[Federal Register Volume 63, Number 48 (Thursday, March 12, 1998)]
[Proposed Rules]
[Pages 12319-12323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6284]
Federal Register / Vol. 63, No. 48 / Thursday, March 12, 1998 /
Proposed Rules
[[Page 12319]]
NATIONAL INDIAN GAMING COMMISSION
25 CFR Part 518
Issuance of Certificates of Self-Regulation to Tribes
AGENCY: National Indian Gaming Commission.
ACTION: Proposed rule.
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SUMMARY: The National Indian Gaming Commission (Commission) proposes
regulations that provide for tribal self-regulation of class II gaming
operations under the Indian Gaming Regulatory Act (Act). These
regulations would implement the class II self-regulation provisions of
the Act, under which tribes that meet specified criteria may obtain a
certificate of self-regulation. The primary effect of this action is to
establish requirements for and a process by which tribes may obtain
certificates of self-regulation. In addition, the Commission may not
assess a fee on the gaming activity of a class II gaming operation
operated by a tribe which holds a certificate of self-regulation in
excess of one quarter of one percent of the gross revenue of that
operation.
DATES: Comments may be submitted on or before May 11, 1998. A public
hearing will be held on April 1, 1998, in Portland, Oregon, from 9:00
a.m. until 1:00 p.m.
ADDRESSES: Comments may be mailed to: Self-Regulation Comments,
National Indian Gaming Commission, 1441 L Street, N.W., Suite 9100,
Washington, D.C. 20005, delivered to that address between 8:30 a.m. and
5:30 p.m., Monday through Friday, or faxed to 202/632-7066 (this is not
a toll-free number). Comments received may be inspected between 9:00
a.m. and noon, and between 2:00 p.m. and 5:00 p.m., Monday through
Friday. The public hearing will be held at the Double Tree Hotel, Lloyd
Center, 1000 N.E. Multnomah, Portland, Oregon 97232.
FOR FURTHER INFORMATION CONTACT: Maria Getoff at 202/632-7003; fax 202/
632-7066 (these are not toll-free numbers).
SUPPLEMENTARY INFORMATION: The Indian Gaming Regulatory Act (IGRA, or
the Act), enacted on October 17, 1988, established the National Indian
Gaming Commission (Commission). Under the Act, the Commission is
charged with regulating class II gaming and certain aspects of class
III gaming on Indian lands. The regulations proposed today would
implement the Commission's authority to issue certificates of self-
regulation for class II gaming to qualified tribes under 25 U.S.C.
2710(c), which provides for a reduced fee rate on class II gaming
activity for tribes that meet certain specific criteria and therefore
qualify for a certificate of self-regulation. This criteria is set
forth in 25 U.S.C. 2710(c)(4) (A), (B), and (C). Section 2710(c)(5)(C)
of 25 U.S.C. provides that tribes that obtain certificates of self-
regulation are subject to a fee of not more than one quarter of one
percent of gross revenue on their class II gaming activity.
The Commission has relied on the self-regulation provisions of the
Act to establish the criteria in these proposed regulations. In
addition, with respect to minimum internal control standards, the
Commission has reviewed the processes and procedures employed by the
State of New Jersey, the State of Nevada and the materials received by
the National Indian Gaming Association/National Congress of American
Indians Task Force on Indian Gaming Internal Control Standards. These
sources made clear the need for tribes to adopt and implement
sufficient accounting, auditing, and internal control systems to be
self-regulating.
Furthermore, the Commission has developed some basic examples of
the information to be relied on by the Commission to determine whether
a tribe is self-regulating. They include the establishment of an
independent tribal regulatory body which performs certain functions, a
sufficient source of funding for the regulatory body, and the adoption
of a conflict of interest policy for tribal regulators. The Commission
has identified these examples as areas that can make the difference
between a tribal regulation system that adequately regulates gaming and
one that does not.
After a tribe receives a certificate of self-regulation for class
II gaming, the Commission retains oversight, investigative, and
enforcement responsibilities and will continue to maintain an ongoing
relationship with the tribe. A short list of the Commission's many
responsibilities includes:
1. Ensuring compliance with licensing requirements pursuant to 25
C.F.R. Part 558;
2. Ensuring that the tribe has the sole proprietary interest in and
responsibility for the conduct of the gaming pursuant to 25 C.F.R.
