§ 3-606 Conducting background investigations.
The Gaming Commission shall employ or engage an investigator to conduct a background investigation of each applicant for a gaming license. The investigation must be sufficient to allow the Gaming Commission to make an eligibility determination under this chapter. In lieu of conducting its own background investigation, and to the extent that doing so does not conflict with or violate IGRA or this chapter, the Gaming Commission or Tribe may contract with the state gaming agency for the conduct of background investigations, may rely on a state determination of suitability previously issued under a Class III gaming compact involving another tribe and the state, or may rely on a state gaming agency license previously issued to an applicant, to fulfill some or all of the Gaming Commission’s background investigation obligations.
When conducting a background investigation, an investigator shall:
A. Verify the applicant’s identity through items such as a social security card, driver’s license, birth certificate or passport;
B. Contact each personal and business reference provided in the license application, when possible;
C. Conduct a personal credit check, according to Gaming Commission policy and regulation;
D. Conduct a civil history check for past or outstanding judgments, current liens, past or pending lawsuits, and any other information deemed to be relevant;
E. Conduct a criminal history records check by submitting the applicant’s fingerprints to the NIGC or to another law enforcement agency for forwarding to the FBI to perform a criminal history records check utilizing the FBI’s database;
F. Based on the results of the criminal history records check, as well as information acquired from an applicant’s self-reporting or from any other source, obtain information from the appropriate court regarding any past felony and/or misdemeanor convictions or ongoing prosecutions within the past ten (10) years;
G. Inquire into any previous or existing business relationships with the gaming industry, including with any tribes with gaming operations, by contacting the entities or tribes;
H. Verify the applicant’s history and current status with any licensing agency by contacting the agency; and
I. Take other appropriate steps to verify the accuracy of the information, focusing on any problem areas noted. (Res. 2019-28)