25 C.F.R. PART 558—GAMING LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS
Title 25 - Indians
Authority: 25 U.S.C. 2706, 2710, 2712.
Source: 58 FR 5814, Jan. 22, 1993, unless otherwise noted.
Unless a tribal-state compact allocates responsibility to an entity other than a tribe: (a) The licensing authority for class II or class III gaming is a tribal authority. (b) A tribe shall develop licensing procedures for all employees of a gaming operation. The procedures and standards of part 556 of this chapter and the procedures and standards of this part apply only to primary management officials and key employees. (c) For primary management officials or key employees, a tribe shall retain applications for employment and reports (if any) of background investigations for inspection by the Chairman or his or her designee for no less than three (3) years from the date of termination of employment. (d) A right to a hearing under §558.5 of this part shall vest only upon receipt of a license granted under an ordinance approved by the Chairman. [58 FR 5814, Jan. 22, 1993, as amended at 58 FR 16494, Mar. 29, 1993] An authorized tribal official shall review a person's prior activities, criminal record, if any, and reputation, habits and associations to make a finding concerning the eligibility of a key employee or a primary management official for employment in a gaming operation. If the authorized tribal official, in applying the standards adopted in a tribal ordinance, determines that employment of the person poses a threat to the public interest or to the effective regulation of gaming, or creates or enhances the dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming, a management contractor or a tribal gaming operation shall not employ that person in a key employee or primary management official position. [58 FR 5814, Jan. 22, 1993, as amended at 58 FR 16494, Mar. 29, 1993] (a) When a key employee or a primary management official begins work at a gaming operation, a tribe shall: (1) Forward to the Commission a completed application for employment that contains the notices and information listed in §§556.2, 556.3 and 556.4 of this chapter; and (2) Conduct a background investigation under part 556 of this chapter to determine the eligibility of the key employee or primary management official for continued employment in a gaming operation. (b) Upon completion of a background investigation and a determination of eligibility for employment in a gaming operation under paragraph (a)(2) of this section, a tribe shall forward a report under §556.5(b) of this chapter to the Commission within 60 days after an employee begins work or within 60 days of the Chairman's approval of an ordinance under part 523. A gaming operation shall not employ a key employee or primary management official who does not have a license after 90 days. (c) During a 30-day period beginning when the Commission receives a report submitted under paragraph (b) of this section, the Chairman may request additional information from a tribe concerning a key employee or a primary management official who is the subject of a report. Such a request shall suspend the 30-day period until the Chairman receives the additional information. (a) If, within the 30-day period described in §558.3(c) of this part, the Commission notifies a tribe that it has no objection to the issuance of a license pursuant to a license application filed by a key employee or a primary management official for whom the tribe has provided an application and investigative report to the Commission pursuant to §558.3 (a) and (b) of this part, the tribe may go forward and issue a license to such applicant. (b) If, within the 30-day period described in §558.3(c) of this part, the Commission provides the tribe with a statement itemizing objections to the issuance of a license to a key employee or to a primary management official for whom the tribe has provided an application and investigative report to the Commission pursuant to §558.3 (a) and (b) of this part, the tribe shall reconsider the application, taking into account the objections itemized by the Commission. The tribe shall make the final decision whether to issue a license to such applicant. (a) If, after the issuance of a gaming license, the Commission receives reliable information indicating that a key employee or a primary management official is not eligible for employment under §558.2 of this part, the Commission shall notify the tribe that issued a gaming license. (b) Upon receipt of such notification under paragraph (a) of this section, a tribe shall suspend such license and shall notify in writing the licensee of the suspension and the proposed revocation. (c) A tribe shall notify the licensee of a time and a place for a hearing on the proposed revocation of a license. (d) After a revocation hearing, a tribe shall decide to revoke or to reinstate a gaming license. A tribe shall notify the Commission of its decision.
Title 25: Indians
PART 558—GAMING LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS
Section Contents
§ 558.1 Scope of this part.
§ 558.2 Eligibility determination for employment in a gaming operation.
§ 558.3 Procedures for forwarding applications and reports for key employees and primary management officials to the Commission.
§ 558.4 Granting a gaming license.
§ 558.5 License suspension.
§ 558.1 Scope of this part.
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§ 558.2 Eligibility determination for employment in a gaming operation.
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§ 558.3 Procedures for forwarding applications and reports for key employees and primary management officials to the Commission.
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§ 558.4 Granting a gaming license.
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§ 558.5 License suspension.
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