested Matters .................................................................... 2827

805.

Regulatory Hearings .......................................................................................................................... 2928

806.

Adjudicative Hearings ....................................................................................................................... 3231

807.

Telephonic Hearings .......................................................................................................................... 3433

808.

Subpoenas.......................................................................................................................................... 3534

809.

Decision .............................................................................................................................................. 3534

810.

Pueblo Court Review......................................................................................................................... 3534

811.

Public Hearings................................................................................................................................... 3534

PART 9 CONFLICT OF INTEREST ...................................................................................................................... 3635

901.

Scope .................................................................................................................................................. 3635

902.

Prohibitions on Giving Items of Value .............................................................................................. 3635

PART 10 LICENSING .......................................................................................................................................... 3736

1001. Scope .................................................................................................................................................. 3736

1002. Revocable Privilege .......................................................................................................................... 3736

1003. License Requirement: Gaming Employees ................................................................................... 3736

1004. Classification of Licenses .................................................................................................................. 3837

1005. License Application ........................................................................................................................... 4443

1006. Ineligibility to Apply............................................................................................................................ 4544

1007. Withdrawal of Application ............................................................................................................... 4645

1008. Background Investigation................................................................................................................. 4645

1009. Temporary Licenses ........................................................................................................................... 4746

1010. Drug Test ............................................................................................................................................. 4847

1011. Fingerprints.......................................................................................................................................... 4948

1012. Duration of License ............................................................................................................................ 4948

1013. Renewal of Licenses .......................................................................................................................... 4948

1014. Identification Badges; Gaming Licenses; Gaming Employee Credentials and Assets;

Separation or Suspension ................................................................................................................. 5049

1015. Right to Hearing ................................................................................................................................. 5251

1016. Approval of License .......................................................................................................................... 5251

1017. Lost or Missing Identification Badge or Gaming License: Reporting and Replacement ......... 5352

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1018. Disqualification Criteria ..................................................................................................................... 5452

1019. Applicants and Licensees: Provision of Information ...................................................................... 5655

1020. Requirements for Gaming Facility License ..................................................................................... 5655

1021. Gaming Facility License Application .............................................................................................. 5756

1022. Compliance with Health and Safety Codes .................................................................................. 5756

1023. Compliance with Provisions of the Compact ................................................................................ 5857

1024. Charitable Gaming ........................................................................................................................... 6059

1025. Other Gaming Prohibited ................................................................................................................. 6160

PART 11 GENERAL OPERATING REGULATIONS .............................................................................................. 6261

1101. Scope .................................................................................................................................................. 6261

1102. Responsibility of Licensee ................................................................................................................. 6261

1103. Discovery of Violations ...................................................................................................................... 6261

1104. Authorized Gaming ........................................................................................................................... 6261

1105. Unauthorized Gaming ....................................................................................................................... 6261

1106. Gaming Employee Reports .............................................................................................................. 6261

1107. Employment Actions: Effect on Gaming Licensees ..................................................................... 6261

1108. Employee Benefits and Grievance Procedures............................................................................. 6362

1109. Information to be Furnished by Licensee........................................................................................ 6362

1110. Inspections .......................................................................................................................................... 6463

1111. Payout Schedules .............................................................................................................................. 6463

1112. False Advertising ................................................................................................................................ 6463

1113. Patron Disputes .................................................................................................................................. 6463

1114. Special Rules of Conduct ................................................................................................................. 6564

1115. Transfers of Interest ............................................................................................................................ 6564

1116. Underage Gaming ............................................................................................................................ 6564

1117. Underage Employees........................................................................................................................ 6564

1118. Authorized Gaming Hours ................................................................................................................ 6564

1119. Complimentary Services or Items .................................................................................................... 6564

1120. Automated Teller Machines (ATM) .................................................................................................. 6665

1121. Check Cashing .................................................................................................................................. 6665

1122. Illegal Drugs; Abuse of Alcohol and Legal Drugs. ......................................................................... 6665

1123. Alcohol ................................................................................................................................................ 6766

1124. Central Computer Monitoring of Gaming Devices ....................................................................... 6867

1125. Credit .................................................................................................................................................. 6867

1126. Shipment of Gaming Equipment ..................................................................................................... 6867

1127. Authorized Gaming Machines and/or Gaming Devices ............................................................. 6968

1128. Banishment of Patrons and Other Persons by Gaming Enterprise or Gaming Operation ........ 6968

PART 12 TRIBAL INTERNAL CONTROL STANDARDS ......................................................................................... 7069

1201. Scope .................................................................................................................................................. 7069

1202. Adoption of Minimum Internal Control Standards......................................................................... 7069

1203. Tribal Internal Control Standards...................................................................................................... 7069

1204. Compliance ....................................................................................................................................... 7170

PART 13 ACCOUNTING .................................................................................................................................... 7271

1301. Accounting......................................................................................................................................... 7271

1302. Reporting ............................................................................................................................................ 7271

1303. Submission and Approval of Accounting System .......................................................................... 7372

1304. Amendments...................................................................................................................................... 7372

1305. Noncompliance................................................................................................................................. 7372

1306. Annual Audit Reports – Auditor Selection and Approval ............................................................. 7372

PART 14 CURRENCY TRANSACTIONS REPORTING ......................................................................................... 7574

1401. Compliance with Bank Secrecy Act ............................................................................................... 7574

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PART 1

INTERPRETATIVE RULES AND DEFINITIONS

101.

Scope

This Part sets forth the definitions of various terms used in these regulations and interpretive aids.

102.

103.

Construction

(a)

Nothing in these regulations shall be construed so as to conflict with any provision of the Gaming

Code, the Compact, or the IGRA.the IGRA, or lawful NIGC regulations. If a term used in these

regulations is defined in one of those sources of law, the term shall be interpreted in such a manner

as to not contravene that source.

(b)

The word “and” is always conjunctive. The word “or” generally is disjunctive but may also be

conjunctive (to avoid overuse of “and/or”). The Executive Director has the discretion in the first

instance to interpret any particular use of “or,” but the Board retains the final authority over

interpretation of its own regulations.

(c)

The Board recognizes that pronoun usage is a sensitive and evolving issue. Rather than trying to

anticipate what pronoun usage might be perceived as offensive or marginalizing over time, the

Board has elected to avoid the use of gendered singular pronouns altogether. “Its” is sometimes

used to encompass all Persons, including natural persons as well as business and other entities.

Severability

If any provisions of these regulations are held invalid, it shall not be construed to invalidate any other

provisions of these regulations.

104.

Definitions

When used in these regulations, the term:

(a)

“Applicant” means a natural person, entity, or organization, including an employee, agent, or

representative of any such person, entity, or organization that has begun the process of obtaining

a license issued by TGRA under the authority of the Board.

(b)

“Background Investigation” means an investigation into the criminal history, financial suitability, or

other background matter(s) of an Applicant for a license in order to establish suitability of the

Applicant to hold a gaming license.

(c)

“Board” means the Pueblo of Laguna Gaming Control Board or any individual duly authorized under

Section 204.

(d)

“Chair” means the chairperson of the Board.

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(e)

“Charitable Gaming” is Gaming Activity that promotes the health, education, or welfare of the

Pueblo or its members and that is for prizes of minimal value and may be conducted by, or on behalf

of, the Pueblo, its members, and other Pueblo entities on Pueblo lands.

(f)

“Class I Gaming” means:

(g)

(h)

(i)

(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 bingo or lotto (whether or not electronic, computer, or other technological

aids are used) when players:

(1)

Play for prizes with cards bearing numbers or other designations;

(2)

Cover numbers or designations when objects, similarly numbered or designated, are drawn

or electronically determined; and

(3)

Win the game by being the first person to cover a designated pattern on such cards;

(4)

If played in the same location as bingo or lotto, pull-tabs, punch boards, tip jars, instant

bingo, and other games similar to bingo;

(5)

Non-banking card games that:

(i)

State law explicitly authorizes, or does not explicitly prohibit, and are played legally

anywhere in the state; and

(ii)

Players play in conformity with state laws and regulations concerning hours,

periods of operation, and limitation on wagers and pot limits.

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

but not limited to:

(1)

Any house banking card games, including, but not limited to baccarat, chemin de fer,

blackjack (“21”), and pai gow (if played as house banking games);

(2)

Casino games such as roulette, craps, and keno; and

(3)

Any gaming devicesGaming Devices defined in Section 104(p) and electronic or

electromechanical facsimiles of any game of chance;

(4)

Any sports betting or pari-mutuel wagering, including, but not limited to, wagering on horse

racing, dog racing, or jai alai; or

(5)

Lotteries.

“Code” or “Gaming Code” means the Pueblo of Laguna Gaming Control Code, Chapter 1 of Title XIV

of the Pueblo of Laguna Code and effective September 1, 2013, and including any amendments

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approved by the Pueblo Council and the National Indian Gaming Commission.NIGC. The Gaming

Code is the “Ordinance” or “Gaming Ordinance” required by IGRA and its implementing regulations.

“Pueblo Code” means all Pueblo law.

(j)

“Compact” means the Indian Gaming Compact between the Pueblo of Laguna and the State of New

Mexico, regarding which notice was published in the Federal Register by Department of the Interior

on October 23, 2015, and any approved amendments or successor agreementsagreement(s)

thereto.

(k)

“Disciplinary Proceedings” means those procedures undertaken by the Board to suspend or revoke

any license issued by it, to levy a civil fine or penalty against any Licensee, or to otherwise sanction

violations of gaming laws and these regulations.

(l)

“Distributor” means any person that sells, leases, markets, offers, or otherwise distributes a gaming

device for use or play on Pueblo Lands.

(k)

“Fixed Suspension” means a suspension of a gaming license for a fixed period of time and is

recommended by TGRA under Section 204(b)(4) (or imposed directly by the Board, for example, as

an alternative to a recommended revocation). A “Fixed Suspension” is in contrast to a “Summary

Suspension” imposed by TGRA under Section 310. If “suspension” is used alone without “Fixed” or

“Summary” preceding it, it means both types of a suspension, unless the context or a separate

definition requires otherwise.

(m)(l)

“Game” means any game played with cards, dice, equipmentGaming Equipment or any gaming

deviceGaming Device for cash or any other thing of value, including, without limitation, any banking

or percentage game or any other game or device approved by the Board.

(n)(m) “Gaming” means Class II Gaming, Class III Gaming, or other game of chance involving prize, chance

and consideration, except for Class I Gaming.

(o)(n) “Gaming Activity” means all forms of Class II Gaming and Class III Gaming conducted by a Gaming

Operation on Pueblo Lands.

(p)(o) “Gaming Device” Means(or “Gaming Machine”) means:

(1)

(2)

Any so-called slot machine or any other machine or mechanical device an essential part of

which is a drum or reel with insignia thereon, video screen and/or

(i)

Which when operated may deliver, as result of the application of an element of

chance, any money or property, or

(ii)

By the operation of which a person may become entitled to receive, as the result

of the application of an element of chance, any money or property; or

Any other machine or mechanical device (including, but not limited to, roulette wheels and

similar devices) designed and manufactured primarily for use in connection with gambling,

and

(i)

Which when operated may deliver, as the result of the application of an element

of chance, any money or property, or

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(ii)

By the operation of which a person may become entitled to receive, as the result

of the application of an element of chance, any money or property; or

(3)

Any subassembly or essential part intended to be used in connection with any such

machine or mechanical device, but which is not attached to any such machine or

mechanical device as a constituent part.;

(4)

Provided, however, that if IGRA, other applicable law, or the Compact specifically requires

a different definition of Gaming Device or Gaming Machine, that definition shall be applied

to the extent necessary to comply with applicable law or the Compact.

(q)(p) “Gaming Employee” means a Key Gaming Employee or a Non-Key Gaming Employee. To be explicit,

independent contractor status does not preclude a person from being a Key Gaming Employee or

Non-Key Gaming Employee. The categorization is based on the person’s function(s), not on the

person’s classification as an “employee,” a “contractor,” or some other label.

(r)(q)

“Gaming Enterprise” means Laguna Development Corporation, a federally chartered corporation,

or any enterprise, corporation, or other entity wholly owned by the Pueblo and authorized to

conduct Gaming Activity in any Gaming Facility, or, for purposes of these regulations and where the

context dictates, a Management Contractor operating or managing all or part of a Gaming Facility

under a Management Contract.

(s)(r)

“Gaming Equipment” means any equipment, device, contrivance, or supplies, other than a Gaming

Device, used to conduct Class II or Class III gaming.

(t)(s)

“Gaming Facility” means the portions of a building or location in which Gaming Activity is conducted

or which are intended to be integrally related to a Gaming Activity.

The Board shall reasonably determine the extent of a Gaming Facility when applying the Gaming

Code and these regulations; provided, however, that when IGRA, other Applicable Lawapplicable

law, or the Compact specifically requires a different definition of Gaming Facility, that definition

shall be applied to the extent necessary to comply with Applicable Lawapplicable law or the

Compact.

(u)(t)

“Gaming License” means a license issued by TGRA or the Board under the Gaming Code and these

regulations. The uncapitalized word “license” means a Gaming License unless the context requires

otherwise.

(v)(u)

“Gaming Operation” means a division, department, or unit of a Gaming Enterprise that is

responsible for Gaming Activity or Gaming Revenues, including issuing the prizes and paying the

expenses in connection with the conduct of Gaming Activity. For purposes of these regulations,

unless the context dictates otherwise, a Gaming Operation includes any Management Contractor

having a Management Contract related to the Gaming Operation. A Gaming Enterprise is a “Gaming

Operation” for purposes of these regulations and the Gaming Code if the context so indicates.

(w)(v) “Gaming-Related Contract” means a contract or agreement providing for any goods, services, or

concessions to the Pueblo, a Gaming Operation, or a Management Contractor in connection with

the conduct of Gaming Activity in a Gaming Facility (but not including professional, legal, or

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accounting services) in an amount reasonably anticipated to be in excess of $10,000 in a calendar

year (or a greater amount established by the Board by regulation and calculated to protect the

integrity of Gaming Activities and the proceeds therefrom).Gaming Revenues). No Gaming-Related

Contract may be broken up into parts for the purpose of avoiding this definition and any

corresponding requirement of licensure or certification.

(x)(w) “Gaming Revenues” means all revenues of a Gaming Operation earned or collected at a Gaming

Facility. or from a Gaming Activity. If a Gaming Enterprise does not segregate clearly non-gaming

revenue from Gaming Revenues for accounting purposes, all such undifferentiated revenue shall

be considered Gaming Revenues.

(y)(x)

“Gaming Services” means the provision of any goods, services or concessions in connection with

any gaming to the pPueblo, Gaming Enterprise, or Management Contractor.

(z)(y)

“Gaming Systems” means computer hardware and software, including networking components,

used directly in the operation and monitoring of Gaming Activity or the accounting or management

of Gaming Revenues, excepting applications and data maintained by a government-regulated

financial institution.

