The Tribe shall ensure that the policies and procedures set out in this section are implemented with respect to key employees and primary management officials employed at any gaming enterprise operated on Indian lands:
(A) Definitions re Licensing. For the purposes of this section, the following definitions apply:
(1) “Key employee” means:
(a) A person who performs one (1) or more of the following functions:
(i) Bingo caller;
(ii) Counting room supervisor;
(iii) Chief of security;
(iv) Custodian of gaming supplies or cash;
(v) Floor manager;
(vi) Pit boss;
(ix) Approver of credit; or
(x) Custodian of gambling devices including persons with access to cash and accounting records within such devices;
(b) If not otherwise included, any other person whose total cash compensation is in excess of fifty thousand dollars ($50,000) per year; or
(c) If not otherwise included, the four (4) most highly compensated persons in the gaming operation.
(2) “Primary management official” means:
(a) The person having management responsibility for a management contract;
(b) Any person who has authority:
(i) To hire and fire employees; or
(ii) To set up working policy for the gaming operation; or
(c) The chief financial officer or other person who has financial management responsibility.
(B) Application Forms.
(1) The following notices shall be placed on the application form for a key employee or primary management official before that form is filled out by an applicant:
In compliance with the Privacy Act of 1974, the following information is provided: Solicitation of the information on this form is authorized by 25 U.S.C. Section 2701 et seq. The purpose of the requested information is to determine the eligibility of individuals to be employed in gaming operation. The information will be used by National Indian Gaming Commission members and staff who have need for the information in the performance of their official duties. The information may be disclosed to appropriate federal, tribal, state, local or foreign law enforcement and regulatory agencies when relevant to civil, criminal or regulatory investigations or prosecutions or when pursuant to a requirement by a tribe or the National Indian Gaming Commission in connection with the hiring or firing of an employee, the issuance or revocation of a gaming license, or investigations of activities while associated with a tribe or a gaming operation. Failure to consent to the disclosures indicated in this notice will result in a tribe’s being unable to hire you in a primary management official or key employee position.
The disclosure of an employee’s social security number (SSN) is voluntary. However, failure to supply a SSN may result in errors in processing the application.
(2) Existing key employees and primary management officials shall be notified in writing that they shall either:
(a) Complete a new application form that contains a Privacy Act notice; or
(b) Sign a statement that contains the Privacy Act notice and consent to the routine uses described in that notice.
(3) The following notice shall be placed on the application form for a key employee or a primary official before that form is filled out by an applicant:
A false statement on any part of your application may be grounds for not hiring you, or for firing you after you begin work. Also, you may be punished by fine or imprisonment.
(4) The Tribe shall notify in writing existing key employees and primary management officials that they shall either:
(a) Complete a new application form that contains a notice regarding false statements; or
(b) Sign a statement that contains the notice regarding false statements.
(C) Background Investigations.
(1) The Tribe shall request from each primary management official and from each key employee all of the following information:
(a) Full name, other names used (oral or written), social security number(s), birth date, place of birth, citizenship, gender, all languages (spoken or written);
(b) Currently and for the previous five (5) years: business and employment positions held, ownership interest in those businesses, business and residence addresses, and drivers license numbers;
(c) The names and current addresses of at least three (3) personal references, including one (1) personal reference who was acquainted with the applicant during period of residence listed under subsection (C)(1)(b) of this section;
(d) Business and residence telephone numbers;
(e) A description of any existing and previous business relationships with Indian tribes, including ownership interests in those businesses;
(f) A description of any existing and previous business relationships with the gaming industry generally, including ownership interests in those businesses;
(g) The name and address of any licensing or regulatory agency with which the person has filed an application for a license or permit related to gaming, whether or not such license or permit was granted;
(h) For each felony for which there is an ongoing prosecution or a conviction, the charge, the name and address of the court involved, and the date and disposition if any;
(i) For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor traffic violations), within ten (10) years of the date of the application, the name and address of the court involved and the date and disposition;
(j) For each criminal charge (excluding minor traffic charges), whether or not there is a conviction, if such criminal charge is within ten (10) years of the date of the application and is not otherwise listed pursuant to subsection (C)(1)(h) or (C)(1)(i) of this section, the criminal charge, the name and address of the court involved and the date and disposition;
(k) The name and address of any licensing or regulatory agency with which the person has filed an application for an occupational license or permit, whether or not such license or permit was granted;
(l) A current photograph;
(m) Any other information the Tribe deems relevant; and
(2) The Tribe shall conduct an investigation sufficient to make a determination under subsection (D) of this section. In conducting a background investigation, the Tribe or its agent shall promise to keep confidential the identity of each person interviewed in the course of the investigation.
