§ 3-614 Gaming license suspensions and revocations.
A. If, after a license is issued to a primary management official, key employee or other person or entity requiring licensure, the Gaming Commission receives notice from the NIGC or otherwise that the primary management official, key employee, or other person or entity is not eligible for employment or contract, the Gaming Commission shall do the following:
1. Immediately suspend the license;
2. Provide the licensee with written notice of the suspension and proposed revocation; and
3. Provide the licensee with notice of a time and place for a hearing on the proposed revocation of the license, which hearing shall take place within seven (7) days of receipt of the notice provided under subsection (A)(2) of this section.
B. Following a revocation hearing, the Gaming Commission shall decide whether to revoke or reinstate the license at issue.
C. The Gaming Commission shall notify the NIGC of its decision to revoke or reinstate a license of a primary management official, key employee or other person or entity requiring licensure within forty-five (45) calendar days of receiving notification from the NIGC that such primary management official, key employee or other person or entity requiring licensure is not eligible for employment or contract.
D. In the event the state gaming agency denies an applicant a determination of suitability or refuses to renew a determination of suitability, the Gaming Commission shall revoke any license issued to the applicant and deny the applicant a license subject to any process or exceptions permitted under a tribal-state compact and subject to the applicant’s appeal rights available under state law.
E. The Gaming Commission may suspend, revoke, or deny a license upon the occurrence of any of the following:
1. Notification by the NIGC, as set forth in this section, that the licensee is not eligible for a license under this chapter;
2. Notification by the state gaming agency that it intends to deny an application for a determination of suitability or a renewal of a determination of suitability;
3. The Gaming Commission has probable cause to believe that the licensee has, by act or omission, violated provisions of this chapter or the tribal-state compact, the Tribe’s gaming regulations, or any condition of a conditional gaming license;
4. The Gaming Commission has reason to believe that the continued licensing of a person constitutes an immediate threat to the public health, safety or welfare;
5. The Gaming Commission has reason to believe that the licensee is involved in any theft, misappropriation, misuse or abuse of tribal assets;
6. The Gaming Commission has received reliable information from a state or tribal gaming regulatory body raising concerns about the applicant’s suitability;
7. The licensee willfully fails to disclose any required information on any state or tribal gaming license application;
8. The licensee fails to respond to a request from the Gaming Commission within ten (10) calendar days from the initial date of the request; or
9. The licensee’s employment with the gaming operation is terminated, voluntarily or involuntarily. (Res. 2019-28)