522.4(b)(1);
3. Reviewing and approving management contracts, including
suitability determinations and compliance with the National
Environmental Policy Act pursuant to 25 C.F.R. 533.1;
4. Ensuring that annual audit reports of the gaming operation are
provided by the tribe to the Commission pursuant to 25 C.F.R. 571.13;
5. Issuing notices of violation, assessing civil fines, issuing
temporary closure orders, holding hearings, taking testimony, and
issuing decisions pursuant to 25 C.F.R. Part 573, 25 C.F.R. Part 575,
and 25 C.F.R. Part 577;
6. Monitoring tribal operations to assure maintenance of status as
self-regulatory pursuant to 25 U.S.C. Sec. 2710(c)(6).
While this list is not exhaustive, it illustrates the extent to
which the Commission will continue to be involved in the regulation of
class II gaming, notwithstanding a tribe's self-regulating status.
The Act was recently amended, and that amendment may extend the
application of self-regulation standards to apply to class III gaming
operations as well as class II gaming operations. The Commission is
therefore issuing an Advance Notice of Proposed Rulemaking regarding
self-regulation by tribes of class III operations.
Requirement of an Independent Tribal Regulatory Body
Tribal gaming operations vary in type and size. A rigid set of
rules for self-regulation could unnecessarily restrict tribes in the
pursuit of a certificate of self-regulation. Therefore, the Commission
proposes the adoption of a system to identify minimum factors that
should be considered when evaluating a tribe's petition for self-
regulation, while recognizing there are other factors to be considered
as well. One minimum requirement is that the tribe have an independent
tribal regulatory body. Effective regulatory oversight requires that
there be a separation between the regulation and operation of tribal
gaming activities. The independent regulatory body should be an arm of
the tribal government, established for the exclusive purpose of
regulating and monitoring gaming on behalf of the tribe. The regulatory
body must be structured to ensure that the regulation of gaming is
separate from the operation of gaming. The regulatory entity should
have no involvement in the operational or managerial decisions of a
gaming facility, except to the extent that the regulatory body
identifies violations of federal or tribal law.
Therefore, pursuant to 25 U.S.C. 2710 (c) (3), (4), (5), and (6),
these regulations are being proposed to establish the requirements and
the process for obtaining a certificate of self-regulation.
[[Page 12320]]
Regulatory Flexibility Act
This proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq. Because this rule is procedural in nature, it
will not impose substantive requirements that could be deemed impacts
within the scope of the Act.
Paperwork Reduction Act
The Commission is in the process of obtaining clearance from the
Office of Management and Budget (OMB) for the information collection
requirements contained in this proposed rule, as required by 44 U.S.C.
3501 et seq. The information required to be submitted is identified in
sections 518.3 and 518.5, and relates to petitions for certificates of
self-regulation. The information will be used to determine whether a
tribe has met the criteria for the issuance of a certificate of self
regulation, and also to monitor a tribe's ability to continue to meet
the criteria on an ongoing basis in order to maintain its certificate
of self-regulation. Response is required to obtain a benefit in
accordance with 25 U.S.C. 2.
Public reporting burden for this collection of information is
estimated to average 20 hours per petition, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. The Commission estimates that approximately
10 tribes will petition each year for a certificate of self-regulation,
for an annual burden of 200 hours.
In addition, the proposed rule requires tribes that hold
certificates of self-regulation to prepare and submit an annual report
to the Commission to establish that the tribe has continuously met the
criteria for self-regulation. The Commission estimates that the annual
reporting and recordkeeping burden for the annual report will be 50
hours. The Commission estimates that approximately 5 tribes per year
will be issued certificates of self-regulation and thereby required to
submit the annual report, for an annual burden of 250 hours. Total
annual burden for the petition and the annual report is estimated at
450 hours. The Commission further estimates that the total annual cost
to respondents will be between $225,000 and $650,000, depending on the
size of the gaming operation.
Send comments regarding this collection of information, including
suggestions for reducing the burden to both, Maria Getoff, National
Indian Gaming Commission, 1441 L Street N.W., Suite 9100, Washington,
DC 20005; and to the Office of Information and Regulatory Affair,
Office of Management and Budget, Washington, DC 20503. The Office of
Management and Budget (OMB) has up to 60 days to approve or disapprove
the information collection, but may respond after 30 days; therefore
public comments should be submitted to OMB within 30 days in order to
assure their maximum consideration.