(D) Eligibility Determination. The Tribe 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 primary management official for employment in a gaming operation. If the Tribe determines that employment of the person poses a threat to the public interest or to the effective regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming, a Tribal gaming operation shall not employ that person in a key employee or primary management official position.
(E) Procedures for Forwarding Applications and Reports for Key Employees and Primary Management Officials to the National Indian Gaming Commission.
(1) When a key employee or primary management official begins work at a gaming operation authorized by this article, the Tribe shall forward to the National Indian Gaming Commission a completed application for employment and conduct the background investigation and make the determination referred to in subsection (D) of this section.
(2) The Tribe shall forward the report referred to in subsection (F) of this section to the National Indian Gaming Commission within sixty (60) days after an employee begins work or within sixty (60) days of the approval of this article by the Chairman of the National Indian Gaming Commission.
(3) The gaming operation shall not employ as a key employee or primary management official a person who does not have a license after ninety (90) days.
(F) Report to the National Indian Gaming Commission.
(1) Pursuant to the procedures set out in subsection (E) of this section, the Tribe shall prepare and forward to the National Indian Gaming Commission an investigative report on each background investigation. An investigative report shall include all of the following:
(a) Steps taken in conducting a background investigation;
(b) Results obtained;
(c) Conclusions reached; and
(d) The basis for those conclusions.
(2) The Tribe shall submit, with the report, a copy of the eligibility determination made under subsection (D) of this section.
(3) If a license is not issued to an applicant, the Tribe:
(a) Shall notify the National Indian Gaming Commission; and
(b) May forward copies of its eligibility determination and investigative report (if any) to the National Indian Gaming Commission for inclusion in the Indian Gaming Individuals Records System.
(4) With respect to key employees and primary management officials, the Tribe shall retain applications for employment and reports (if any) of background investigations for inspection by the Chairman of the National Indian Gaming Commission or his or her designee for no less than three (3) years from the date of termination of employment.
(G) Granting a Gaming License.
(1) If, within a thirty (30) day period after the National Indian Gaming Commission receives a report, the National Indian Gaming Commission notifies the Tribe that it has no objection to the issuance of a license pursuant to a license application filed by a key employee or primary management official for whom the Tribe has provided an application and investigative report to the National Indian Gaming Commission, the Tribe may issue a license to such applicant.
(2) The Tribe shall respond to a request for additional information from the Chairman of the National Indian Gaming Commission concerning a key employee or a primary management official who is the subject of a report. Such a request shall suspend the thirty (30) day period under subsection (G)(1) of this section until the Chairman of the National Indian Gaming Commission receives the additional information.
(3) If, within the thirty (30) day period described above, the National Indian Gaming 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 National Indian Gaming Commission, the Tribe shall reconsider the application, taking into account the objections itemized by the National Indian Gaming Commission. The Tribe shall make the final decision whether to issue a license to such applicant.
(H) License Suspension.
(1) If, after the issuance of a gaming license, the Tribe receives from the National Indian Gaming Commission reliable information indicating that a key employee or a primary management official is not eligible for employment under subsection (D) of this section, the Tribe shall suspend such license and shall notify in writing the licensee of the suspension and the proposed revocation.
(2) The Tribe shall notify the licensee of a time and a place for a hearing on the proposed revocation of a license.
(3) After a revocation hearing, the Tribe shall decide to revoke or to reinstate a gaming license. The Tribe shall notify the National Indian Gaming Commission of its decision.