A. Conduct background investigations, or cause such investigations to be conducted, for, at a minimum, primary management officials, key employees, gaming employees and others required to hold licenses pursuant to this chapter;

B. Review and approve all investigative work conducted in connection with the background investigations of primary management officials, key employees, gaming employees and others required to hold licenses pursuant to this chapter;

C. Create and maintain investigative reports based on the background investigations of primary management officials, key employees, gaming employees and others required to hold licenses pursuant to this chapter;

D. Designate a law enforcement agency to obtain and process fingerprints and conduct criminal history checks that shall include a check of criminal history records information maintained by the Federal Bureau of Investigation;

E. Make licensing eligibility determinations, which shall be signed by the Chair of the Gaming Commission;

F. Submit a notice of results to the NIGC of the background investigations conducted for each primary management official and key employee applicant;

G. Issue gaming licenses if warranted by the eligibility determination;

H. Consistent with Section 6.4 of the tribal-state compact, establish standards for licensing gaming facilities, gaming employees, gaming resource suppliers and financial sources;

I. Issue gaming licenses to gaming facilities, gaming resource suppliers and financial sources;

J. Inspect, examine and monitor all of the Tribe’s gaming activities, and have immediate access to review, inspect, examine, photocopy and audit all records of the gaming operation;

K. Ensure compliance with all applicable tribal, state, and federal laws, rules and regulations regarding Indian gaming;

L. Investigate any suspicion of wrongdoing associated with any gaming activities;

M. Hold hearings on patron complaints, in accordance with procedures established in this chapter, the Gaming Commission’s regulations, or the tribal-state compact;

N. Comply with any and all reporting requirements under IGRA, the NIGC’s regulations, or a tribal-state compact, and any other applicable law;

O. Promulgate and issue regulations that adopt, as a matter of tribal law, Uniform Tribal Gaming Regulations CGCC-1, CGCC-2, CGCC-7, and CGCC-8, and subsequent Uniform Tribal Gaming Regulations;

P. Promulgate and issue regulations necessary to comply with applicable internal control standards;

Q. Promulgate and issue regulations on the levying of fees and/or taxes associated with gaming license applications;

R. Promulgate and issue regulations on the levying of fines and/or the suspension or revocation of gaming licenses for violations of this chapter or any tribal, federal or state gaming regulations, if applicable;

S. Maintain a list of persons permanently excluded from the gaming facility who, because of their past behavior, criminal history, or association with persons or organizations, pose a threat to the integrity of the gaming activities of the Tribe or to the integrity of regulated gambling within the state. The Gaming Commission shall transmit a copy of the list to the state gaming agency quarterly and shall make a copy of the current list available to the state gaming agency upon request;

T. Establish a list of persons who have voluntarily agreed to be excluded from gaming, and create regulations for enforcing the exclusions;

U. Provide referrals and information to the appropriate law enforcement officials when such information indicates a violation of tribal, federal or state statutes, ordinances, regulations, codes or resolutions;

V. Create a list of regulatory authorities that conduct background investigations of licensees and are recognized as trustworthy;

W. Promulgate regulations exempting suppliers from the licensing and/or background investigation requirements if they have received a license from a recognized regulatory authority;

X. Perform such other duties that the Gaming Commission deems appropriate for the proper regulation of the gaming operation;

Y. Promulgate such regulations and guidelines as deemed appropriate to implement the provisions of this chapter, so long as they are in furtherance of, and not in conflict with, any provisions of this chapter;

Z. Ensure that all gaming fees for all gaming activities and any other fees assessed by the NIGC are sent to the NIGC on a timely basis;

AA. Correspond with the NIGC regarding compliance with the rules and regulations of that agency. The Gaming Commission shall coordinate with the Tribal Council, Tribal Chairperson and Vice-Chairperson regarding correspondence with the NIGC on any policy matter;

BB. Assure that all gaming activities are conducted honestly and fairly and that the gaming facility is constructed in a manner that adequately protects the environment and the public health and safety;

CC. Establish an adequate system to include fingerprint clearances with the California Department of Justice and/or with the NIGC, which ensures that background investigations are conducted on all primary management officials and key employees of any gaming activities and that oversight of such officials and their management is conducted on an ongoing basis. The Gaming Commission will have final authority regarding the granting of tribal gaming licenses for primary management officials and key employees and other persons. The Gaming Commission shall notify the NIGC of the issuance of such licenses. The Gaming Commission will review all applications and background investigations to ensure that no person shall be eligible for employment in or with any part of the gaming operation if that person’s prior activities, criminal record or reputation, habits or associations pose a threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair or illegal practice, methods and activities in the conduct of gaming. The Gaming Commission shall notify the NIGC of the results of such background checks before the issuance of such licenses;

DD. Review all records, documents and anything else necessary and pertinent to enforcement of any provisions of this chapter or the tribal-state compact;

EE. The Gaming Commission shall have full power and authority to issue subpoenas and compel the attendance of witnesses for hearings at any place within the Indian Lands of the Tribe, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of the process and notices in civil actions. The Gaming Commission may pay such transportation and other expenses of witnesses, as it may deem reasonable and proper;

FF. In connection with the Gaming Commission’s power to conduct hearings, the Gaming Commission may determine whether sanctions should be imposed on, or conditions should be placed on, the license of any person subject to the jurisdiction of this chapter;

GG. With the exception of the promulgation of regulations, the conduct of hearings or such other functions as determined by the Tribal Council, Tribal Chairperson and Vice-Chairperson in a resolution distributed to the Gaming Authority and management contractor (if any), the Gaming Commission may delegate any of its duties and authorities to the Executive Director; and

HH. If the Gaming Commission has not yet been appointed, then the Executive Director shall have the powers of the Gaming Commission until the Gaming Commission is appointed in accordance with Section 3-301. (Res. 2019-28)