The Commission solicits public comment as to:
a. whether the collection of information is necessary for the
proper performance of the functions of the Commission, and whether the
information will have practical utility;
b. the accuracy of the Commission's estimate of the burden of the
collection of information, including the validity of the methodology
and assumptions used;
c. the quality, utility, and clarity of the information to be
collected; and
d. how to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated
electronic, mechanical, or other forms of information technology.
An agency may not conduct, and a person is not required to respond
to a collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act
The Commission has determined that this proposed rule does not
constitute a major Federal action significantly affecting the quality
of the human environment and that no detailed statement is required
pursuant to the National Environmental Policy Act of 1969.
Philip Hogen,
Commissioner, National Indian Gaming Commission.
List of Subjects in 25 CFR Part 518
Gambling, Indians-lands, Indians-tribal government, Reporting and
recordkeeping requirements.
For the reasons stated in the preamble, the National Indian Gaming
Commission proposes to amend 25 CFR by adding a new part 518 as
follows:
PART 518--SELF REGULATION OF CLASS II GAMING
Sec.
518.1 What does this part cover?
518.2 Who may petition for a certificate of self-regulation?
518.3 What must a tribe submit to the Commission as part of its
petition?
518.4 What criteria must a tribe meet to be issued a certificate of
self-regulation?
518.5 What process will the Commission use to review petitions?
518.6 When will a certificate of self-regulation become effective?
518.7 If a tribe holds a certificate of self-regulation, is it
required to report information to the Commission to maintain its
self-regulatory status?
518.8 Does a tribe that holds a certificate of self-regulation have
a continuous duty to advise the Commission of any information?
518.9 Are any of the investigative or enforcement powers of the
Commission limited by the issuance of a certificate of self-
regulation?
518.10 Under what circumstances may the Commission remove a
certificate of self-regulation?
518.11 May a tribe request a hearing on the Commission's proposal
to remove its certificate?
518.12 May a tribe request reconsideration by the Commission of a
denial of a petition or a removal of a certificate of self-
regulation?
Authority: 25 U.S.C. 2706(b)(10), 2710(c) (3)-(6).
Sec. 518.1 What does this part cover?
This part sets forth requirements for obtaining, and procedures
governing, the Commission's issuance of certificates of self-regulation
of class II gaming operations under 25 U.S.C. 2710(c). When the
Commission issues a certificate of self-regulation, the certificate is
issued to the tribe, not to a particular gaming operation; the
certificate will apply to all class II gaming operations operated by
the tribe that holds the certificate.
Sec. 518.2 Who may petition for a certificate of self-regulation?
A tribe may submit to the Commission a petition for self-regulation
of class II gaming if, for the three (3) year period immediately
preceding the date of its petition:
(a) The tribe has continuously conducted the gaming activity for
which it seeks self-regulation;
(b) All gaming that the tribe has engaged in, or licensed and
regulated, on Indian lands within the tribe's jurisdiction, is located
within a State that permits such gaming for any purpose by any person,
organization or entity (and such gaming is not otherwise specifically
prohibited on Indian lands by federal law), in accordance with 25
U.S.C. 2710(b)(1)(A);
(c) The governing body of the tribe has adopted an ordinance or
resolution that the Chairman has approved, in accordance with 25 U.S.C.
2710(b)(1)(B);
[[Page 12321]]
(d) The tribe has otherwise complied with the provisions of 25
U.S.C. 2710; and,
(e) The gaming operation and the tribal regulatory body have, for
the three years immediately preceding the date of the petition,
maintained all records required to support the petition for self-
regulation.
Sec. 518.3 What must a tribe submit to the Commission as part of its
petition?
(a) A petition for a certificate of self-regulation under this part
shall contain:
(1) Two copies on 8\1/2\'' X 11'' paper of a petition for self-
regulation approved by the governing body of the tribe and certified as
authentic by an authorized tribal official, which includes:
(i) A brief history of each gaming operation(s), including the
opening dates and periods of voluntary or involuntary closure;
(ii) An organizational chart of the independent tribal regulatory
body;
(iii) A description of the process by which positions on the
independent tribal regulatory body are filled;
(iv) A description of the process by which the independent tribal
regulatory body is funded and the funding level for the three years
immediately preceding the date of the petition;
(v) A list of the current regulators and employees of the
independent tribal regulatory body, their titles, and the dates they
began employment; and
(vi) A list of the current gaming operation division heads.