(aa)(z) “Gaming-Related Contractor” means any pPerson who is a party to a Gaming-Related Contract as

defined in the Gaming Code but does not mean a Gaming Enterprise.

(bb)(aa) “IGRA” means the Indian Gaming Regulatory Act of 1988, 25 U.S.C. §§ 2701-2721 and 18 U.S.C.

§§ 1166-1168, including any amendments, and where appropriate all lawful regulations

promulgated thereunder.

(cc)(bb) “Immediate” or “without delay” means as soon as possible, delayed only by undertaking other

actions that are essential to the public safety or welfare.

(dd)(cc) “Key Gaming Employee” means:

(1)

any natural person employedretained by a Gaming Operation who falls within the

definitions of “Key Employee” or “Primary Management Official” under IGRA and its

implementing regulations, and also any natural person employedretained by a Gaming

Enterprise who falls within one of those definitions because of job responsibilities that

relate to a Gaming Operation, Gaming Activity, or Gaming Revenues, and

(2)

(2)

such other employees or retained persons as may reasonably be included by the

Board by regulation because they exercise significant responsibility or influence with

respect to a Gaming Activity or Gaming Revenues. All valet personnel shall also be

considered Key Gaming Employees unless expressly excluded by the Board by regulation or

order.

The distinction between Key and Non-Key Gaming Employees is addressed more fully in 1003(c).

(dd)

“License Action” means those procedures undertaken by the Board to suspend or revoke any

license issued by it, to levy a civil fine or penalty against any Licensee, or to otherwise sanction

violations of gaming laws, including these regulations. (When the lower case is used, a license

5

action means an action taken or decision made by TGRA as a result of a License Action, unless the

context dictates otherwise.)

(ee)

“License Application” means the series of steps required to seek a Gaming License from TGRA and

the Board, which generally includes one or more forms or other written submissions by the

Applicant, and one or more meetings, interviews, and information sessions. It may also include

requests for additional information from TGRA to the Applicant. A License Application is not

deemed complete until an Applicant finishes all of the required steps, although for reasons

consistent with applicable law and these regulations, TGRA may deny a License Application or

declare the Applicant ineligible to apply at an earlier stage in the process if TGRA has already

received information that makes it clear that a license will not be granted or the Applicant has failed

to provide required information under these regulations within the reasonable time frame

established by TGRA. Only if the context requires, does “License Application” mean only the written

form or submission.

(ee)(ff) “Licensee” means a natural person, entity, or organization, including an employee, contractor,

subcontractor, agent or representative of any such person, entity or organization, holding a license

issued by the Board.

(ff)(gg) “Management Contract” means a contract between the Pueblo and the Management Contractor

or between a Management Contractor and a subcontractor to manage all or part of a gGaming

Enterprise.

(gg)(hh) “Management Contractor” means any pPerson who enters into a Management Contract with the

Pueblo, and. A Management Contractor is also a “Gaming Enterprise” or a “Gaming Operation” for

purposes of these regulations unless the context dictates otherwise.

(hh)(ii) “MICS” means the minimum internal control standards, whether controlling or published as

guidance, by the CommissionNIGC.

(ii)

“Moral Turpitude” means an act done contrary to honesty and good morals; it is an act of baseness,

vileness, or depravity in the private and social duties which a person owes to a fellow person or to

society in general.

(jj)

“NIGC” means the National Indian Gaming Commission.

(kk)

“Non-Gaming Contract” means a contract or other agreement reasonably anticipated to be in

excess of $10,000 in a calendar year (or a greater amount established by the Board by regulation

calculated to protect the integrity of Gaming Activity and the revenues therefrom) to provide any

goods, services, or concessions which are not directly related to a Gaming Activity but which are

for use or consumption

(ll)

(1)

by a Gaming Operation,

(2)

at a Gaming Facility, or

(3)

significantly by patrons of a Gaming Facility.

“Non-gaming Services” means the provision of any goods, services or concessions, which are not

connected to any gaming on Pueblo Lands, to the Gaming Enterprise, or Management Contractor.

6

(mm)

“Non-Gaming Employee” means an employee ofa natural person retained by a Gaming Enterprise

or Gaming Operation who is not a Key Gaming Employee or Non-Key Gaming Employee.

(nn)

“Non-Key Gaming Employee” means any person:

(1)

who is not a Key Gaming Employee;

(2)

who is employedretained either by

(a) a Gaming Operation or

(b) any employerthird-party business within a Gaming Facility;

and

(3)

whose employment includesresponsibilities include work in areas in which Gaming Activity

is conducted or in which cash or other valuable items or information relating to Gaming

Activity or Gaming Revenues are handled; provided, however, that position categories of

employees, such as beverage servers, barbacks, and similar employeespositions, whose

exposure to the Gaming Activity in such areas is limited and who awere not licensed by the

Board as of September 1, 2013 will not be licensed under this chapter unless at the express

direction of the Pueblo Council. Examples of such areas are a: cage, pit, drop and count

room, poker room, card and dice room, surveillance, administrative office, and player’s club

room.

EmployeesPersons whose employmentposition does not meet this definition or the definition of a

Key Gaming Employee are not licensed by the Board. Notwithstanding the foregoing, any employee

who is not a Key Gaming Employee but who is required to be licensed by the Board under Applicable

Lawapplicable law (excepting the Board’s regulations) or the Compact is nevertheless a Non-Key

Gaming Employee. The distinction between Key and Non-Key Gaming Employees is addressed

more fully in 1003(c).

(oo)

“Non-gaming Contractor” means any pPerson providing non-gaming services.

(pp)

“Patron” means any natural person frequenting a Gaming Facility and who must be at least 18 years

of age to enter and/or participate in Class II Gaming or non-gaming area, and who must be at least

21 years of age to enter and/or participate in a Class III Gaming or a Class III Gaming area.

(qq)

“Permanent license” means a license issued by TGRA for a set term, generally a year or two, after

appropriate investigation and approval. The word “permanent” therefore is used to contrast with

a “temporary” license, and a “permanent” license is nevertheless subject to an expiration date and,

in accordance with these regulations, revocation or suspension.

(qq)(rr) “Person” means any individual, partnership, corporation, company, or other legal entity.

(ss)

“Primary Position” means the main role or position held by a Licensee and for which a license is

issued, recognizing that through work sharing a Licensee may also perform other positions or roles

for a Gaming Operation.

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(rr)(tt) “Prizes of Minimal Value” means the aggregate amount of all prizes awarded or given in a single

gathering or session that is allowed by the Board by regulation not to exceed the greater of $5,000

or an amount allowable for similar activities under New Mexico law. The Board may authorize

raffles for prizes of greater amounts.

(ss)(uu) “Pueblo” means the Pueblo of Laguna, a federally recognized Indian tribe, its authorized officials,

agents, and representatives.

(tt)(vv) “Pueblo Council” means the Laguna Pueblo Council, the governing body of the Pueblo.

(ww)

“Pueblo Court” means the Pueblo of Laguna Tribal Court.

(uu)(xx) “Pueblo Lands” means

(1)

land with the exterior boundaries of the Laguna Reservation, or

(2)

land over which the Pueblo exercises governmental power and that is either:

(i)

held in trust by the United States for the benefit of the Pueblo or its members, or

(ii)

held by the Pueblo or its members subject to restriction by the United States

against alienation.

(vv)(yy) “Sensitive Area” means an area in which Gaming MachinesDevices, Gaming Equipment, Gaming

Systems, Gaming Revenues, and other potentially vulnerable Gaming Activity-related assets are

located, including but not limited to cage, pit, drop and count room, poker room, card and dice

room, surveillance, administrative office, player’s club room, shipping and receiving, and similar

areas as designated by TGRA, either temporarily or permanently. These regulations also sometimes

refer to “sensitive or restricted areas,” which include Sensitive Areas but also include areas

restricted to employees only and other similar areas.

(zz)

“Software” or “Game Software” means the operational program or programs that govern the play,

display of results, or awarding of prizes or credits for a Game.

(ww)(aaa)

“Sponsoring Organization” means any organization not organized for pecuniary profit that

has been granted an exemption from federal income tax as an organization described in 501(c)(3)

of the Internal Revenue Code, or any organization affiliated with or recognized by the Pueblo and

organized for the purpose of promoting any interest of the Pueblo.

(xx)(bbb)

“State” means the State of New Mexico, its authorized officials, agents, and

representatives.

(yy)(ccc)

“State Gaming Representative” means a Person designated by the New Mexico Gaming

Control Board, pursuant to the New Mexico Gaming Control Act, to be responsible for actions of

the state under the compact. The state gaming representative shall be the single contact with the

Board and may be relied upon as such by the Board.

(ddd)

“Summary Suspension” means a temporary suspension imposed by TGRA under Section 310 and is

used in contrast to a “Fixed Suspension.” If “suspension” is used alone without “Fixed” or

“Summary” preceding it, it means both types of suspension, unless the context or a separate

definition requires otherwise.

8

(zz)(a) “Pueblo Court” means the Pueblo of Laguna Tribal Court.

(aaa)(eee)

“TICS” or “Tribal Internal Control Standards” are internal controls promulgated by TGRA or

the Board.

(bbb)(fff)

“Wager” means a sum of money or representative of value risked on an uncertain

occurrence.

9

PART 2

ORGANIZATION AND OPERATION OF THE CONTROL BOARD

201.

Scope.

This Part sets forth the organization of the Board and the delegationspecified delegations of authority.

202.

Organization of the Board

(a)

At the first meeting of each calendar year, the Board shall select a chair and a vice-chair from among

its membership. If there is a change in the composition of the Board during the calendar year, the

Board may make new selections for chair and vice-chair, at its discretion. The Board may also select

a secretary-treasurer, who does not need to be a member of the Board.

(1)

The chair shall schedule and preside at regular and special meetings. The chair shall have

general supervision, direction, and control of the affairs of the Board and shall carry out

other duties that are incidental to the office or that may be assigned by the Board.

(2)

The vice-chair shall have the powers and carry out the duties assigned by the Board. In the

absence or inability of the chair to serve, the vice-chair shall be empowered to carry out all

of the responsibilities and duties of the chair.

(3)

The secretary-treasurer, if appointed, shall:

(i)

(ii)

(iii)

203.

be the formal custodian of all files and records of the Board,

monitor the management of and accounting for funds allocated to the Board, and

be the custodian of any seal.

Meetings

(a)

The Board shall meet at least once a month to transact Board business. When practicable, the chair

shall give written notice of meetings to Board members, but the chair may call a meeting by giving

oral notice thereof to the members of the Board. The Board may request the attendance of

representatives of the Gaming Operation or Management Contractor at its monthly meetings.

(b)

The Board may hold special meetings to transact Board business.

(c)

The Board may take action at a meeting held by telephone conference call or similarany electronic

means allowing immediate and simultaneous oral communication.

(d)

The Board may also take action by electronic mail or any similar electronic method that creates a

permanent record; provided, however, that any member of the Board may request that a matter

instead be addressed by a method under paragraph (subsections (a)-(c).

(e)

The Board, through the Executive Director, shall ensure that written minutes are prepared and that,

whenever possible, a recording of each meeting is made. The minutes shall be presented for

approval by the Board at the next regular meeting after they are made available to the members

of the Board for review.

10

(f)

204.

The Board may adopt a seal that may be affixed physically or electronically to a document to certify

the official action of the Board.

Delegation of Authority.

(a)

The use of the term “Board”, “chair”, or “member”,” in these regulations shall not be interpreted

to preclude any authorized delegation of authority to the TGRA or other agents of the Board in

accordance with this Section.

(b)

Unless the Board directs otherwise in a specific instance, TGRA, through the Executive Director, is

hereby designated by the Board to:

(1)

Accept any notice, filing, petition, or other document required by these regulations or other

applicable law to be served on or submitted to the Board;

(2)

Conduct or oversee investigations;

(3)

Issue and deny temporary and pPermanent licenses, with the exception of permanent

Management Contractor licenses and new (not renewal) permanent Gaming Facility

licenses, for which the Executive Director shall make a recommendation to the Board and

provide the information necessary for the Board to make a suitability determination in the

first instance; provided however that a license actionLicense Action shall not be deemed to

be final until the Applicant or Licensee has had any opportunity to review a background

report asif required by applicable law, TGRA procedures, or contract (see Section 805(d));

(4)

Suspend or revoke a temporary or pPermanent license, provided however that such

suspensionFixed Suspension or revocation shall take effect only after the recommended

action is approved by the Board or the Licensee waives the right to a hearing before the

Board regarding the proposed suspensionFixed Suspension or revocation, and provided

further that such license action shall not be deemed to be final until the Licensee has had

any opportunity to review a background report as required by applicable law, TGRA

procedures, or contract (see Section 805(d));

(5)

Summarily suspend temporary and pPermanent licenses,; provided further that such

license action shall not be deemed to be final until the Licensee has had any opportunity to

review a background report as required by applicable law, TGRA procedures, or contract

(see Section 805(d));)) even though a Summary Suspension may and generally will take

effect before such a review to protect the public safety and integrity of Gaming;

(6)

Inspect and examine, without notice, any Gaming Facility or Gaming Devices or equipment

on Pueblo Lands;

(7)

Investigate the conduct of all Licensees and other persons having any involvement with the

Licensee and to ensure that there is no involvement in or with a Licensee by any unqualified

or unsuitable person.;

(8)

Issue subpoenas within the Board’s authority, although the Executive Director maintains

the discretion to determine that the Board should consider a specific subpoena request;

(9)

Issue notices of violation;

11

(10)

Assess civil fines up to $5,000 in the aggregate without Board approval;

(11)

Assess civil fines of $5,000 or more in the aggregate (subject to limits in the Gaming Code

and these regulations), provided however that such civil fines shall take effect only after

the recommended action is approved by the Board or the Licensee waives the right to a

hearing before the Board regarding the proposed fines;

(12)

Issue an order of temporary closure under Section 312(a)(4), provided, however, that the

Executive Director shall immediately provide notice of the order to the Board.

(13)

Ban or exclude a person from a Gaming Facility, permanently or temporarily, if the person

poses a danger to the public safety, the assets of a Gaming Operation, or the integrity of

gaming, provided that the decision is subject to review and hearing by the Board.

(14)

Rescind, amend, or withdraw a prior action of the Executive Director or any TGRA employee

or contractor; provided, however, that the Executive Director may not rescind or withdraw

a decision to grant a Gaming License. but instead must initiate Fixed Suspension or

revocation proceedings (whether or not a Summary Suspension is imposed in the interim).

