§ 2713. — Civil penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2713]
TITLE 25--INDIANS
CHAPTER 29--INDIAN GAMING REGULATION
Sec. 2713. Civil penalties
(a) Authority; amount; appeal; written complaint
(1) Subject to such regulations as may be prescribed by the
Commission, the Chairman shall have authority to levy and collect
appropriate civil fines, not to exceed $25,000 per violation, against
the tribal operator of an Indian game or a management contractor engaged
in gaming for any violation of any provision of this chapter, any
regulation prescribed by the Commission pursuant to this chapter, or
tribal regulations, ordinances, or resolutions approved under section
2710 or 2712 of this title.
(2) The Commission shall, by regulation, provide an opportunity for
an appeal and hearing before the Commission on fines levied and
collected by the Chairman.
(3) Whenever the Commission has reason to believe that the tribal
operator of an Indian game or a management contractor is engaged in
activities regulated by this chapter, by regulations prescribed under
this chapter, or by tribal regulations, ordinances, or resolutions,
approved under section 2710 or 2712 of this title, that may result in
the imposition of a fine under subsection (a)(1) of this section, the
permanent closure of such game, or the modification or termination of
any management contract, the Commission shall provide such tribal
operator or management contractor with a written complaint stating the
acts or omissions which form the basis for such belief and the action or
choice of action being considered by the Commission. The allegation
shall be set forth in common and concise language and must specify the
statutory or regulatory provisions alleged to have been violated, but
may not consist merely of allegations stated in statutory or regulatory
language.
(b) Temporary closure; hearing
(1) The Chairman shall have power to order temporary closure of an
Indian game for substantial violation of the provisions of this chapter,
of regulations prescribed by the Commission pursuant to this chapter, or
of tribal regulations, ordinances, or resolutions approved under section
2710 or 2712 of this title.
(2) Not later than thirty days after the issuance by the Chairman of
an order of temporary closure, the Indian tribe or management contractor
involved shall have a right to a hearing before the Commission to
determine whether such order should be made permanent or dissolved. Not
later than sixty days following such hearing, the Commission shall, by a
vote of not less than two of its members, decide whether to order a
permanent closure of the gaming operation.
(c) Appeal from final decision
A decision of the Commission to give final approval of a fine levied
by the Chairman or to order a permanent closure pursuant to this section
shall be appealable to the appropriate Federal district court pursuant
to chapter 7 of title 5.
(d) Regulatory authority under tribal law
Nothing in this chapter precludes an Indian tribe from exercising
regulatory authority provided under tribal law over a gaming
establishment within the Indian tribe's jurisdiction if such regulation
is not inconsistent with this chapter or with any rules or regulations
adopted by the Commission.
(Pub. L. 100-497, Sec. 14, Oct. 17, 1988, 102 Stat. 2482.)
Section Referred to in Other Sections
This section is referred to in sections 2705, 2706, 2714 of this
title.