(2) A list of the documents maintained by the tribe, to which the
Commission shall have access, for use in determining whether the tribe
meets the eligibility criteria of Sec. 518.2 and the approval criteria
of Sec. 518.4, which shall include but is not limited to:
(i) The tribe's constitution or other governing documents;
(ii) If applicable, the tribe's revenue allocation plan pursuant to
25 U.S.C. 2710(b)(3);
(iii) A description of the accounting system for all revenues from
the gaming activities;
(iv) Manual(s) of the internal control systems of the gaming
operation(s);
(v) For the three (3)-year period immediately preceding the date of
the petition, reports on internal controls based on audits of the
financial statements, which are in addition to the annual audit reports
required to be submitted to the Commission under 25 U.S.C.
2710(b)(2)(C), and the management letters required to be submitted to
the Commission under 25 CFR 571.13;
(vi) For the three (3)-year period immediately preceding the date
of the petition, records of all allegations of criminal or dishonest
activity, and measures taken to resolve the allegations;
(vii) For the three (3)-year period immediately preceding the date
of the petition, records of all investigations, enforcement actions,
and prosecutions of violations of the tribal gaming ordinance or
regulations, including dispositions thereof;
(viii) Records of all current employees of the gaming operation,
including the name, title, and licensing status of each employee;
(ix) The dates of issuance, and criteria for the issuance of tribal
gaming licenses issued for each place, facility or location at which
gaming is conducted;
(x) The tribe's current set of gaming regulations; and
(xi) The dates of the last three annual audit reports for the
independent tribal regulatory body and the tribal government;
(3) A copy of the public notice required under 25 CFR 518.5(e), and
a certification, signed by a tribal official, that it has been posted.
Upon publication of the notice in a local newspaper, the tribe shall
forward a copy of such publication to the Commission;
(4) A copy of an audit report(s), along with the opinion from an
independent certified public accountant, which shows that tribal net
gaming revenues were used in accordance with the requirements of 25
U.S.C. 2710(b)(2)(B) for the three (3)-year period immediately
preceding the date of the petition.
Sec. 518.4 What criteria must a tribe meet to be issued a certificate
of self-regulation?
(a) The Commission may issue a certificate of self-regulation if it
determines that the tribe has, for the three years immediately
preceding the petition:
(1) Conducted its gaming activity in a manner that:
(i) Has resulted in an effective and honest accounting of all
revenues;
(ii) Has resulted in a reputation for safe, fair, and honest
operation of the activity; and
(iii) Has been generally free of evidence of criminal or dishonest
activity.
(2) Adopted and is implementing adequate systems for:
(i) Accounting of all revenues from the activity;
(ii) Investigation, licensing and monitoring of all employees of
the gaming activity;
(iii) Investigation, enforcement and prosecution of violations of
its gaming ordinance and regulations;
(3) Conducted the operation on a fiscally and economically sound
basis; and
(4) The gaming activity has been conducted in full compliance with
the IGRA, NIGC regulations, and the tribe's gaming ordinance and gaming
regulations.
(b) Indicators that a tribe has met the criteria set forth in
paragraph (a) of this section may include, but is not limited to:
(1) Adoption and implementation of minimum internal control
standards which are at least as stringent as those promulgated by the
Commission, or until such standards are promulgated by the Commission,
minimum internal control standards at least as stringent as those
required by the State of Nevada or the State of New Jersey;
(2) Evidence that suitability determinations are made with respect
to tribal gaming regulators which are at least as stringent as those
required for key employees and primary management officials of the
gaming operation(s);
(3) Evidence of an established independent regulatory body within
the tribal government which:
(i) Monitors gaming activities to ensure compliance with federal
and tribal laws and regulations;
(ii) Promulgates tribal gaming regulations pursuant to tribal law;
(iii) Ensures that there is an adequate system for accounting of
all revenues from the activity and monitors such system for continued
effectiveness;
(iv) Performs routine audits of the gaming operation;
(v) Routinely receives and reviews accounting information from the
gaming operation;
(vi) Has access to and may inspect, examine, photocopy and audits
all papers, books, and records;
(vii) Provides ongoing information to the tribe on the status of
the tribe's gaming operation(s);
(viii) Monitors compliance with minimum internal control standards
for the gaming operation;
(ix) Adopts and implements an adequate system for investigation,
licensing, and monitoring of all employees of the gaming activity;
(x) Maintains records on licensees and on persons denied licenses
including persons otherwise prohibited from engaging in gaming
activities within the tribe's jurisdiction;
(xi) Inspects and examines all premises where gaming is conducted;
(xii) Establishes standards for and issues vendor licenses or
permits to persons or entities who deal with the gaming operation, such
as
[[Page 12322]]
manufacturers and suppliers of services, equipment and supplies;
(xiii) Establishes or approves, and posts, rules of games;
(xiv) Inspects games, tables, equipment, cards, and chips or tokens
used in the gaming operation(s);
(xv) Establishes standards for technological aids and tests such
for compliance with standards;
(xvi) Establishes or approves video surveillance standards;
(xvii) Adopts and implements an adequate system for the
investigation of possible violations of the tribal gaming ordinance and
regulations and takes appropriate enforcement actions;
(xviii) Determines that there is adequate dispute resolution
procedures for gaming operation employees and customers, and ensures
that such system is adequately implemented; and
(xix) Takes testimony and conducts hearings on regulatory matters,
including matters related to the revocation of primary management
officials and key employee licenses.