(15)

Manage the day-to-day operations of TGRA;

(16)

Hire, fire, and manage TGRA personnel, (excepting the Executive Director), in accordance

with applicable personnel policies and without Board involvement unless requested by the

Executive Director, including but not limited to approval of PTO, preparing and approving

of job descriptions, selecting one or more applicants to interview, interviewing candidates,

selecting the final hire, and recommending TGRA staff salaries to the Pueblo;

(17)

Prepare annual budgets for Board review;

(18)

Prepare and execute budget modifications as necessary, subject to Pueblo limitations;

provided, however, that any budget modification(s) in a single calendar month exceeding

one percent of the approved annual Board/TGRA budget must be approved in writing by

the Board; and provided further that the Executive Director shall inform the Board of all

budget modifications in writing before or at the next regular Board meeting;

(19)

SignatureIndependent signature authority for budgeted expenditures, including contracts

not exceeding $25,000;, including contracts, and signature authority for a contract or

payment over $25,000 if approved expressly by the Board.

(20)

Delegate authorities to TGRA staff, provided that the ultimate delegated decision-making

authority for matters having a significant material effect on a gaming license, the conduct

of gaming, the disposition of significant Gaming Revenues, or the employment or retention

of TGRA staff shall be retained by the Executive Director;

(21)

Appoint an Acting Executive Director for a period of less than 17 calendar days and for a

longer period with the concurrence of the chair; and

(22)

Take actions consistent with this Section to ensure that gaming is conducted in compliance

with the Code, IGRA, NIGC regulations, the Compact, and other applicable law.

12

(c)

The Executive Director shall ensure that adequate internal controls and procedures are in place to

implement these delegated authorities and to maintain in the Executive Director an appropriate

level of control and supervision.

(d)

The Board, on its own motion, at the discretion of the chair, upon request of TGRA, or upon written

request received within seven calendar days offrom a person adversely affected by the exercise of

a delegated authority under this Section, may review any determination by TGRA made under a

delegation of authority.

(e)

All delegations of authority shall remain in effect indefinitely, unless otherwise specified. Any

delegation of authority previously approved by the Board may be revoked or modified by the Board

through the adoption of a subsequent resolution. Additional delegations, or clarifications of this

Section, may be made by the Board through resolution. All changes in delegations of authority shall

periodically be incorporated into these regulations.

(f)

A delegation of authority for a specific matter or circumstance may be made by the Board by a

majority vote. ‘

13

PART 3

ENFORCEMENT

301.

Scope

This Part sets forth the regulations for licensing actionsLicense Actions.

302.

Grounds for Licensinge Actions

In addition to assessing a civil fine or penalty as set forth in Part 4, the Board may, in accordance with the

procedures set forth in this Part 3, suspend, or revoke any license issued by it, whether active, inactive,

expired, or otherwise terminated, to a Person if the Board determines that the Person is no longer suitable

to hold a Llicense under the Gaming Code and these regulations because:

(a)

the Licensee, the Licensee’s employees or agents, or persons associated with the Licensee have

violated any provision of the Gaming Code, these regulations, other applicable law, or substantive

gaming policies or procedures of a Gaming Operation;

(b)

or that violations of laws other than Gaming Code or these regulations by the Licensee, the

Licensee’s employees or agents, or persons associated with the Licensee, make the Licensee no

longer suitable for licensing by the Board; or

(c)

the Licensee otherwise does not meet the suitability requirements for a License. , including failure

to provide required information to TGRA or failure to abide by conditions or requirements imposed

reasonably by TGRA.

Acceptance of a gaming license or a renewal thereof by the Licensee constitutes an agreement on the part

of the Licensee to be bound by all applicable law, including the regulations of the Board, and including

specifically any regulations that may hereafter by amended or promulgated. It is the responsibility of the

Licensee to keep informed of the content of all applicable law, and ignorance thereof will not excuse

violations.

303.

Initiation of a Licensinge Action

TGRA or the Board may initiate a licensing actionLicense Action under the Gaming Code andor these

regulations where there are reasonable grounds to believe a Licensee or its agents meet the grounds for

such proceedings set out in Section 302. The Board is required and committed to providing the opportunity

for a hearing before a proposed suspensionFixed Suspension or revocation goes into effect. That procedure

is described in Section 304. and in Part 8. However, where TGRA determines that a summary

suspensionSummary Suspension is warranted pending the opportunity for a hearing, it may follow the

procedures in Section 310, which provides the opportunity to accelerate the notice and hearing processes

in recognition of the fact that the license has been temporarily suspended and that the Licensee cannot

engage in any activity requiring a license in good standing.

(a)

TGRA (including at the direction of the Board) shall initiate a licensing actionLicense Action by

sending to the Licensee a notice of violation by hand delivery, or by certified or overnight mail (with

signature required)), at the last known mailing address of the Licensee. A notice may be sent by

electronic mail or other electronic means if the Licensee expressly acknowledges receipt in writing.

14

304.

(b)

The notice of violation shall state the grounds for the proposed disciplinarylicense action and state

that the proposed disciplinarylicense action, if a suspensionFixed Suspension or revocation, will be

effective only after a hearing before the Board or upon waiver of a hearing by the Licensee;

provided, however, that summary suspensionsSummary Suspensions take effect immediately as

provided in the Gaming Code and these regulations.

(c)

If a proposed revocation or suspension is based in whole or part on records for which federal

regulations or other applicable law allow the Licensee an opportunity to review and then attempt

to correct or supplement those records, the Licensee must be again advised of that opportunity,

generally in the notice of violation and no later than when a Hearing Request Form is provided by

TGRA. See Section 805(d).

Informal Consultation

TGRA may consult with the Licensee and any other affected parties in an effort to resolve an enforcement

matter satisfactorily without a hearing. The informal consultation does not prevent the Board from

conducting a hearing.

305.

Assurance of Voluntary Compliance

TGRA may accept an assurance of voluntary compliance regarding any act or practice alleged to violate the

Gaming Code, these regulations, or other applicable law from a Person who has engaged in, is engaging in,

or is about to engage in such acts or practices. The assurance must be in writing and may include a

stipulation for the voluntary payment of the costs of the investigation and an amount necessary to restore

to a Person money or property which may have been acquired by the alleged violator because of the acts

or practices. An assurance of voluntary compliance may contain language that provides that the assurance

will not be considered an admission of a violation for any purpose; however, proof of failure to comply with

the assurance of voluntary compliance may be prima facie evidence of a violation of the Gaming Code,

these regulations, or other applicable law. The Board may approve or review an assurance of voluntary

compliance on its own motion or at the request of TGRA.

306.

Settlement

A Licensee and TGRA (or the Board) may agree to settle an enforcement action, including the amount of

any associated civil fine. In the event a settlement is reached, a settlement agreement shall be prepared

and executed by TGRA or the Board and the respondent. If a settlement agreement is executed, the

Licensee shall be deemed to have waived all rights to further review by the Board or the Pueblo Court,

except as otherwise provided expressly in the settlement agreement.

307.

Criminal Convictions as Grounds for Revocation or Fixed Suspension

The Board may revoke or suspend the gaming license of any Person who is convicted of a crime, even

though the convicted person’s post-conviction rights and remedies have not been exhausted, if the crime

or conviction involves a felony or gambling, discredits or tends to discredit the Pueblo or the gaming

industry, or threatens the integrity of gaming or Gaming Revenues.

308.

Facts of Criminal Charge

The charge in any jurisdiction of a Licensee with a felony or with a gambling-related misdemeanor or other

misdemeanor involving Moral Turpitudetheft, fraud, or misrepresentation may be grounds for disciplinary

15

actiona License Action. TGRA may take action under this Section based on the facts of the criminal charge

even though the Licensee may ultimately be, or has been, acquitted on the criminal charge or even if the

charge is dropped or dismissed. Dispositions of criminal charges (including, e.g., expungement, a plea to a

reduced charge, or a conditional discharge under New Mexico law) shall be considered on a case-by-case

basis, and TGRA shall use its discretion to determine if the facts underlying a given charge and/or disposition

should or should not count as a mandatory or permissive factor in a licensing decision or action under the

relevant provisions in these regulations.

309.

Licensinge Action by TGRA

After appropriate investigation in connection with any licensing actionLicense Action, TGRA or the Board

may find that the grounds alleged for the disciplinary actionLicense Action do not warrant discipline, in

which event the licensing actionLicense Action shall be terminated. TGRA may conclude, however, that a

preponderance of the evidence supports licensingtaking action, in which event TGRA may:

(a)

propose revocation of the license,

(b)

propose suspensionFixed Suspension of the license for a particular period of time,

(c)

impose or propose a civil fine or penalty as provided in Part 4,

(d)

issue a public or private letter of reprimand to be placed in the file of the Licensee,

(e)

accept an assurance of voluntary compliance, or

(f)

take any combination of these actions.

Proposed actions under (a) and (b), and proposed civil fines exceeding $5,000 in aggregate under (c), are

not effective until confirmed by the Board or the Licensee has waived the opportunity for a hearing before

the Board.

310.

Summary Suspension

(a)

Where TGRA has reasonable grounds to believe and findsconclude that any Person licensed under

the Gaming Code and these regulations has violated any provision of the Gaming Code, these

regulations, or other applicable law deliberately, willfully, or with material recklessness, or that the

Licensee has been charged with a felony in any state or other jurisdiction, or that due to other

actions by the Licensee, the public health, safety, or welfare requires emergency action, and where

the TGRA incorporates such findings in its notice of violation, TGRA may summarily suspend the

Licensee’s license pending the licensing action.License Action. Any such licensing actionLicense

Action shall be promptly instituted and determined as provided herein. (A Summary Suspension

may also be imposed in order to compel a Licensee to comply with a lawful request by TGRA for

documents or other information that a Licensee is required to provide to TGRA but has not

provided. Because such Summary Suspensions do not also involve a proposed Fixed Suspension or

revocation, no hearing before the Board is allowed or required under the Gaming Code.)

(b)

The summary suspensionSummary Suspension of a license without notice pending a hearing shall

be for a period not to exceed 45 calendar days, unless the hearing is continued at the request of,

or with the consent of, the Licensee.

16

311.

(c)

TGRA must deliver a notice of summary suspensionSummary Suspension by hand delivery or by

certified mail or overnight delivery to the Licensee who has been suspended.. The notice must

state the effective date of the summary suspensionSummary Suspension and the fundamental

grounds for the summary suspension.Summary Suspension. The summary suspensionSummary

Suspension may run through the hearing and decision process on a revocation, suspensionFixed

Suspension, or other proceeding; until the Licensee complies with a lawful order or request of TGRA

or the Board; or for a time set in the notice.

(d)

Within seven calendar days after receipt by the Licensee of the notice of summary

suspensionSummary Suspension, TGRA must serve upon the summarily suspended Licensee a

formal notice initiating a licensing actionLicense Action, unless the summary suspensionSummary

Suspension is contingent on compliance with a lawful order or request of TGRA and the Licensee

has already complied, or agreed in writing to comply, effectively resolving the enforcement action.

The notice initiating a licensing actionLicense Action shall include an opportunity to request a

hearing.

(e)

Unless the Licensee waives a hearing or a summary suspensionSummary Suspension expires of its

own accord or otherwise ends before a hearing, the Board shall hear the matter on an expedited

basis as described herein.

Conditions Imposed by BoardTGRA for Re-issuance of License

TGRA may require a Person who holds or formerly held a license to meet certain conditions before renewing

or reissuing a license to that Person, including but not limited to one or more of the following:

312.

(a)

Restitution of money;

(b)

Restitution of property; and

(c)

Making periodic reports to TGRA, including submission of documents required by TGRA; or

(c)(d)

Other reasonable measures directly related to TGRA’s concerns regarding the suitability of a Person

to hold a license.

Order of Temporary Closure

(a)

Simultaneously with or subsequent to issuance of a notice of violation under Section 303(b) of these

regulations, the Board may issue an order of temporary closure of all or part of a Gaming Facility or

Gaming Operation, if one or more of the following substantial violations are present;

(1)

A Gaming Facility or Gaming Operation operates for business without a license from the

Board;

(2)

A Management Contractor operates for business without a Management Contract

approved by the NIGC;

(3)

TheA Gaming Enterprise continues to operate Class II gaming or Class III Gaming in violation

of the Gaming Code, the Compact, or these regulations after proper notice of an order

byfrom the Board or TGRA demanding compliance; or

17

(4)

A Gaming Facility is constructed, maintained, or operated in a manner that imminently

threatens the environment or the public health and safety.

In an emergency, the notice of violation to a Gaming Operation may be oral but must be followed

by written notice absolutely as soon as practicable.

(b)

Upon service of an order of temporary closure, the Gaming Enterprise or Gaming Operation shall

close the Gaming Facility, or the relevant functional or physical portion thereof, unless the order

provides otherwise.

(c)

Within seven calendar days after service of an order of temporary closure, the respondent may

request, in writing, informal expedited review by the Board.

(d)

313.

(1)

The Board shall complete the expedited review within threetwo business days after receipt

of a timely request.

(2)

The Board shall, within two business days after the request for expedited review:

(i)

Decide whether to continue an order of temporary closure; and

(ii)

Provide the respondent with an explanation of the basis for the decision.

Whether or not the respondent seeks informal expedited review hereunder, the respondent may

request a hearing before the full Board within 14 calendar days after TGRA or the Board serves the

order of temporary closure. Otherwise, the order shall remain in effect unless rescinded or

modified by TGRA or the Board because the basis for the closure has been or is being resolved in a

manner that has eliminated or sufficiently reduced the need for a closure.

Self-Exclusion

This Section is intended to fulfill the Pueblo’s and TGRA’s responsibilities under the Compact but is not

intended to preclude a Gaming Operation from implementing additional self-exclusion or exclusion policies.

(a)

Each Gaming Operation shall post at all public entrances and exits of each Gaming Facility, signs in

both English and Spanish, stating that help is available if a person has a problem with gambling and,

at a minimum, provide an appropriate toll-free crisis hotline telephone number and information on

the availability of a statewide self-exclusion program through the State Gaming Representative;

(b)

The Gaming Enterprise shall train appropriate gaming personnel for the identification of selfexcluded persons who enter or attempt to enter the Gaming Facility and take reasonable steps to

identify the self-excluded person and to promptly escort the self-excluded person from the Gaming

Facility;

(c)

The Gaming Enterprise and each Gaming Operation shall remove self-excluded persons from

mailing lists for advertisements or promotions and any players’ club or other similar membershiptype promotions, and return the cashable value, if any, of the self-excluded person’s membership

in the players’ club or other similar membership-type promotions;

18

(d)

The Gaming Enterprise and each Gaming Operation shall require that the self-excluded person

forfeit all winnings (whether cash, property, or in any other form), credits, tokens or vouchers

received from the Gaming Facility while excluded, and that all money or other property forfeited

shall be used by the Gaming Enterprise to fund or support programs for the treatment and

assistance of compulsive gamblers pursuant to Section 4(B)(16) of thise Compact (this amount is

in addition to the percentage of Adjusted Net Win already required under Section 4(B)(16) of the

Compact); and

(e)

The Gaming Enterprise and each Gaming Operation shall require that, for jackpots requiring the

patron to complete, prior to the pay-out of the jackpot, paperwork required by the Internal

Revenue Service prior to the pay-out of the jackpot, the Gaming Enterprise shall verify that the

patron is not on the self-exclusion list and such certification shall be recorded in the appropriate

documentation. In the event the patron is listed on the self-exclusion list, the Gaming Enterprise

shall comply with Section 4(F)(2)(b)(iii) of the Compact regarding forfeiture of all winnings.

