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A. The Gaming Commission shall perform a background investigation for each applicant for a gaming license. The Gaming Commission is responsible for conducting the background investigations of gaming license applicants (other than the Gaming Commissioners themselves).

B. The Gaming Commission shall conduct or cause to be conducted an investigation sufficient to make an eligibility determination of a gaming license applicant under this chapter. The Gaming Commission shall request from each primary management official and key employee applicant all of the following information:

1. Full name, other names used (oral or written), Social Security number(s), birth date, place of birth, citizenship, gender, all languages (spoken or written);

2. Currently and for the previous five (5) years: business and employment positions held, ownership interests in those businesses, business and residence addresses, and driver’s license numbers;

3. The names and current addresses of at least three (3) personal references, including one (1) personal reference who was acquainted with the applicant during each period of residence listed under subsection (B)(2) of this section;

4. Current business and residence telephone numbers, and all cell phone numbers;

5. A description of any existing and previous business relationships with other Indian tribes, including ownership interests in the businesses;

6. A description of any existing and previous business relationships with the gaming industry generally, including ownership interests in the businesses;

7. The name and address of any licensing or regulatory agency with which the person has filed an application for a license or permit related to gaming, whether or not such license or permit was granted;

8. For each felony for which there is an ongoing prosecution or a conviction, the charge, the name and address of the court involved, and the date and disposition, if any;

9. For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor traffic violations, but including any conviction for driving under the influence), within ten (10) years of the date of the application, the name and address of the court involved and the date and disposition, if any;

10. For each criminal charge (excluding minor traffic charges, but including any charge for driving under the influence), whether or not there is a conviction, if such criminal charge is within ten (10) years of the date of the application and is not otherwise listed pursuant to subsection (B)(8) or (B)(9) of this section, the criminal charge, the name and address of the court involved and the date and disposition, if any;

11. The name and address of any licensing or regulatory agency with which the person has filed an application for an occupational license or permit, whether or not such license or permit was granted;

12. A photograph within the last six (6) months;

13. Fingerprints obtained in accordance with procedures adopted by the Gaming Commission pursuant to 25 C.F.R. § 522.2(h); and

14. Any other information the Gaming Commission deems relevant.

C. When a primary management official or key employee is employed by the Tribe, the Gaming Commission shall maintain a complete application file, containing all of the information listed in subsection (B) of this section.

D. The Gaming Commission and its investigators shall keep confidential the identity of each person interviewed in the course of conducting a background investigation. (Res. 2019-28)