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A. Before a license is issued to a primary management official or key employee applicant, the Gaming Commission shall make a finding concerning the eligibility of that person to receive a gaming license by reviewing the applicant’s prior activities, criminal record, if any, and reputation, habits and associations. A license may not be issued unless the Gaming Commission is satisfied the applicant is a person of good character, honesty and integrity. In making findings concerning the eligibility of license applicants, the Gaming Commission may take into consideration any of the following circumstances:

1. If the applicant knowingly and intentionally provided false statements or information or omitted relevant information on the application, or otherwise misrepresented or failed to disclose a material fact to the Gaming Commission;

2. If the prior activities, criminal record, reputation, habits and associations of the person indicate that the person may be a threat to the public interest or to the effective regulation and control of gaming;

3. If association with, or employment of, the applicant creates or enhances the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or the carrying on of the business and financial arrangements incidental thereto;

4. If the applicant has violated, failed, or refused to comply with the provisions, requirements, conditions, limitations, or duties imposed by any provision of this chapter or the tribal-state compact, or possesses knowledge that such violation has occurred upon any premises occupied or operated by any such person or over which he or she has or had substantial control;

5. If the applicant knowingly caused, aided, abetted, or conspired with another to cause any person or entity to violate any of the laws of any jurisdiction, the provisions of this chapter or the tribal-state compact;

6. If the applicant has ever obtained a license by fraud, misrepresentation, concealment, or through inadvertence or mistake;

7. If the applicant has ever been convicted of, or forfeited bond upon a charge of, or plead guilty to forgery, larceny, extortion, conspiracy to defraud, willful failure to make required payment or reports to any tribal, state, or U.S. government agency at any level, or filed false reports therewith, or of any similar offense(s), or of bribing or otherwise unlawfully influencing a public official or employee of a tribe, a state, or the U.S. government, or of any felony or misdemeanor involving any gaming activity, physical harm to individuals or moral turpitude;

8. If the applicant is subject to current prosecution, pending charges, or a conviction under appeal for any of the offenses listed above. Upon request of the applicant, the Gaming Commission may defer decision on the application pending the results of such prosecution or appeal;

9. If the applicant has demonstrated a willful disregard for compliance with a gaming regulatory authority in any jurisdiction or has ever had a gaming license issued by any state, tribe or foreign gaming regulatory agency suspended, revoked or denied; or

10. If the applicant has failed to provide any information requested by the Gaming Commission within ten (10) calendar days of the request for the information.

B. Copies of an eligibility determination shall be included with the notice of results issued pursuant to Section 3-609 and the notice must be submitted to the NIGC before the licensing of a primary management official or key employee.

C. If the Gaming Commission, in applying the standards adopted in this chapter, determines that licensing the person poses a threat to the public interest or to the effective regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices, methods and/or activities in the conduct of gaming, the Gaming Commission shall not license that person in a key employee or primary management official position. (Res. 2019-28)