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A. The denial, suspension or revocation of a license pursuant to this chapter shall require:

1. All rights to notice and hearing shall be governed by tribal law and comport with federal procedural due process by, at a minimum, providing the applicant or licensee with notice reasonably calculated to apprise the applicant or licensee of the pendency of the determination, access to the materials upon which the suspension or revocation is based, and an opportunity to be heard.

2. Written, certified, return receipt requested or personally hand-delivered notification of the denial, suspension or proposed revocation be given to the applicant or licensee ten (10) calendar days in advance of the proposed action;

3. Such written notification shall include the reason for denial, suspension or proposed revocation and information concerning the applicant or licensee’s right to a hearing, specify the date, time and place for the hearing, and advise the applicant or licensee that failure to appear for a scheduled hearing shall forfeit any further right to appeal;

4. A written decision issued by the Gaming Commission within five (5) business days of the hearing, which decision shall give a reason for the ruling and provide the applicant or licensee notice of a right to appeal the decision to the Tribal Court within fifteen (15) calendar days of receipt of the written decision; provided, however, that if the Tribal Court has not been established, the Tribal Council shall act in the Tribal Court’s stead to hear appeals and issue a written decision, subject to approval or veto of the Tribal Chairperson in accordance with tribal law; and

5. If the applicant or licensee files an appeal within fifteen (15) calendar days of receipt of the written notification described in subsection (A)(4) of this section, the Tribal Court shall review any additional information submitted by the licensee with the petition and notify the licensee in writing of its decision, which shall be a final decision.

B. Notwithstanding subsection (A) of this section, the Gaming Commission may suspend or revoke a license without advance notice if, in the opinion of the Gaming Commission, the continued licensing of the person:

1. Poses an immediate threat to the integrity of the gaming operation; or

2. Poses a threat to public health or safety.

Within two (2) business days of an immediate revocation or suspension, the Gaming Commission and Tribal Court, if applicable, shall proceed with the requirements of subsections (A)(2) through (A)(4) of this section. (Res. 2019-28)