(f)

If a self-excluded person is removed from a Gaming Facility, the Gaming Operation shall report to

TGRA, at a minimum, the name of the self-excluded person, security staff involved, date of removal,

amount of money forfeited, if any, and any other action taken. TGRA shall provide a written report

to the State Gaming Representative.

(g)

The Gaming Enterprise, each Gaming Operation, the Board, and TGRA shall take all reasonable steps

that the self-exclusion list remains confidential except for its use by (1) appropriate law

enforcement agencies, if needed in the conduct of an official investigation or if ordered by a court

of competent jurisdiction; and (2) persons designated by either the CommissionBoard, the

Executive Director, or the State Gaming Representative for the purposes of administering and

implementing the self-exclusion program.

19

PART 4

FINES AND PENALTIES

401.

Scope

This Part addresses the assessment of civil fines.

402.

Review of Notice of Violation

TGRA shall review each violation to determine whether a civil fine will be assessed, the amount of theany

fine, and, in the case of continuing violations, whether each daily illegal act or omission will be deemed a

separate violation for purposes of the total civil fine assessed.

403.

Civil Fine; Amount; Determination

(a) The Board or TGRA may assess a civil fine, not to exceed $5,000.00 per violation, against a Gaming

Enterprise, Key Gaming Employee, Non-Key Gaming Employee, or any other Person for each notice of

violation issued by the Board or TGRA. The Board or TGRA may consider all relevant factors, including

but not limited to the severity of the violation, the Person’s compliance history, and any mitigating

circumstances. If noncompliance continues for more than one day, TGRA or the Board may treat each

daily illegal act or omission as a separate violation.

(b) On its own initiative and based on the factors above, the Board may impose a civil fine after a hearing

on any violation, even if TGRA has not assessed a civil fine.

404.

Procedures for Assessment of Civil Fines

(a)

Civil Fines of over $250 in the Aggregate

(1)

TGRA or the Board may assess a civil fine at the time it issues a notice of violation, within

seven calendar days after service of a notice of violation, or a longer period if there is good

cause.

(2)

If not included in the notice of violation, the or in a Board decision, TGRA shall serve a copy

of the proposed assessment on the respondent.

(3)

The respondent has seven calendar days from receipt of the notice of violation, if the civil

fine is assessed therein, or from the receipt of the proposed assessment, to request a

hearing in writing.

(4)

The Board or TGRA may review and reassess any civil fine if necessary to consider facts that

were not available when the proposed assessment was issued. If the assessment is

increased, the respondent again has seven calendar days from receipt of the revised

assessment to request in writing a hearing on the proposed fine.

(b) Civil Fines of under $250 in the Aggregate

(1)

TGRA is authorized to issue modest civil fines, often on a daily basis, if a Person violates, or

fails to fulfill an obligation under, the Gaming Code, these regulations, a written agreement,

IGRA, NIGC regulations, or the Compact. Most often, such fines are assessed for failure to

20

provide required documentation to TGRA, generally after a Licensee has signed an

agreement consenting to such fines if the documentation is not provided by a certain date.

405.

406.

(2)

Such fines may be assessed through a notice of violation, or may be fixed in a written

agreement with the Person, for example, an agreement to provide documentation by a

certain date, after which the civil fine will begin being assessed.

(3)

If a Person assessed a fine totaling less than $250 has not waived the right to a hearing and

if there is no related proposed Fixed Suspension or revocation, the Person may request in

writing a telephonic hearing before the Board under Section 807. The request must be

received by TGRA no later than seven calendar days after the day the fine is assessed, or

the last day on which a fine is charged if it is a daily fine.

Reduction or Waiver of Civil Fine

(a)

Upon written request of a respondent received at any time, before the filing of an appeal pursuant

to Section 805 of these regulations, TGRA or the Board may reduce or waive a civil fine if TGRA or

the Board determines that, taking into account exceptional factors present in a particular case, the

fine is demonstrably unjust.

(b)

All requests for reduction or waiver ofor fine shall contain:

(1)

A detailed description of the violation that is the subject of the fine;

(2)

A detailed recitation of the facts that support a finding that the fine is demonstrably unjust,

accompanied by relevant documentation, if any; and

(3)

A declaration, signed and dated by the respondent, as follows: “Under penalty of perjury,

I declare that, to the best of my knowledge and belief, the representations made in this

request are true and correct.”

(c)

TGRA, or the Board if appropriate, shall serve the respondent with a written notice of

determination, including a statement of the grounds for TGRA’s or the Board’s decision.

(d)

The Executive Director may refer the question of an assessment of a civil fine to the Board for its

consideration. Upon such a reference, the Board shall hold a hearing under the processes set forth

in Section 805.

Final Assessment

If the respondent fails to request a hearing as provided in Part 8, thea proposed civil fine assessment by

TGRA shall become a final order of the Board. Civil fines assessed under these regulations shall be paid by

the Person assessed and shall not be treated as an operating expense of the Gaming Enterprise, Gaming

Operation, or Gaming Facility, unless that entity is the party assessed with the civil fine.

21

PART 5

FEES

501.

Scope

This Part sets forth the regulations for the imposition of fees.

502.

Application, Renewal, and Investigative Fees

The License ApplicantAnyone seeking a license or license renewal (or the Gaming Operation, by agreement

between the Board and the Gaming Operation) shall pay the fees and cost assessed by TGRA and the Board

in conjunction with the application for license and Background Investigation of the Applicant in the manner

prescribed by these regulationslicense or renewal license, and the associated Background Investigation. If

the fees and costs are to be paid by the Applicant or Licensee, payment in full must be made before a license

determination is made unless the Executive Director concludes that good cause exists for another

arrangement. If an alternative payment arrangement is allowed, failure by the Applicant or Licensee to

abide by that arrangement is grounds for Summary Suspension, Fixed Suspension, and/or revocation

without a hearing or appeal. If the Gaming Operation is to pay the fees and costs, they shall be paid

according to a schedule agreed upon by the Gaming Operation and the Executive Director.

503.

Schedule of Fees

Each application for a License must be accompanied by TGRA shall assess a non-refundable application fee

and background investigative fee in the amount specified on the schedule of license fees, which shall be

preparedapproved by the Board and posted by TGRA and the Board at least 60 calendar days before

implementation. The Executive Director may prorate fees under appropriate circumstances and may later

collect additional fees, up to the full cost of the relevant license, (plus any Supplemental Fees assessed

under Section 504), should the reason for proration later change.

504.

Supplemental Fees

If the fees and costs incurred by TGRA and the Board in processing an applicationa License Application,

including the Background Investigation, exceed the amount on the schedule of fees, TGRA may require an

Applicant to pay supplemental fees and costs. An Applicant may request a hearing within seven calendar

days of receipt of the supplemental fee assessment to dispute the amount of the assessment.

505.

Final Action

Unless TGRA is responsible for a material delay or unless a payment agreement with a Gaming Operation is

in place, TGRA shall not take final action to approve any applicationLicense Application unless all application

and background investigative fees and costs have been paid in full. TGRA may deny the application if all

application and background investigative fees and costs are not paid within a reasonable period.

506.

Accounting of Fees

Upon written request and after the background investigation is complete, the TGRA shall provide to the

Applicant an itemized accounting of the background investigative fees and the costs incurred.

22

PART 6

DECLARATORY ORDERS

601.

Scope

This Part establishes procedures for the issuance of declaratory orders from the Boardby the Board. A

declaratory order is a determination by the Board resolving legal uncertainty regarding a matter within the Board’s

jurisdiction and can conclusively rule on and define the rights, duties, or obligations of a party or parties under

applicable law.

602.

603.

Petition for Declaratory Order; Contents

(a)

Any Person desiring the Board to issue a declaratory order regarding the applicability to that Person

of any Code provision or regulation relating to gaming, or order of the Board or the Executive

Director, may file a petition for declaratory order. The petition must be filed with the Executive

Director along with a non-refundable filing fee in the amount of $100.00; however, upon good

cause shown the filing fee may be waived by the Board. No fee shall be required if the petitioner

is a Pueblo governmental agency.

(b)

The petition shall state the following:

(1)

The specific statutory or Code provision, regulation, rule, order, decision, or determination

in question;

(2)

The facts and circumstances that give rise to the request that the Board issue a declaratory

order; and

(3)

The precise issue to be addressed by the declaratory order.

Board Action on Petition

Upon receipt of a petition, the Board may request any additional information from the petitioner that it

requiresmay require for the issuance of itsa declaratory order. Within 60 calendar days after receipt of the

petition, the Board must dismiss the petition, hold a hearing, request briefing or additional information, or

issue a declaratory order. The Board shall not issue a declaratory order where additional information has

been requested and has not been provided. Instead, it may dismiss the petition on that basis alone. If

issued, thea declaratory order shall be provided to the petitioner and, if of general applicability, may be

posted on the TGRA website. The Board may dismiss a petition for any reason and is not required under

any circumstances to issue a declaratory order.

604.

Reconsideration and Appeal

(a)

If the Board denies in whole or part a petition alleging a violation ofthat a Board or TGRA action,

regulation, rule, or similar issuance does or could violate or conflict with Pueblo law (including the

Pueblo’s Constitution and the Pueblo Code), the petitioner may appeal to the Pueblo Court under

Section 14-1-14 of the Gaming Code, but the appeal shall be limited to alleged conflicts between

the Board’s declaratory order and Pueblo law.

(b)

If the Board denies in whole or part a petition alleging a violation ofthat a Board or TGRA action,

regulation, rule, or similar issuance does or could violate or conflict with IGRA or binding NIGC

23

regulations, the Board and petitioner shall, at the request of either, confer in good faith to

determine if there is a reasonable method to obtain a definitive or substantially clarifying resolution

to the issue, and if so, shall take appropriate steps to obtain such a resolution (presumably, but not

necessarily, through the NIGC).

(c)

If the Board denies in whole or part a petition alleging a violation ofthat a Board or TGRA action,

regulation, rule, or similar issuance does or could violate or conflict with the Compact, the Board

and the petitioner, at the request of either, shall confer, including with the Pueblo as appropriate,

to determine if there is an acceptable method to resolve or clarify the alleged violation or conflict,

whether through consultation with the State Gaming Representative, arbitration, or otherwise.

(d)

The Board’s decisions, conclusions, and interpretations in a declaratory order regarding its

regulations, procedures, and actions that do not allegedly conflict with the Pueblo law, IGRA, NIGC

regulations, or the Compact are final, although the petitioner may file a petition for reconsideration

with the Board.

24

PART 7

ISSUANCE OF REGULATIONS

701.

Scope

This Part establishes procedures for the issuance of regulations by the Board.

702.

Publication

Where publication is required by this or any other section of the Board’s regulations, unless otherwise

required, the publication requirement shall be satisfied by posting the relevant notice on the TGRA website,

at each Gaming Facility, at the TGRA office, and at the Pueblo’s governmental headquarters. Written notice

shall also be provided to the Government Affairs Office and each Gaming Operation.

703.

Draft Regulation, Comment Period

At least 30 calendar days before adopting or amending any regulation, the Board shall publish notice of its

proposed action on its website and notify by mail or electronic mail any interested Person who has filed an

annual written request for notices of proposed action by the Board. The notice shall:

704.

(a)

describe the substance of the proposed action;

(b)

state the manner in which the comments of any interested party pertaining to the proposed action

may be submitted to the Board; and

(c)

afford theany interested party a reasonable time period of not less than 30 calendar days within

which to comment on the proposed action.

Adoption of Final Regulations

After considering all the written comments regarding the proposed action, the Board may adopt final

regulations at any time after the close of the comment period. The Board, in its discretion, may revise the

proposed regulation in light of comments received from any interested party or for other reasons deemed

appropriate by the Board. In addition to any other publication and notice requirements of Pueblo and

federal law, the Board shall publish the final regulation on itsthe TGRA website and transmit a copy of the

final regulation to the interested persons that submitted comments on the proposed regulation and to the

Pueblo’s Government Affairs Office.

705.

Effective Date

Unless otherwise specified, the final regulation shall take effect on the business day after the notice

adopting the final regulation is published by the Board on the TGRA website.

706.

Emergency Regulations

Upon making written findings, the Board may issue emergency regulations to take effect immediately in

order to deal with an emergency situation, to comply with applicable law, or to avoid serious jeopardy to

the public safety or integrity of gaming or Gaming Revenues. However, the Board shall publish notice and

request comments from interested parties pertaining to the emergency regulations in the same manner as

25

provided in Sections 702 and 703, and upon consideration of any comments received, shall make any

amendments to the emergency regulations as the Board deems appropriate.

707.

Filing of Regulations

All final regulations adopted by the Board shall be officially filed with the Tribal Secretary and posted on the

TGRA website. TheIn addition, the current regulations shall be available for review upon request at the

TGRA office.

708.

Public Hearings

Nothing in these regulations shall prohibit the Board from holding a public hearing to receive oral comments

pertaining to any proposed action.

26

PART 8

HEARINGS

801.

Scope

This Part establishes procedures for hearings before the Board. The Board conducts three different types

of hearings as set forth below.

(a)

Regulatory hearings under Section 805 involve an enforcement action by the Board or TGRA against

a Licensee or other Person within its jurisdiction, such as a hearing on a proposed License

suspensionlicense revocation by TGRA or denial of a License aApplication. The specific processes

for regulatory hearings are set out in Section 805. For civil fines of less than $250 or at the request

of or with the consent of the respondent, a telephonic hearing under Section 807 will be held.

(b)

Adjudicative hearings under Section 806 involve disputes between third parties, such as a dispute

between a pPatron and a Gaming Operation over the Patron disputes within the Board’s jurisdiction

under the Code.

(c)

Public hearings involve Board matters that are of general public interest, such as promulgation of

regulations.

Adjudicative and regulatory hearings are “contested matters” for purposes of these regulations. Public

hearings are not “contested matters.” The procedures for each are set out below. It is the nature of the

dispute (regulatory as opposed to adjudicative) that determines whether a hearing will proceed under

Section 805 or Section 806. If a Person requesting a hearing is unclear on the designation of a particular

matter, an inquiry should be made to TGRA early in the process. The Board may, with notice to interested

parties, specify the procedures to be used for a particular matter and modify the procedures to

accommodate unusual or unanticipated circumstances.

