25 C.F.R. § 502.19

Primary management official

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Primary management official means:

(a) Any person having management responsibility for a management contract;

(b) Any person who has authority:

(1) To hire and fire employees of the gaming operation; or

(2) To establish policy for the gaming operation.

(c) The chief financial officer or a position with duties similar to a chief financial officer.

(d) The general manager or a position with duties similar to a general manager.

(e) Any other employed management official of the gaming enterprise as documented by the Tribe as a primary management official.

[88 FR 55370, Aug. 15, 2023]
Notes of Decisions
Cited in 8 cases, 2005–2012 · leading case: Wells Fargo Bank, Nat'l Ass'n v. Lake of the Torches Econ. Dev. Corp., 658 F.3d 684 (7th Cir. 2011).
Wells Fargo Bank, Nat'l Ass'n v. Lake of the Torches Econ. Dev. Corp., 658 F.3d 684 (7th Cir. 2011). · cites it 2× “(quoting 25 C.F.R. § 502.19 (b)(2)). The court determined that “the regulations demonstrate that a ‘necessary condition for a management contract is that it grant to a party other than the tribe some authority with regard to a gaming operation.”
First Am. Kickapoo Operations, L.L.C., a Nevada Ltd. Liab. Co. v. Multimedia Games, Inc., 412 F.3d 1166 (1st Cir. 2005). “” 25 C.F.R. § 502.19 . The Operating Lease affords First American considerable opportunity “to set up working policy” for the Tribe’s gaming operation.”
MacHal, Inc. v. Jena Band of Choctaw Indians, 387 F. Supp. 2d 659 (W.D. La. 2005). “(citing 25 C.F.R. § 502.19 (West 2005)). While this is too vague to supply the court with a definition of management, it does indicate that a necessary condition for a management contract is that it grant to a party other than the tribe some authority with regard to a gaming…”
Wells Fargo Bank, N.A. v. Lake of the Torches Econ. Dev. Corp., 677 F. Supp. 2d 1056 (E.D. Wis. 2010). “” 25 C.F.R. § 502.19 (b)(2). Accordingly, the regulations demonstrate that a “necessary condition for a management contract is that it grant to a party other than the tribe some authority with regard to a gaming operation.”
Jena Band of Choctaw Indians v. Tri-Millennium Corp., 387 F. Supp. 2d 671 (W.D. La. 2005). “(citing 25 C.F.R. § 502.19 (West 2005)). While this is too vague to supply the court with a definition of management, it does indicate that a necessary condition for a management contract is that it grant to a party other than the tribe some authority with regard to á gaming…”
Wells Fargo Bank, N.A. v. Sokaogon Chippewa Cmty., 787 F. Supp. 2d 867 (E.D. Wis. 2011). “” 25 C.F.R. § 502.19 (b)(2). Additional guidance is available in an NIGC Bulletin discussing in general terms the difference between management contracts and consulting agreements (NIGC Bulletin 94-5, available at /www.”
New Gaming Sys., Inc. v. Nat'l Indian Gaming Comm'n, 896 F. Supp. 2d 1093 (W.D. Okla. 2012). “” 25 C.F.R. § 502.19 . Key to this case is the phrase “all or part of a gaming operation” in the regulation’s definition of a management contract.”
1st Am. Kickapo v. Multimedia Games (10th Cir. 2005). “” 25 C.F.R. § 502.19 . The Operating Lease affords First American considerable opportunity “to set up working policy” for the Tribe’s gaming operation.”
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