§ 10-302 Informal resolution by Director of Customer Care or insurance carrier.
A. Upon becoming aware, by any means, of bodily injury, personal injury or property damage occurring in the gaming facility that could be a compensable injury, the Director of Customer Care shall first ensure the safety and comfort of those involved. Thereafter, he or she shall collect and preserve as much information and documentation about the alleged incident as reasonably possible under the circumstances.
B. If the identity and contact information of those alleging they have been harmed is known:
1. The Director of Customer Care shall provide a notice of tribal dispute process as described in Section 10-303(B) to them by personal service (preferable if this can be accomplished on site when the incident occurs) or by certified mail return receipt requested as soon as possible, but in no event later than forty-five (45) days after learning of the bodily injury, personal injury or property damage.
2. The Director of Customer Care shall be empowered, and have the discretion, to proactively make contact with those alleging they have been harmed to offer aid and assistance, reasonable accommodation, and to meet their immediate economic and logistical needs. Though the Director of Customer Care’s priority is to care for the safety and needs of the customer, if in the Director of Customer Care’s discretion she or he believes it is appropriate, the Director of Customer Care may interview those involved, take formal or informal statements from them, review evidence and speak with any witnesses. If it is possible for the Director of Customer Care to resolve the matter directly with those alleging bodily injury, personal injury or property damage, she or he is empowered to do so within the guidelines provided by the Gaming Authority.
C. The Director of Customer Care is responsible for:
1. Notifying the Gaming Authority’s insurance carrier of all claims and potential claims covered under the policy within the time frames set out in the policy.
2. Coordinating with the insurance carrier to confirm whether the insurance carrier or the Gaming Authority will take the lead on the investigation, how communication with those claiming bodily injury, personal injury or property damage will be handled, and how any resulting negotiations or determinations will be made.
3. Ensuring each known claim or potential claim for a compensable injury is either being processed or has been resolved.
4. Reporting to the Gaming Authority at least quarterly on the status of all pending and resolved claims for compensable injuries. (Res. 2021-22)