802.

Hearings

Whenever any provision in the Gaming Code, a regulation, other applicable law, or compactthe Compact

provides for a hearing on any action or proposed action of TGRA or the Board and a hearing is requested or

required in accordance with that provision, the Board shall schedule a hearing within the time allowed or,

if no time is set, a reasonable time. Once a hearing is requested or scheduled, the Board shall give written

notice to all interested parties of the time and place of the hearing and of the particular matter to be heard.

Except in extraordinary situations, by consent of all parties, or as provided by applicable law, no hearing

shall be held less than seven calendar days after the written notice is given. If a Licensee or Applicant

requests that a hearing be rescheduled, the Board may grant or deny the request in its sole discretion after

considering the circumstances. Those considering making a request to reschedule a hearing should be

aware of the gravity of licensing decisions and the difficulties inherent in convening the Board for a hearing,

and therefore should not treat rescheduling a hearing as a trivial matter and should not assume a request

will be granted. If a hearing is rescheduled upon such a request, the Licensee or Applicant waives any claim

that the hearing is not held within any prescribed time.

803.

Delegation to Hear Matter

TheTwo or more members of the Board may hear a matter as the Board. Alternatively, the Board may

delegate authority to hear a specific adjudicative or regulatorycontested matter to a member of the Board

27

or to a hearing officer selected by the Board. However, the ruling or decision shall be subject to

reconsideration by the full Board upon the request of any member of the Board, whether on the member’s

own initiative or in response to a request by any party. Such reconsideration, if granted, shall be on the

record developed in the original proceeding, although the full Board may order additional proceedings. In

the absence of any delegation of authority, a quorum of the full Board shall hear a matter. The Board shall

not delegate authority to a hearing officer if the person has an actual or perceived conflict of interest that,

in the Board’s sole discretion, would subvert the goal of impartial proceedings. The Board may delegate

authority to one of its members or to the Executive Director to appearpreside at a public hearing.

804.

Hearing Procedures Generally—Contested Matters

(a)

Contested matter hearings under Section 805 or 806 shall be conducted in a semi-formal manner.

The process is intended to be flexible to allow the Board to tailor the proceedings, including preand post-hearing activities, to provide a fair and efficient forum. However, the Board may adopt a

general procedural template for hearings to encourage consistency from one hearing to the next

to the extent appropriate.

(b)

Unless otherwise ordered by the Board or hearing officer, contested matter hearings are not open

to the general public. Generally, only parties, (including TGRA staff for regulatory hearings), their

counsel, Board staff (including but not limited to the Executive Director and investigators), Board

counsel, and experts will be present throughout the proceeding. Unless otherwise allowed by the

Board or hearing officer, fact witnesses called by any party or the Board will be present only when

testifying.

(c)

The Board or duly authorized hearing officer shall not apply strict evidentiary standards but shall

use its discretion to assure that the evidence submitted is relevant, material, and reasonably

trustworthy.

(d)

All testimony shall be given under oath, and no person shall be allowed to provide testimony

without being subject to cross-examination by any adverse party and the Board or hearing officer.

(e)

A party, including TGRA, may be represented by counsel. Counsel must enter an appearance in a

form prescribed by the Executive Director. Written requests to withdraw as counsel may be

granted by the Board. The Board may retainuse counsel or other experts as it may deem necessary

to conduct or evaluateaid in any proceeding or in the evaluation of the evidence or arguments.

(f)

Motion practice is generally unnecessary. Scheduling changes are generally handled through aan

informal request to TGRA, and no motion is required unless required by the Board through the

Executive Director. Scheduling and other motions are to be filed with the TGRA Executive Director

and, for proceedings under Section 806, served on the other party. A response to any motion shall

be filed within fourteen calendar days of the latest receipt of the motion by an adverse party

(whether TGRA or any other party) unless a different time is allowed by the Board.

(g)

In all hearings and in disclosures of information in relation to contested matters, the Board and

TGRA shall maintain the confidentiality of information as required by the Pueblo Code (§ 14-16(D)(2)), IGRA, NIGC regulations (e.g., 25 C.F.R. § 556.4(c)), other applicable law, and the Compact

(e.g., § 4(F)(2)(e)).

28

805.

Regulatory Hearings

(a)

Regulatory proceedings involve issues in which TGRA has taken or proposes to take a regulatory

action under the Gaming Code, regulations, or policies. While most often license actionsLicense

Actions by TGRA alleging that a person has violated these regulations, the Gaming Code, or other

applicable standards, a regulatory hearing may address other issues, such as a license denial or a

Gaming Enterprise challenge to TICS promulgated by the Executive Director.

(b)

The Board will ensure that an independent investigation of any matter arising under this Section

has been or is conducted. TGRA is the investigative and administrative arm of the Board, and will

generally conduct the investigation and present evidence at the hearing unless the Board concludes

that TGRA cannot conduct an impartial and independent investigation.

(c)

TGRA shall provide a Hearing Request Form either with the notice of violation issued under Section

303 or within 14 calendar days thereafter, seven calendar days if a summary suspensionSummary

Suspension is imposed. The Licensee, Applicant, or other party shall return the form within the

time stated in the form, which shall not be less than seven calendar days after service of the Hearing

Request Form is deemed complete. Failure to return the Hearing Request Form by the deadline

established by the Executive Director shall be deemed a waiver of a hearing. Through internal

procedures, TGRA may assess the nature and likely complexity of the hearing and provide a Hearing

Request form tailored to the circumstances.

(d)

If a license actionLicense Action is based in whole or part on records for which federal regulations

or other applicable law requires an opportunity for the Applicant or Licensee to review and then

attempt to correct or supplement those records before a Llicense denial, suspensionFixed

Suspension, or revocation decision becomes final, TGRA shall again advise the Applicant or Licensee

of that right no later than when the Hearing Request Form is provided to the Applicant or Licensee.

(1)

The Applicant or Licensee shall be given a reasonable opportunity to review the relevant

records before a response to the Hearing Request Form is required, and the Executive

Director should reasonably extend the Hearing Request Form response deadline to allow

for such review, but not for more than fourteen calendar days. Failure by an Applicant or

Licensee to arrange for and review the records within that time, including any extension

granted by the Executive Director, shall be deemed a waiver of the right to review the

records.

(2)

If the Applicant or Licensee reviews the relevant records and does not choose to undertake

the process to correct or supplement the records, the Applicant or Licensee shall complete

the Hearing Request Form within the time allowed or waive a hearing before the Board. A

decision by an Applicant or Licensee not to pursue the federal or other process for

correction or supplementation of relevant records does not preclude the person’s ability to

argue to the Board that those records are incorrect or incomplete during a hearing.

(3)

However, if the Applicant or Licensee states on a form provided by TGRA signed under

penalty of perjury that hethe Applicant or sheLicensee (1) believes that the relevant records

are erroneous and/or incomplete, and (2) chooses to pursue the relevant federal or other

process to attempt to correct or supplement the relevant records, the Applicant or Licensee

may elect to:

29

(i)

Obtain an extension of the time to respond to the Hearing Request Form while

pursuing the process to correct or supplement the relevant records. The extension

shall be automatic and shall extend until the date that is fourteen calendar days

after the Applicant or Licensee receives from the federal or other agency a final

determination on the effort to correct or supplement the relevant records. The

Applicant or Licensee must notify TGRA of that determination and must complete

the Request for Hearing Form within that fourteen-day period, or he or she

waiveswaive the right to a hearing before the Board. The Applicant or Licensee

must also respond to periodic inquiries from TGRA regarding the status of the

correction andor supplementation process. Failure to do so within fourteen days

of service of such an inquiry will also be deemed as a waiver of a hearing before

the Board.

(ii)

Move forward with a hearing before the Board without waiting for the completion

of the federal or other process to correct or supplement the relevant records. The

Applicant or Licensee can present to the Board at the hearing any evidence andor

argument intended to show that the relevant records are incomplete or incorrect.

(iii)

Waive a hearing before the Board, in which case the proposed license action will

become final regardless of the results of the federal or other process to correct or

supplement the relevant records.

Regardless of the option chosen by the Applicant or Licensee, the proposed license action

(e.g., denial, suspensionFixed Suspension, or revocation) shall be and remain in effect until

either reversed by the Board or rescinded by the Executive Director, unless otherwise

stated in writing by the Executive Director for good cause.

(e)

The Board or hearing officer shall set a hearing date if a hearing is requested. TGRA shall provide

notice of the hearing date as directed by the Board or hearing officer.

(f)

The Board (or hearing officer, if appointed), in consultation with TGRA as appropriate, may establish

a pre-hearing schedule based on its assessment of the complexity of the issues involved, the

evidence to be presented, the requirements of fairness and due process, and any other factors

known to the Board.

(1)

For example, the pre-hearing schedule may include, at the discretion of the Board or

hearing officer and as appropriate:

(i)

(ii)

(iii)

(iv)

(2)

the date by which subpoenas must be requested by the Licensee or Applicant;

the date(s) by which specified records, demonstrative evidence, and similar

evidence anticipated to be introduced or used at the hearing must be provided by

or to TGRA, or by which access to confidential information must be provided if it is

not ordered to be produced;

the date(s) by which a list of witnesses anticipated to be used at the hearing must

be provided by or to TGRA; and

a schedule for any pre-hearing briefing.

Note that the majority of hearings conducted by the Board are not complex and do not

include a pre-hearing schedule. In these instances, TGRA will attempt to work

30

cooperatively to ensure that any questions the Licensee, Applicant, or other party may have

are answered and establish a date by which any subpoena requests by the Licensee,

Applicant, or other party must be submitted. to TGRA for consideration by the Board or

hearing officer. TGRA may provide reasonable assistance to a party to identify unknown

witnesses.

(3)

In the rare instances in which a hearing is anticipated to be unusually complex, and

particularly if the Licensee, Applicant, or other party is represented by counsel, the Board

or hearing officer may require that the Licensee, Applicant, or other party and TGRA submit

to the Board and each other party a Preliminary Pre-Hearing Statement addressing matters

requested. The statement will generally be required to include:

(i)

(ii)

(iii)

(iv)

If the hearing will address a summary suspensionSummary Suspension, the alleged

violator must expressly state whether he wishes to proceed on an expedited

schedule that will result in a hearing within 30 calendar days of the notice of

violation. Such a schedule places greater demands on the alleged violator and on

the Board, and may limit the availability of pre-hearing briefing, available

witnesses, and other evidence.

The names or descriptions of any witnesses the Person plans on calling at the

hearing, including those who must be subpoenaed by the Board. If a Person does

not know the name of a witness, the party must provide as much information as

possible. TGRA may provide reasonable assistance to a party to identify unknown

witnesses.

A list of any documents or other evidence the party is requesting from the Board

or TGRA or needs to subpoena from a non-party, including the Gaming Operation.

Any other issues, concerns, or matters that the party wishes the Board to consider

in setting a pre-hearing schedule and in conducting the hearing. For example, a

party might wish to suggest pre-hearing briefing on a particular topic.

After the Preliminary Pre-Hearing Statements are received in a complex matter, the Board

or hearing officer will issue a schedule setting forth the schedule up to and including the

hearing. If the alleged violator has consented or the Board or the hearing officer believes

more time is necessary to accommodate the pre-hearing events, it may reschedule any

scheduled hearing to a later date. Parties are expected to provide relevant copies of

relevant, non-protected documents and other evidence to another party upon reasonable

request, but the Board’s subpoena power remains available if appropriate. The schedule

generally will establish the final date subpoena requests will be accepted and the date on

which a final witness list and copies of all exhibits to be used at the hearing must be

provided by TGRA and the alleged violator. Both the alleged violator and TGRA will

generally be expected to show cause why a witness not included on the party’s Preliminary

Pre-Hearing Statement was not included and nevertheless should be allowed to testify. It

will also list any TGRA representative(s) scheduled to be at the hearing. The schedule

generally will also set the order of presentation at the hearing, although TGRA generally

will proceed first.

(g)

Unless the Board or hearing officer orders otherwise, the Executive Director shall allow all parties

to review in the TGRA office non-confidential portions of any investigation report prepared by TGRA

regarding the matter to be heard and other non-confidential materials that TGRA intends to present

at the hearing. Copies of such materials may be provided to the parties at the discretion of the

Executive Director or by order of the Board upon motion. The , subject to adequate protections for

31

any material that is produced. To that point, the Board or the Executive Director, either on its, his,

or her own or onincluding at the request of a party, may require that each party and other persons

needing to review confidential or proprietary materials sign a non-disclosure agreement before

reviewing or receiving those materials. If necessary under the circumstances, TGRA may make

appropriate redactions either before showing materials to a party, providing copies to a party, or

both.

806.

(h)

At the hearing, the standard of proof is preponderance of the evidence. Hearings will generally

follow the provisions of Section 804 above. A hearing may be continued by the Board or hearing

officer, at its discretion, and resumed on a later date if deemed necessary to provide a fair hearing.

(i)

After a hearing, if any, the Board or hearing officer may allow or order appropriate post-hearing

proceedings, including the submission of additional testimony, evidence, or briefing to be offered

before rendering a decision on the merits.

(j)

In summary suspensionSummary Suspension cases, the Board or hearing officer may lift the

summary suspensionSummary Suspension after all evidence has been presented at the hearing.

(k)

After the Board takes final action, any party may appeal to the Pueblo Court under Section 810. In

regulatory proceedings, the Board is a party in the appeal. The Pueblo Court sits as an appellate

body to review the regulatory decision of the Board on the record created before the Board, but

the Board also appears in the appeal as the appellee.

Adjudicative Hearings

(a)

Adjudicative proceedings involve a dispute between or among third parties arising under the

Gaming Code or these regulations. While a Gaming Operation may often be a party, that need not

be the case.

(b)

By order of the Board or hearing officer, TGRA may conduct an independent investigation of any

matter arising under this Section. It must, however, do so in a patron dispute arising under Section

14-1-9 of the Gaming Code. TGRA shall prepare a written report of any investigation it completes.

(c)

Upon becoming aware of a dispute between two parties subject to the Board’s jurisdiction, the

Executive Director (or histhe Executive Director’s designee shall) may contact the parties to see if a

resolution between the parties is possible without a hearing before the Board.

(d)

If either party requests a hearing, the Executive Director (or histhe Executive Director’s designee)

shall make a preliminary determination regarding the complexity of the matter and the hearing. In

consultation with the Executive Director, the Board or hearing officer (if appointed) shall determine

how to proceed with scheduling a hearing and any pre-hearing activities.

(e)

TGRA, in consultation with the Board or hearing officer, shall inform the parties of the hearing date

if a hearing is requested.

