25 C.F.R. § 558.3

Notification to NIGC of license decisions and retention obligations

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(a) After a tribe has provided a notice of results of the background check to the Commission, a tribe may license a primary management official or key employee.

(b) Within 30 days after the issuance of the license, a tribe shall notify the Commission of its issuance.

(c) A key employee or primary management official who does not have a license after ninety (90) days shall not be permitted to perform the duties, functions, and/or responsibilities of a key employee or primary management official until so licensed.

(d) If a tribe does not license an applicant—

(1) The tribe shall notify the Commission; and

(2) Shall forward copies of its eligibility determination and notice of results, under § 556.6(b)(2) of this chapter, to the Commission for inclusion in the Indian Gaming Individuals Record System.

(e) If a tribe revokes a key employee or primary management official's license—

(1) The tribe shall notify the Commission; and

(2) Shall forward copies of its license revocation decision for inclusion in the Indian Gaming Individuals Record System.

(f) A tribe shall retain the following for inspection by the Chair or their designee for no less than three years from the date of termination of employment:

(1) The information listed under § 556.4(a)(1) through (14) of this chapter;

(2) Investigative reports, as defined in § 556.6(b) of this chapter;

(3) Eligibility determinations, as defined in § 556.5 of this chapter;

(4) Privacy Act notice, as defined in § 556.2 of this chapter; and

(5) False Statement notice, as defined in § 556.3 of this chapter.

[88 FR 55371, Aug. 15, 2023]

Notes of Decisions

Cited in 3 cases, 2002–2007 · leading case: Cheyenne-Arapaho Gaming Comm'n v. Nat'l Indian Gaming Comm'n, 214 F. Supp. 2d 1155 (N.D. Okla. 2002).

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Cheyenne-Arapaho Gaming Comm'n v. Nat'l Indian Gaming Comm'n, 214 F. Supp. 2d 1155 (N.D. Okla. 2002). “§ 558 , fails to have proper background investigations or licenses pursuant to 25 C.F.R. § 558.3 , or where there is evidence of fraud.”

Citizens Agaist Cas. Gam., Erie Cty. v. Kempthorne, 471 F. Supp. 2d 295 (W.D.N.Y. 2007). “§ 558 ; fails to have proper background investigations or licenses pursuant to 25 C.F.R. § 558.3 ; or where there is evidence of fraud.”

Citizens against Casino Gambling v. Kempthorne, 471 F. Supp. 2d 295 (W.D.N.Y. 2007). “§ 558 ; fails to have proper background investigations or licenses pursuant to 25 C.F.R. § 558.3 ; or where there is evidence of fraud.”

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