Authority, Roles and Duties of the
Tribal Gaming Commission

This popular class was recently updated and re-designed to give gaming commissioners, gaming commission staff, and tribal legislators the chance to analyze their own tribe’s existing legal/regulatory framework in the present-day legal environment. We’ll use a combination of lecture, facilitated class discussions, and small group activities to help you discover strategies for addressing the most challenging aspects of a gaming commissioner’s job. Want to know how to establish effective checks and balances in the regulatory system? Need to develop or refine your processes for dealing with violations? Want tips on how to foster cooperation with the gaming enterprise? We’ll help you with all this and more, plus we’ll thoroughly review the functions of the commission, including establishing regulations, delegation of authority, approving licenses, holding hearing on suspensions, revocations and waivers.

Not only will you learn how to effectively implementation regulations, but we’ll also explore different aspects of vendor licensing, including conducting background checks, levels of vendor licensing and working with large vs. small vendors.

Feel free to bring your gaming statute or ordinance and your regulations—we’ll answer questions related to your specific issues as time allows. You don’t want to miss this unique opportunity to work with your colleagues and our experienced instructors as you discuss today’s gaming issues. Register today.

T O P I C S   I N C L U D E
  • Responsibilities of gaming commissioners
  • Organizational structure
  • History of Indian gaming
  • Indian Gaming Regulatory Act (IGRA) overview
  • The distinction between the regulatory function of the commission and the managerial function of the casino
  • Legislative update
Functions of the Gaming Commission
  • Establishing regulations
  • Delegation of authority
  • Approving licenses
  • Holding hearing on suspensions, revocations and waivers
Extent of the National Indian Gaming Commission (NIGC) and External Powers
  • Minimum Internal Control Standards (MICS)
  • Variance rulings on MICS
  • Colorado River Indian Tribes v. National Indian Gaming Commission — NIGC and Class III MICS
  • Additional case law:
    • Approval of management contracts
  • State authority
  • Closure authority and the exercise of that authority
  • Rules regarding the regulation of health and safety
  • Class II games — proposed NIGC definitions
Independence of the Gaming Commission
  • Relationship with the tribal council:
    • Reporting/communication with the tribal council
    • Budget modifications
  • Relationship with the community
Drafting of Law, Regulation and Policy
  • IGRA §2710 requirements
  • Tribal gaming ordinance
  • Gaming commission regulation
  • Gaming commission policy
  • Consistency with other tribal laws and the compact
  • Understanding Title 31 compliance
  • Adopting an ethics policy
Vendor Licensing
  • Fees
  • Extent of due diligence when dealing with large vendors
  • Access to data, background checks, law enforcement
  • Large vendors vs. small vendors
  • Licensing project-specific contractors
  • Levels
Employee Licensing
  • Tribal vs. non-tribal
  • Gaming vs. non-gaming
  • Executive licensing
  • Bonding issues
Revocation, Suspension and Denial of Licenses
  • Standards
  • Administrative process and due process
  • Revocation hearings by default
  • Adjudicatory jurisdiction
  • Model licensure hearing
  • Appeals process
  • NIGC compliance
  • IGRA compliance
Gaming Commission Supervision
  • Gaming commission employees
  • Surveillance
  • Internal audit and financial statements
  • Health and safety
  • Non-casino gaming (community center bingo)
Exceeding Expectations and Best Practices
  • Keeping the tribal council informed about the law
  • Writing articles in local, regional and national publications
  • Producing FAQs for the gaming enterprise, vendors, employees and patrons
  • Giving patrons access to the commission
  • Relationships with other commissions, law enforcement and regulators
Today’s Issues and Challenges
  • Changing technology — understanding slot machine payouts
  • Staffing
  • Compensation
  • Strategic planning
  • Cheating in the casino
  • NLRA and unionization

*Topics subject to change.

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