(f)

The Board (or hearing officer, if appointed), in consultation with TGRA, may establish a pre-hearing

schedule based on its assessment of the complexity of the issues involved, the evidence to be

presented, the requirements of fairness and due process, and any other factors known to the Board.

32

(1)

The pre-hearing schedule may include, at the discretion of the Board or hearing officer and

as appropriate:

(i)

(ii)

(iii)

(iv)

the date by which subpoenas must be requested by the Licensee, Applicant, or

other party;

the date(s) by which specified records, demonstrative evidence, and similar

evidence anticipated to be introduced or used at the hearing must be provided by

or to TGRA;

the date(s) by which a list of witnesses anticipated to be used at the hearing must

be provided by or to TGRA; and

a schedule for any pre-hearing briefing.

(2)

Note that many of the adjudicative hearings conducted by the Board are not complex and

do not require a pre-hearing schedule. In these instances, TGRA will attempt to work

cooperatively to ensure that any questions the parties may have are answered and

establish a date by which any subpoena requests by the parties must be submitted. TGRA

may provide reasonable assistance to a party to identify unknown witnesses.

(3)

In the rare instances in which a hearing is anticipated to be unusually complex, and

particularly if one or more parties are represented by counsel, the Board or hearing officer

may require that the parties submit to the Board and each other party a Preliminary PreHearing Statement addressing matters requested. The statement will generally be required

to include:

(i)

(ii)

(iii)

The names or descriptions of any witnesses the party plans on calling at the

hearing, including those who must be subpoenaed by the Board. If a party does

not know the name of a witness, the party must provide as much information as

possible. TGRA may provide reasonable assistance to a party to identify unknown

witnesses.

A list of any documents or other evidence the party is requesting from another

party or needs to subpoena from a non-party, including the Gaming Operation.

Any other issues, concerns, or matters that the party wishes the Board to consider

in setting a pre-hearing schedule and in conducting the hearing. For example, a

party might wish to suggest pre-hearing briefing on a particular topic.

After the Preliminary Pre-Hearing Statements are received in a complex matter, the Board

or hearing officer will issue a schedule setting forth the schedule up to and including the

hearing. If the parties consent or the Board or the hearing officer believes more time is

necessary to accommodate the pre-hearing schedule, it may reschedule any scheduled

hearing to a later date. Parties are expected to provide relevant copies of relevant, nonprotected documents and other evidence to another party upon reasonable request, but

the Board’s subpoena power remains available if appropriate. The schedule generally will

establish the final date subpoena requests will be accepted and the date on which a final

witness list and copies of all exhibits to be used at the hearing must be provided by the

parties. The parties will generally be expected to show cause why a witness not included

on the party’s Preliminary Pre-Hearing Statement was not included and nevertheless

should be allowed to testify. It will also list any TGRA representative(s) scheduled to be at

the hearing. The schedule generally will also set the order of presentation at the hearing.

33

807.

(g)

Unless the Board or hearing officer orders otherwise, the Executive Director shall allow all parties

to review in the TGRA office non-confidential portions of any investigation report prepared by TGRA

regarding the matter to be heard and other non-confidential materials that TGRA intends to present

at the hearing. Copies of such materials may be provided to the parties at the discretion of the

Executive Director or by order of the Board upon motion. The , subject to adequate protections for

any material that is produced. To that point, the Board or the Executive Director, either on its, his,

or her own or onincluding at the request of a party, may require that each party and other persons

needing to review confidential or proprietary materials sign a non-disclosure agreement before

reviewing or receiving those materials. If necessary under the circumstances, TGRA may make

appropriate redactions either before showing materials to a party, providing copies to a party, or

both.

(h)

At the hearing, the standard of proof is preponderance of the evidence. Hearings will generally

follow the provisions of Section 804 above. A hearing may be continued by the Board or hearing

officer, at its discretion, and resumed on a later date if deemed necessary to provide a fair hearing.

(i)

At the hearing, generally the party who requests the hearing will go first with its witnesses;, the

other part(ies) will then follow, with a return to the first party for any rebuttal. TGRA may also

present evidence and testimony if the Board or hearing officer so allows. The standard of proof for

factual matters is a preponderance of the evidence. Hearings will generally follow the provisions

of Section 804 above.

(j)

After a hearing, if any, the Board or hearing officer may allow or order appropriate post-hearing

proceedings, including the submission of additional testimony, evidence, or briefing to be offered

before rendering a decision on the merits.

(k)

After the Board takes final action, any party may appeal to the Pueblo Court if allowed under the

Gaming Code and Section 810. In adjudicative proceedings, the Board is not a party in the appeal.

Telephonic Hearings

For civil fines of less than $250 or at the request of, or with the consent of, the respondent in a regulatory

hearing or bothall parties in an adjudicative hearing, a hearing will be held by teleconference or similar

electronic means.

(a)

The Board or hearing officer will ensure that documentsrecords deemed relevant and not

confidential are available to all parties before the hearing. Electronic distribution of records is

preferred when possible.

(b)

The teleconference will be informal, with the Board or hearing officer determining the order and

manner of the presentation.

(c)

A decision may be rendered orally by the Board or hearing officer during the hearing but regardless

a written decision shall be rendered by the Board or hearing officer as provided in Section 809.

34

808.

Subpoenas

When allowed under the Gaming Code orand these regulations, any party to a contested matter may

request that the Board or Executive Director subpoena witnesses within the Board’s jurisdiction, or

documents or other tangible things in the possession of a Person within the Board’s jurisdiction. Each

request shall state the nature of the testimony or information to be sought from the Person subpoenaed

and the relevance to the contested matter. To the extent known, the Person’s address, phone number,

title (if any), and other identifying information must be included. The Board, hearing officer, or Executive

Director may decline to issue a subpoena if the testimony or information sought is irrelevant, duplicative,

private, proprietary, or privileged, or if the Person is beyond the Board’s jurisdiction. (The Board, hearing

officer, or Executive Director may issue an extra-jurisdictional subpoena, but seeking enforcement of the

subpoena is the responsibility of the party requesting it.) The requested subpoena may be modified by the

Board, hearing officer, or Executive Director if it is overbroad, unduly burdensome, or otherwise

inappropriate or unnecessary. A request for a subpoena must be received by the deadline established by

the Board, hearing officer, or Executive Director. In regulatory hearings, the Executive Director may issue

subpoenas sought by TGRA only at the direction of the Board or hearing officer but may not decline to issue

or modify a subpoena request from the Applicant or Licensee except at the direction of the Board or hearing

officer. TGRA has no responsibility or obligation to serve a subpoena it issues.

809.

Decision

TheUnless the Board or hearing officer(s) states in writing that extraordinary circumstances require a longer

time, the Board or hearing officer shall, within 30 calendar days after 1) a hearing, 2) the close of posthearing briefing, or 3) a conclusion that a hearing will not be held, whichever is latest, render a written

ruling or decision on a contested matter. In summary suspensionSummary Suspension cases, the Board or

hearing officer shall issue its decision within 14 calendar days of the latest of the three events in the

preceding sentence. The decision of the Board or hearing officer following a hearing shall be rendered in

writing and copies of the decision sent to all parties or their counsel. All decisions are to be made based on

a preponderance of the evidence. Unless the Board reasonably determines and provides notice to all

parties that further proceedings will take place, including full Board review of a hearing officer’s decision,

the written decision of the Board is aits final action.

810.

Pueblo Court Review

Unless otherwise expressly stated in the Gaming Code or herein, any party aggrieved by a final decision of

the Board may appeal that decision to the Pueblo Court pursuant to Section 14-1-14 of the Gaming Code,

by filing a written notice of appeal with the clerk of the Pueblo Court, and serving a copy thereof on the

Board and all other interested parties, no later than fourteen calendar days from the date of the Board’s

final action.

811.

Public Hearings

The Board may also hold public hearings to address matters of general public interest. Unless procedures

are specified herein, suchSuch hearings should be held after reasonable general notice to potentially

interested Persons and in a fair and open manner.

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PART 9

CONFLICT OF INTEREST

901.

Scope

This Part establishes guidelines for preventing conflicts of interest.

902.

Prohibitions on Giving Items of Value

Within a calendar year, no Licensee or Applicant for a license shall give any thing or things exceeding $250

in value to any Board member or TGRA employee, or to any agent/contractor of the Board or TGRA. This

Section does not apply to meals, food, or other items of significance in Pueblo culture. It also does not

apply to social activities that historically or currently are of significance in Pueblo culture. A Licensee or

Applicant may consult with TGRA if the propriety under this Section of any gift is uncertain.

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PART 10

LICENSING

1001. Scope

This Part governs the evaluation of all applications for licensesLicense Applications under the Gaming Code.

1002. Revocable Privilege

(a)

Any license that is issued by authority of the Board is a revocable privilege and no Person holding a

license or approval shall be deemed to have acquired any vested rights therein or thereunder.

(b)

The burden of proving the Applicant’s suitability to hold any license is at all times on the Applicant.

An Applicant accepts any and all risk of adverse public notice, embarrassment, criticism, or other

action or financial loss that may result from the applicationLicense Application process. By making

the licensing process available to aApplicants for, and to recipients of, licenses, the Board does not

intend either to create any cause of action or to waive its sovereign immunity unless expressly

stated in the Gaming Code or these regulations.

(c)

An application for a licenseA License Application shall constitute a request to TGRA for a decision

upon the Applicant’s general suitability, character, integrity, and ability to participate or engage in,

or be associated with, Gaming Activity in the manner or position sought by the Applicant. By filing

an applicationa License Application with TGRA, the Applicant specifically consents to the making of

that decision by the Board and TGRA.

(d)

A License Application shall constitute an express agreement to the Pueblo’s jurisdiction generally

and to that of the Board and TGRA specifically, and shall also constitute express consent to be

governed by Pueblo law.

1003. License Requirement: Gaming Employees

(a)

Any Person who will be employedretained by a Gaming Operation in a Gaming Employee position

shall, prior to beginning in such employmenta position or receiving any compensation for such

employmenta position, be required to hold a current and valid temporary or pPermanent license

issued in accordance with these regulations.

(b)

A Gaming Operation shall not employretain a Key Gaming Employee who does not hold a

pPermanent license within 90 days of their date of hire.

(c)

Classification of Gaming Employees

(1)

Purpose. In some instances in the past, the distinctions between Key Gaming Employees

and Non-Key Gaming Employees, and between Gaming Employees and Non-Gaming

Employees, have caused confusion. Those distinctions have evolved over time based on

position-by-position assessments. The factors considered in those assessments are too

complex to define in these regulations in a manner that would provide certain results as

new positions are created. Moreover, the Pueblo Council, in enacting the Gaming Code

amendments in 2013, placed a restriction on the discretion of the Board in classifying

employees whopositions that must be licensed, stating that “categories of employees, such

as beverage servers, barbacks, and similar employees, whose exposure to the Gaming

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Activity in such areas is limited and who are not licensed by the Board as of September 1,

2013 will not be licensed under this chapter unless at the express direction of the Pueblo

Council.” Accordingly, this subsection (c) provides a mechanism for continued evaluation

of each position as it is created for classification as a Key Gaming Employee, Non-Key

Gaming Employee, or Non-Gaming Employee position and for maintaining a definitive

listing of those classifications in a schedule published by the Board and updated on a

periodic basis.

(d)

(2)

Classifications by Position Title. The Board shall maintain a schedule listing each position

title and its classification for licensing and other regulatory purposes. The schedule shall

be available on the TGRA website and shall be provided promptly to each Gaming

Enterprise and Gaming Operation. As stated throughout these regulations and consistent

with this Section, a Person holding a position that qualifies as a Gaming Employee position

under applicable law is a Gaming Employee regardless of the person’s legal relationship

with the Gaming Operation, specifically including independent contractors and their

employees. This means that a contractor, or an employee or agent of a contractor, may be

required to go through the licensing process, including the appropriate Background

Investigation, before assuming responsibilities to a Gaming Operation.

(3)

As new position titles are created, and as position descriptions are chamengded, by a

Gaming Enterprise or Gaming Operation, the Executive Director has the authority to make

an interim determination of the classification of the new position pending formal action by

the Board to add the position to the schedule in accordance with 1003(c)(2). The Executive

Director shall promptly notify each Gaming Enterprise and Gaming Operation of the interim

classification, which shall be effective and not subject to review until the Board updates the

schedule under paragraph (4).

(4)

The Board shall, not less thanat least annually, review the interim classifications made by

the Executive Director under paragraph (3) and make final classification determinations

pursuant to the Gaming Code and these regulations, and update the classifications

schedule.

(4)

Each Gaming Enterprise and Gaming Operation, as appropriate, shall provide position

descriptions to TGRA, including any information needed by TGRA to prepare the schedule

and otherwise carry out its responsibilities.

Any Licensee who does not have a current, active license in good standing may not conduct any

action or hold any status or position for which a license is required under applicable law. While a

Gaming Enterprise may continue to retain a Person whose license has been suspended or revoked,

or whose license has expired, a Gaming Enterprise shall not knowingly allow such a Person to

perform any function requiring a license unless and until that Person is licensed in good standing.

A Licensee (e.g., a supervisor or manager) who knowingly permits such a Person to perform work

requiring a license shall be subject to a License Action on that basis alone. “Knowingly” for the

purpose of this subsection means that the Licensee, whether a Gaming Enterprise or supervisor,

has been given written notice by TGRA that the Person’s license either has expired or has been

suspended or revoked.

1004. Classification of Licenses

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As provided in the Gaming Code, certain Persons are required to obtain a license from TGRA before working

for or conducting business with a Gaming Operation or at a Gaming Facility, and the Gaming Operation may

not conduct business with a Person who or which must be but is not licensed.

(a)

Gaming License. A Gaming License is required of natural persons as prescribed by the Gaming Code

and these regulations, and are issued in the following subcategories:

(1)

A Primary Management Official License is required for any Person employedretained by a

Gaming Enterprise or Gaming Operation who meets the definition of a Primary

Management Official in 25 C.F.R. § 502.19(a)-(d).

(2)

A Key Gaming Employee License is required for any Person employedretained as a Key

Gaming Employee who is not required to have a Primary Management Official License.

(3)

A Non-Key Gaming Employee License is required for any Person employedretained as a

Gaming Employee but not as a Key Gaming Employee.

(4)

A Primary Management Official Gaming License is required for each Board member and any

Person employedretained by TGRA or otherwise under the authority of the Board in any

capacity involving the regulation of any Gaming Activity or access to sensitive information

involving any Gaming Activity.

(5)

A Primary Management Official Gaming License is required for each member of the board

of directors or similar body of a Gaming Enterprise, Gaming Operation, or Gaming Facility.

(b)

A Management Contractor License is required for any Person managing all or part of a Gaming

Enterprise under a Management Contract between the Pueblo and the Management Contractor,

or between a Management Contractor and subcontractor.

