25 CFR 518.5 - What criteria must a tribe meet to receive a certificate of self-regulation?
(a) The Commission shall issue a certificate of self-regulation if it determines that for a three (3)-year period, the tribe has:
(3) Conducted its gaming activity in compliance with the IGRA, NIGC regulations in this chapter, and the tribe's gaming ordinance and gaming regulations; and
(iii) Investigating, enforcing, prosecuting, or referring for prosecution violations of its gaming ordinance and regulations; and
(b) A tribe may illustrate that it has met the criteria listed in paragraph (a) of this section by addressing factors such as those listed below. The list of factors is not all-inclusive; other factors not listed here may also be addressed and considered.
(1) The tribe adopted and is implementing minimum internal control standards which are at least as stringent as those promulgated by the Commission;
(2) The tribe requires tribal gaming regulators to meet the same suitability requirements as those required for key employees and primary management officials of the gaming operation(s);
(3) The tribe's gaming operation utilizes an adequate system for accounting of all gaming revenues from Class II gaming activity;
(4) The tribe has a dispute resolution process for gaming operation customers and has taken steps to ensure that the process is adequately implemented;
(iv) Routinely receives and reviews gaming revenue accounting information from the gaming operation(s);
(v) Has access to, and may inspect, examine, photocopy and audit, all papers, books, and records of the gaming operation(s) and Class II gaming activities;
(vii) Has adopted and is implementing an adequate system for investigating, licensing, and monitoring of all employees of the gaming activity;
(viii) Maintains records on licensees and on persons denied licenses, including persons otherwise prohibited from engaging in gaming activities within the tribe's jurisdiction;
(ix) Establishes standards for, and issues, vendor licenses or permits to persons or entities who deal with the gaming operation, such as manufacturers and suppliers of services, equipment and supplies;
(xi) Has adopted and is implementing an adequate system for the investigation of possible violations of the tribal gaming ordinance and regulations, and takes appropriate enforcement actions; and
(xii) Takes testimony and conducts hearings on regulatory matters, including matters related to the revocation of primary management officials, key employee and vendor licenses;
(6) The tribe allocates and appropriates a sufficient source of permanent and stable funding for the tribal regulatory body;
(7) The tribe has adopted and is implementing a conflict of interest policy for the regulators/regulatory body and their staff;
(8) The tribe has adopted and is implementing a system for adequate prosecution of violations of the tribal gaming ordinance and regulations or referrals for prosecution; and
(9) The tribe demonstrates that the operation is being conducted in a manner which adequately protects the environment and the public health and safety.
(c) The tribe assists the Commission with access and information-gathering responsibilities during the certification process.
Title 25 published on 2014-04-01.
No entries appear in the Federal Register after this date, for 25 CFR Part 518.