(c)

A Gaming Facility License is required for a Gaming Enterprise or Gaming Operation to conduct

Gaming at a Gaming Facility.

(d)

Contractor License. Contractor licenses are required of certain Persons conducting business with a

Gaming Enterprise, Gaming Operation, or Management Contractor if their relevant receipts do, or

are reasonably expected to, exceed $10,000 in a calendar year as provided in the Gaming Code and

these regulations. Contractor licenses are issued in the following subcategories:

(1)

A Gaming-Related Contractor License is required for any Person providing goods or services

under a Gaming-Related Contract, including individual Persons who both (1) are employed

or retained by the Gaming-Related Contractor whoand (2) will have access by any means

to Gaming MachinesDevices, Gaming Equipment, Gaming Systems, Gaming Revenues, or

areas of a Gaming Facility deemed sensitive by TGRAany Sensitive Areas, or to sensitive

information regarding any of the aforementioned.

(2)

A Non-Gaming Contractor License is required for any Person providing goods or services

under a Non-Gaming Contract.

(3)

A Construction Contractor’s License is required for any Person providing construction

services to the Pueblo or to a Gaming Enterprise, Gaming Operation, or Management

Contractor which are not directly related to a Gaming Activity but which are for use or

39

consumption by a Gaming Operation, at a Gaming Facility, or significantly by patrons of a

Gaming Facility.

(e)

A Special Gaming License may be granted to any Person that TGRA determines must be licensed

under Gaming Code Section 14-1-5A(7) to protect the integrity of gaming but does not fit within

any of the license types listed above.

(f)

Work Sharing and Cross-Training

To promote efficiency and to address understaffing issues, a Gaming Operation may cross-train

Gaming Employees so that they may work in multiple gaming areas subject to the requirements

and limitations of this subsection.

(1) Gaming Employee Licensees may not Work Share/Cross-Train in a gaming position that is above

their current gaming license level. In other words, Non-Key Gaming Employee License holders

may not Work Share/Cross-Train into a Key or PMO License level position, and Key license

holders may not Work Share/Cross-Train into a PMO license level position. Of course,

licensees are allowed to work in same-level and lower-level gaming positions and may apply

for a higher-level license.

(2) Work sharing must be implemented in a manner that maintains adherence to internal controls

and applicable law. As examples, PMO Licensees who are work sharing in a lower-level license

position cannot approve their own signed documents, and PMO Supervisors assigned to a lower

license level position cannot also supervise the same gaming area during the same gaming day.

(3) Gaming Licensees may not Work Share/Cross-Train into unclassified gaming positions (which

do not include positions outside license classification requirements). If a new gaming position

is needed, the Gaming Operation shall follow the current job position classification process

outlined in the relevant section above.

(4) Each Work Share/Cross-Trained Gaming Employee must complete documented training for the

gaming area, including relevant internal controls, before beginning work in the new area. That

documentation must be included in the person’s personnel file and must be made available for

inspection in accordance to LGCB Regulations Section 1110.

(5) If any amendments have been made since the previous reported list, a list of Gaming Licensees

who are assigned to Work Share/Cross-Training positions or are transferred into a different

Primary Position must be provided to TGRA by the close of business on the last business day

each week that includes, but is not limited to, the following information:

(i) Name of Gaming Employee,

(ii) Current Primary Position,

(iii) Work Share/Cross-Training position(s) assigned, and

(iv) Attestation to the completed Documented Training for each Work Share/Cross-Training

area.

(6) Gaming Employees in the following departments may not work in any other department

without the express prior written approval of the Executive Director:

(i) Surveillance, or

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(ii) Security.

(f)(g)

Exemptions from License Requirement

TGRA may issue an exemption regarding Persons otherwise required to have a Non-Gaming

Contractor License or a Construction Contractor License.

(1)

Any exemption is issued to the Gaming Operation and exempts it from the prohibition on

doing business with a Person otherwise requiring a license. An exemption also relieves the

Person from the requirement to have a license. Such exemptions may be granted by TGRA

with or without a request from the Contractor or the Gaming Operation. However, if TGRA

determines that the determination of a Contractor’s potential exemption may be involved

factually or otherwise, TGRA may require that the Gaming Operation request an exemption

on forms prescribed by TGRA.

(2)

TGRA may request from the Gaming Operation any information deemed necessary to

assess the request for an exemption. As an alternative and in its discretion, TGRA may

request such information directly from the Person seeking the exemption.

(3)

TGRA may assess a reasonable fee when making a determination regarding a request for

exemption, including research and staff costs.

(4)

Unless indicated otherwise by TGRA when granting an exemption, an exemption shall have

a duration of one year.

(5)

Exemptions are granted at the sole discretion of TGRA under the authority of the Board.

Denials of exemption requests are subject to hearing by the Board under Section 8.

(6)

Entities Subject to Exemption Consideration. TGRA may grant an exemption to a NonGaming Contractor or Construction Contractor when it determines that doing so is both in

the best interest of the Pueblo and does not pose an undue risk to the integrity of any

Gaming Activity or Gaming Revenues. An exemption may be granted to entities meeting

one or more of the following descriptions or criteria, or to entities having substantially

similar characteristics as determined by TGRA in theits sole discretion of TGRA:

(i)

(ii)

(iii)

(iv)

(v)

(vi)

Corporations that are publicly traded on a recognized stock exchange with annual

gross revenue of more than $50 million;

National or regional chains having ten or more locations in at least five states;

Public utilities and communications companies (including cooperatives) whose

rates charged to the Gaming Operation are set by tariff or other schedule approved

by an independent regulatory entity;

National delivery services, including the United States Post Office, United Parcel

Service, Fed Ex, and similar entities;

Entities wholly owned by Pueblo members if the goods and services provided to all

Gaming Operations is reasonably anticipated to be less than $50,000 in a calendar

year;

Entertainers and other similar Persons retained, directly or indirectly, by a Gaming

Operation to perform on a one-time basis or infrequently for an event of limited

duration;

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(vii)

(viii)

(ix)

(x)

(xi)

(xii)

(xiii)

(xiv)

(7)

Other Exemption Factors. A Non-Gaming Contractor or Construction Contractor is less

likely to threaten the integrity of a Gaming Activity or Gaming Revenues, and therefore

more likely to qualify for an exemption, if:

(i)

(ii)

(8)

It provides only standardized goods at published prices, notwithstanding any

volume discounts;

It does not provide tangible or intangible items of value to the individual placing an

order (e.g., gift cards, coupons).

Exceptions. Even if a Person would otherwise meet the criteria for a license exemption,

that Person shall not be granted an exemption if the contract requires or allows:

(i)

(ii)

(h)

Transportation companies retained by a Gaming Operation or Gaming Enterprise

to provide service to Patrons at a fixed contract rate;

Print, broadcast, internet, satellite, and cable media, including newspapers,

magazines, and radio and television stations from which only the physical media or

electronic content is purchased;

Advertising media, including print publications, broadcast, internet, cable, satellite,

and cellular, whose advertising rates are fixed by schedule (even if subject to

discounts for volume or otherwise), provided, however, that a license exemption

does not relieve the Gaming Operation from obtaining approval of any promotion

contained within any advertising, and provided that advertising agencies,

advertising brokers, and similar entities are expressly not subject to exemption.

under this subparagraph (ix).

The United States, the State of New Mexico, and the Pueblo of Laguna, each as the

recipient of payments from Gaming Revenues as required by Applicable

Lawapplicable law, the Compact, or agreement.

Trade or Interest Group Associations that are registered with a tribal, state or

federal government (e.g., the National Indian Gaming Association).

Non-profit organizations registered with a tribal, state or national government and

which must regularly report their financial condition publicly.

Commercial airlines, Amtrak, and other regulated public carriers.

Internet merchants who sell standard retail products at generally available prices,

provided that purchases are subject to a Gaming Operation protocol intended to

identify competitive prices.

on-site work in or near a sensitive areaSensitive Area, or

any work that provides access to Gaming MachinesDevices, Gaming Equipment, or

Gaming Systems.

Pre-Screening

Because of the $10,000 floor for contractor licenses, there was some confusion about how to deal

with contractors who might or might not exceed that floor in a calendar year. Both the Gaming

Enterprise and contractors faced uncertainty, and possibly an interruption in their contractual

relationship, when the licensing threshold was approached. To address this situation, TGRA now

has a “Pre-Screening” process whereby all contractors receive a less-involved background check for

which they pay a nominal fee (unless waived by TGRA in the Executive Director’s discretion). The

42

Pre-Screening process is intended to expedite the licensing process if the threshold is reached, and

contractors must comply with the Pre-Screening process as implemented by TGRA.

.

(i)

Valet Personnel

Valet personnel directly serving patrons of a Gaming Facility have historically been licensed as Key

Gaming Employees because the definition of that term in Section 14-1-2 of the Code states in part:

“All valet personnel shall also be considered Key Gaming Employees unless expressly excluded by

the Board by regulation or order.” The Board has concluded expressly that valet personnel need

not be licensed as Key Gaming Employees to protect the integrity of gaming so long as the Gaming

Enterprise ensures that:

(j)

(1)

All valet personnel must go through a background check performed by TGRA under the

MOU between the Gaming Enterprise and TGRA under § 14-1-6(K) of the Code, if such an

MOU is in place, or if not, through an alternative background check process approved in

writing in advance by TGRA.

(2)

All valet personnel must be insured by the Gaming Enterprise’s insurer, including for any

loss of or damage to a Gaming Facility patron’s vehicle, in an amount equal to or greater

than that required by the {{Compact}} in force (e.g., Section 8 of the {{2015 Compact}})

(3)

All valet personnel must be legally eligible to operate a vehicle on Pueblo lands (e.g., they

must have valid driver’s licenses, must be of sufficient age, etc.)

Multiple Gaming Licenses

In general, a natural person may not receive or hold a Gaming License issued by the Board while

also holding one or more gaming licenses from other jurisdictions (tribal or otherwise), especially if

the other jurisdiction(s) is in New Mexico. Exceptions may and shall be made by the Executive

Director if the Executive Director is satisfied that confidentiality and conflict of interest issues pose

no or very little risk to the integrity of gaming on Pueblo lands. Such exceptions are particularly

likely:

(1)

for Gaming Enterprise board members, who are appointed by the Pueblo Council and

whose employment may well be in another state, where they may be licensed by a tribe or

that state, or who, for example, may serve on tribal enterprise boards in multiple states;

(2)

for Gaming Enterprise board members and certain employees (including board members

or employees of subsidiaries of a Gaming Enterprise) who are required to obtain a gaming

license in another state solely because of Gaming Enterprise (or Gaming Enterprise

subsidiary) business activity in another state (whether on Indian or non-Indian land), which

might, for example, include the purchase by the Gaming Enterprise of a casino in another

state; or

(3)

for an Applicant who is in the process of obtaining a license from TGRA because the

Applicant is in the process of changing employment from a gaming facility in another

jurisdiction to a Pueblo Gaming Facility. Such employment transitions are generally to be

addressed as follows to ensure that the Applicant relinquishes the prior gaming license

from another jurisdiction before beginning employment at a Pueblo Gaming Facility,

43

although the Board recognizes that unique circumstances may require the Executive

Director to exercise discretion to account for different situations. Generally, once TGRA

determines that an Applicant is eligible for a Gaming License (but for holding the prior

license(s) from one or more other jurisdictions), TGRA will inform the Applicant that a

Gaming License will be issued once the Applicant complies with this subparagraph (3)

unless there is an intervening disqualifying event (for example, a felony arrest and

subsequent conviction). Such an Applicant may be required to fill out a form, under penalty

of perjury, stating that the Applicant will relinquish the prior gaming license(s) prior to

receiving a Pueblo Gaming License and prior to beginning work at a Pueblo Gaming Facility.

Generally, TGRA is able to verify relinquishment quickly through other gaming

commissions. If there is a delay in TGRA receiving confirmation that an Applicant has in

fact relinquished a prior gaming license and that delay would affect an Applicant’s start

date at a Pueblo Gaming Facility, the Executive Director has the discretion to grant a

temporary Pueblo Gaming License until confirmation from the other jurisdiction(s) is

received. In that event, the Applicant generally will be required to fill out a second form,

also under penalty of perjury, stating that, as of that date, the Applicant is no longer in

possession of a gaming license from another jurisdiction and will no longer work under that

gaming license. The penalties assessed or otherwise pursued by TGRA for an Applicant’s

failure to be truthful on such form(s) should be strong enough to deter future

untruthfulness by other applicants and the Applicant should be aware that license

revocation is a likely outcome if the prior gaming license was not, in fact, relinquished,

contrary to the Applicant’s signed statement. Civil fines may also be imposed.

On the other hand, exceptions shall not be made if the Applicant obtains or will continue to hold a

gaming license from another jurisdiction within the boundaries of New Mexico unless approved by

the Board upon notice from the Executive Director. The Board has determined, after consultation

with the Gaming Enterprise, that the risk to the integrity of gaming is simply too high if an Applicant

or Licensee is licensed elsewhere in New Mexico. The Board would only approve an exception if it

has failed to foresee an extraordinary situation.

Contractors pose different issues and may often provide goods or services to multiple gaming

jurisdictions. TGRA shall nevertheless be cognizant of risks to the integrity of gaming when

considering applications from contractors.

1005. License Application

(a)

An Applicant for any type of license must apply on forms providedthe appropriate form(s) approved

by the BoardExecutive Director. The application forms shall be completed under the penalty of

perjury. The application forms may include questions concerning the following:

(1)

Personal background information;

(2)

Financial information;

(3)

Participation in legal and illegal gaming or other activities in any jurisdiction;

(4)

Criminal record information;

(5)

Information concerning all pecuniary and equity interests in the Applicant; and

44

(6)

Other information as required.

(b)

The applicationLicense Application forms shall include notice and disclosure to the Applicant

satisfying any federal regulations and other legal requirements relating to the content and scope of

the background investigation and the Applicant’s legal rights to review and/or correct information

revealed in that investigation.

(c)

The applicationLicense Application forms shall be accompanied and supplemented by the

documents and information as may be specified or required. by TGRA, including under applicable

law. The failure to supply the information requested constitutes grounds for ceasing processing of,

delaying, or denying the application. In situations in which a Licensee is submitting aup for license

renewal application, or is transferring positions within 180 calendar days of the date of the previous

applicationlicense approval, the Licensee may rely on prior application materials and provide only

updated or additional information as required.

(d)

All documents and information required to be included in an application for licensea License

Application must be true and complete as of the date the application is filed with TGRA. The

Applicant shallmust promptly amend any document or information based on facts occurring after

filing the original application so as to keep the information true and accurate. As set forth below,

the failure to provide complete and accurate information is grounds for denial of a License

Application or, if warranted, granting a request by the Applicant to withdraw the License

Application under Section 1007.

(e)

An applicationA License Application may be amended in any respect by leave of TGRA at any time

before final action by TGRA. Any amendment to the application shall have the effect of establishing

the date of the amendment as new filing date of the application with respect to any time

requirements for the action on the application.

(f)

Other failures by an Applicant to diligently pursue the licensing process may also be grounds for

TGRA to (1) cease processing the License Application for a period of seven calendar days to allow

time for the Applicant to demonstrate that the Applicant will comply with licensing deadlines after

at least one unexcused failure to do so; (2) declare an Applicant ineligible to apply under Section

1006 for a period of at least fourteen calendar days for repeated unexcused failures to comply with

licensing deadlines; or (3) deny a License Application if either (1) or (2) (or both) does not result in

acceptable compliance with licensing appointments and/or deadlines. For example, an Applicant’s

failure to attend information sessions, meetings, or other scheduled licensing-related events

without good cause (and especially without prior notice, when such notice is possible) places an

undue and unnecessary burden on TGRA and is grounds for remedial action under this subsection

at the Executive Director’s discretion. If an Applicant agrees to a date and time for a scheduled

licensing-related event orally or in writing, it is the Applicant’s responsibility to request to

reschedule should that become necessary. If TGRA proposes a date and time by email or other

written communication, it shall provide the applicant at least forty-eight hours’ notice and invite

the Applicant to request a different date and/or time. If TGRA ceases processing an application

under (1) or if an Applicant is declared ineligible to apply under (2), the Gaming Enterprise cannot

have any expectation that a Gaming License will be granted until the relevant period (e.g., seven or

fourteen days) has expired, and the Gaming Enterprise shall not communicate anything to the

contrary to an Applicant. Of course, an Applicant may request to withdraw a License Application

under Section 1007 if the Applicant no longer wishes to pursue a license.

1006. Ineligibility to Apply

45

If an Applicant is deemed by TGRA to be ineligible to apply for a license under Section 1018 or otherwise,

the applicationLicense Application may be summarily rejected. and the Applicant declared “Ineligible to

Apply,” in which case:

(a)

The fee paid shall not be refunded.

(b)

A summary rejection for “Ineligibility to Apply” is not a license denial.

(c)

Within seven calendar days, the Applicant may seek a hearing before the Board under Part 8 of

these regulations. (Applicants are cautioned, however, that matters leading to an ineligibility

determination are generally straightforward and not likely to be overturned after a hearing..)

(d)

The Applicant shall remain ineligible to apply until the underlying matter resulting in ineligibility

(e.g., a pending criminal charge) is resolved or until a period of time determined by TGRA has passed

(for example, seven or fourteen days under Section 1005 (f), whichever is later. TGRA may dictate

any set period of ineligibility (e.g., six months) if an ineligible Applicant’s acts or omissions so

warrant, in which case the set minimum period of ineligibility shall be communicated to the

ineligible Applicant and the Gaming Enterprise in writing.

1007. Withdrawal of Application

(a)

An Applicant may file a written request to withdraw an applicationa License Application at any time

before TGRAthe Board takes final action on the application. Final action by the Board on the

application occurs when TGRA grants or denies a licensea license, when a hearing before the Board

is waived, or when the Board issues its decision after hearing.

(b)

TGRA may, in its discretion, deny or grant the request for withdrawal of application with or without

prejudice. TheIf the Board has already held a hearing, the Board shall consider the request to

withdraw and direct the Executive Director to deny or grant the request. In any event, the

application fee is nonrefundable.

(c)

If TGRA grants a request for withdrawal is granted with prejudice, the Applicant is not eligible to

apply for licensinga Gaming License for a period of six months from the date of the withdrawal is

granted.

1008. Background Investigation

Consistent with Section 14-1-6 of the Gaming Code, Applicants for licenses shall provide all documents and

information requested byon their applicationLicense Application forms and all other documentation or

information that TGRA may deem necessary. TGRA shall examine the Applicant’s background, personal

history, financial associations, character, record, and reputation and. TGRA may also examine the persons

associated with the Applicant to the extent that TGRA determines that it is necessary to evaluate the

qualifications and suitability of the Applicant for licensing but in. In no case shall the evaluation of the

Applicant or Licensee be less than required by applicable federal law or the Compact. TGRA shall provide

each Applicant or Licensee any opportunity to review a background report as required by applicable law,

TGRA procedures, or contract before a license decision may be deemed final. Applicants and Licensees are

on notice that their social media activities, and internet presence more generally, may be reviewed by TGRA

in this process. While TGRA independently evaluates the reliability of all background investigation materials

46

in making a suitability determination, Applicants should inform TGRA if they are aware of information about

them on the internet that they believe is untrue or misleading.

1009. Temporary Licenses

(a)

TGRA, may its discretion, issue a temporary license, for up to 90 days, to any Applicant for license

upon the following grounds:

(1)

(a)

The application in its entirety indicates that:

(i)

The Applicant meets the preliminary criteria for licensing;

With technological changes in the background investigation process, reports that used to take

weeks or even months are now generally available in a matter of days. The exception is jurisdictions

(“non-reporting jurisdictions”), such as other tribal nations, which do not uniformly report

information to the national services used by TGRA and which often take considerable time to

respond to requests for background information. However, the Gaming Enterprise has also

informed the Board that the competition for gaming employees has increased significantly and that

it is imperative that new employees be licensed as quickly as practicable while also acknowledging

and endorsing the importance of screening out unsuitable persons. Balancing these factors is

difficult for the Board and TGRA, but this Section is an attempt to recognize the realities faced by

the Gaming Enterprise while also fulfilling the Board’s mission to safeguard the Pueblo in light of

the availability of background information. Accordingly, TGRA may, in its discretion, and generally

will issue a temporary license, for up to 90 days, to any Applicant for license upon the following

grounds:

(1)

The License Application is complete, and the Applicant has complied with all application

processes, including requests for supplemental information (which may exclude requests

for information from non-reporting jurisdictions at the discretion of the Executive Director);

(2)

The License Application and available background information do not disclose or reveal

information that is necessarily or probably disqualifying;

(3)

TGRA has received the criminal history report from the FBI and the report from TGRA’s

designated third-party background investigation agent(s) (currently TrueScreen) (or the

equivalents of each), and those reports do not reveal information that is necessarily or

probably disqualifying;

(2)(4)

The Applicant does not appear to present any danger to the public or to the reputation of

gaming on Pueblo Lands;

(ii)

Preliminary review reveals no indication that further investigation will reveal

disqualifying information; and

(3)(5)

The Applicant has paid all applicable fees., or an arrangement for a Gaming Operation to

pay the fees promptly is in place;

(6)

The Applicant has not, in the ten years prior to the date of application, been a resident of

a jurisdiction that is not covered by the inquiries conducted by each of the FBI (criminal

history) and TGRA’s designated third-party background agent(s) (broader background

information, including sexual offender registry information); provided that if the Applicant

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has been a resident in such a jurisdiction but (A) has also been licensed by one or more

gaming regulatory agencies (or governmental agencies with similar licensing and

background investigation responsibilities) and (B) TGRA is able to verify that those licenses

were not revoked or suspended based on improper or illegal behavior by the Applicant, a

temporary license may be issued; provided further, however, that if TGRA is not able to

obtain such verification(s) within seven calendar days of a request, the Executive Director

has the discretion to grant a temporary license, including after consultation with the

Gaming Enterprise to evaluate risks, benefits, and potential alternate courses of action; and

(7)

For jurisdictions in which the Applicant has resided in the last ten years and in which the

FBI and TrueScreen (or their equivalents) do not obtain background information, a

temporary license will not be issued (except at the discretion of the Executive Director as

provided herein), and a Permanent license determination will be made as promptly as

possible once information if received from such jurisdiction(s) by TGRA.

(b)

TGRA may change a temporary license into a pPermanent license when the Background

Investigation is complete and, TGRA is satisfied that the holder of the temporary license is suitable

to hold a permanent licensePermanent license, and all other provisions of applicable law have been

satisfied.

(c)

When TGRA changes a temporary license into a pPermanent license, the date of issuance of the

license shall be that of the temporary license.

(d)

A temporary license may expire onof its own accord, or it may be suspended, revokedthe subject

of a License Action or summarily suspendeda Request for Information under the same terms and

conditions as a pPermanent license.

(e)

TGRA may issue consecutive temporary licenses except to employeespersons meeting the

definition of a Key Gaming Employee.

(f)

Even after a temporary license is issued, TGRA may deny the License Application, and such action

is treated under these regulations as a license denial, not a revocation of the temporary license. In

such instances, the temporary license terminates as of the date of the application denial by TGRA

unless otherwise stated in writing by the Executive Director.

(g)

TGRA often grants a license to a Gaming Employee relatively soon after a Background Investigation

is completed, and the Applicant therefore can begin work, but such licenses are legally “temporary”

until the Commission reviews TGRA’s notice of results, as required by 25 C.F.R. § 558.2. See Section

1016. If the Commission does not object to the notice of results within the time allowed or if TGRA

reconsiders the application and again approves it, the license becomes “permanent.” If TGRA

reconsiders the application in light of the Commission’s information and denies the application, the

temporary license is suspended by operation of law. Such an application denial gives the Applicant

the right to a hearing under Section 1015. See also 25 C.F.R. § 558.4.

1010. Drug Test

(a)

At the time it makes a decision to hire any Gaming Employee, theThe Gaming Enterprise or Gaming

Operation shall cause a drug test to be administered to the Applicant in accordance with Section

1122 of these regulations.

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(b)

The Gaming Enterprise or Gaming Operation shall not hire or retain any Gaming Employee who

tests positive for illegal drugs. drug use.

(c)

If a positive drug test result is obtained and is indicative of illegal drug use, the Gaming Enterprise

or Gaming Operation may permit the Gaming Employee or Applicant for a Gaming Employee

position to be retested in accordance with the drug testing plan approved pursuant to Section 1122

of these regulations.

1011. Fingerprints

(a)

ApplicantsOn-site applicants shall submit to fingerprinting by the Board or its authorized agent..

The Gaming Enterprise or Gaming Operation shall direct all Applicants to TGRA offices or another

authorized location for the taking of fingerprints as provided in the Code.

(b)

Unless otherwise directed by the Executive Director in writing, remote Applicants shall submit to

fingerprinting by the Board at the TGRA office or by obtaining a physical fingerprint card from TGRA

and completing it in accordance with procedures to be provided by TGRA.

1012. Duration of License

Every license issued under these regulations shall have a term of one calendar year except: (1) Any license

for a Management Contractor shall be renewed automatically each year during the term of the

Management Contract unless the Board determines that the Management Contractor is in violation of

applicable law; (2) Gaming Facility Licenses shall be for up to three years; and (3) if a contractor

licenseContractor License would otherwise have a term of six months or less, the Executive Director has the

discretion to grant a license for up to eighteen months to avoid repetitive licensing processes. The Executive

Director may extend a Gaming Employee License, a Contractor License, or a Special License (as defined in

Sections 1004(a), (d), and (e)) for a period of up to 90 days for good cause.

1013. Renewal of Licenses

Every Licensee shall submit an application for renewal of a license on a form prescribed by TGRA and pay

the appropriate renewal fee no more than 60 calendar days and no less than 30 calendar days before the

license expires. Payment of the appropriate renewal fee is due with the application unless another

arrangement approved by TGRA is made.

(a)

TGRA may consider any application for renewal of a license submitted after the 30 calendar-day

deadline only if the Licensee pays a late charge, but TGRA may not consider any application for

renewal of a license received by TGRA after the license has expired. Instead, the Applicant must

submit a new license application, including all fees and penalties.

(b)

A timely filed application for renewal of a license shall be deemed to incorporate all information

contained in the Licensee’s original application. The Licensee shall be required to supply only

(1)

new or corrected information that responds to the questions on the original application,

and

(2)

information that responds to questions not previously asked by TGRA in an identical

manner.

49

(c)

TGRA may, if and as it deems it necessary, conduct further Background Investigation with respect

to any application for license renewal of a license.

(d)

TGRA shall renew ormay deny thea license renewal but may deny an application for renewal only

(1) on the basis of new or corrected information not before TGRA when it previously granted the

license. , or (2) on the basis of the failure to provide such information. Alternatively, if a renewal

Applicant does not provide information reasonably requested by TGRA, TGRA may stop processing

the application or take other appropriate steps to ensure compliance with applicable law.

(e)

In the event of a denial, the Licensee shall receive written notice thereof and shall have the right to

a hearing as set forth in Part 8.

(f)

An employeeA Licensee whose application for a License renewal is approved shall surrender the

old license upon issuance of thea new license, if a new physical license is issued.

(g)

The Executive Director may extend the term of any License by up to 60 days if TGRA requires

additional time to review the renewal application. If a renewal application is approved, the

renewed license term shall commence on the date specified by TGRA. If a renewal application is

denied, any extension shall automatically terminate on the date of the denial unless the Executive

Director specifies a different termination date in writing.

(h)

Facility Licenses are governed by Section 1021. A Management Contractor License Application and

procedures will be issued by TGRA if necessary, in the future. Neither Facility nor Management

Contractor Licenses are subject directly to this Section except to any extent communicated to a

Licensee by TGRA in writing.

1014. Identification Badges; Gaming Licenses; Gaming Employee Credentials and Assets; Separation or

Suspension

(a)

Definitions for this section:

(1)

“Gaming Licensee Credentials” or “Credentials” include a Gaming Employee’s Identification

Badge and Gaming License.

(2)

“Gaming Licensee Assets” or “Assets” include Gaming Licensee Credentials and any or all

of the following: uniform(s), keys, electronic devices, or any other material thing issued by

the Gaming Enterprise or Gaming Operation to the Licensee either that is worth more than

$10.00, or that could be used to create the impression that a person is a Gaming Employee

or that the person should have access to a sensitive or restricted area.

(3)

“Suspension” includes:

(i)

suspension of a Gaming Employee by a Gaming Enterprise or Gaming Operation;

(ii)

a proposed suspensionFixed Suspension or revocation of a Llicense by TGRA where

there is also a Summary Suspension pending any hearing and resolution by the

Board of the proposed suspension by the BoardLicense Action; or

(iii)

a suspensionFixed Suspension of a Licenselicense confirmed or imposed by the

Board; but

50

(iv)

(4)

(b)

does not include, a Summary Suspension imposed by TGRA solely for failure to

perform a discrete task not related directly to the integrity of Gaming (e.g., failure

to provide documents pursuant to a Request for Information).

“Separation” includes:

(i)

termination of a Gaming Employee by a Gaming Enterprise or Gaming Operation;

(ii)

any other conclusion of a Gaming Employee’s gaming employment or retention by

a Gaming Enterprise or Gaming Operation, including but not limited to resignation

or transfer to a non-gaming position; or

(iii)

revocation of a Gaming Employee License by the Board.

The Gaming Enterprise or Gaming

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