(4) Documentation of a sufficient source of permanent and stable
funding for the independent tribal regulatory body which is allocated
and appropriated by the tribal governing body;
(5) Adoption of a conflict of interest policy for the regulators/
regulatory body and their staff;
(6) Evidence that the operation is financially stable;
(7) Adoption and implementation of a system for adequate
prosecution of violations of the tribal gaming ordinance and
regulations, which may include the existence of a tribal court system
authorized to hear and decide gaming related cases; and
(8) Evidence that the operation is being conducted in a safe
manner, which may include, but not be limited to:
(i) The availability of medical, fire, and emergency services;
(ii) The existence of an evacuation plan; and
(iii) Proof of compliance with applicable building, health, and
safety codes.
(c) The burden of establishing self-regulation is upon the tribe
filing the petition.
(d) The Commission shall have complete access to all areas of and
all papers, books, and records of the tribal regulatory body, the
gaming operation, and any other entity involved in the regulation or
oversight of the gaming operation. The Commission shall be allowed to
inspect and photocopy any relevant materials. The tribe shall take no
action to prohibit the Commission from soliciting information from any
current or former employees of the tribe, the tribal regulatory body,
or the gaming operation. Failure to adhere to this paragraph may be
grounds for denial of a petition for self-regulation.
Sec. 518.5 What process will the Commission use to review petitions?
(a) The Commission shall undertake an initial review of the
petition to determine whether the tribe meets all of the eligibility
criteria of Sec. 518.2. If the tribe fails to meet any of the
eligibility criteria, the Commission shall deny the petition and so
notify the tribe. If the tribe meets all of the eligibility criteria,
the Commission shall review the petition and accompanying documents for
completeness. If the Commission finds the petition incomplete, it shall
immediately notify the tribe by letter, certified mail, return receipt
requested, of any obvious deficiencies or significant omissions
apparent in the petition and provide the tribe with an opportunity to
submit additional information and/or clarification.
(b) The Commission shall notify a tribe, by letter, when it
considers a petition to be complete.
(c) Upon receipt of a complete petition, the Commission shall
conduct a review and investigation to determine whether the tribe meets
the approval criteria under Sec. 518.4. During the course of this
review, the Commission may request from the tribe any additional
material it deems necessary to assess whether the tribe has met the
requirements for self-regulation. The tribe shall provide all
information requested by the Commission in a timely manner. The
Commission may consider any evidence which may be submitted by
interested or informed parties.
(d) The tribe shall post a notice, contemporaneous with the filing
of the petition, advising the public that it has petitioned the
Commission for a certificate of self regulation. Such notice shall be
posted in conspicuous places in the gaming operation and the tribal
government offices. Such notice shall remain posted until the
Commission either issues a certificate or declines to do so. The tribe
shall also publish such notice, once a week for four weeks, in a local
newspaper with a broad based circulation. Both notices shall state that
one of the criteria for the issuance of a certificate is that the tribe
has a reputation for safe, fair, and honest operation of the gaming
activity, and shall solicit comments in this regard. The notices shall
instruct commentors to submit their comments directly to the
Commission, shall provide the mailing address of the Commission and
shall request that commentors include their name, address and day time
telephone number.
(e) After making an initial determination on the petition, the
Commission shall issue a report of its findings to the tribe.
(f) The tribe shall have 60 days to submit to the Commission a
written response to the report. This response may include additional
materials which:
(1) The tribe deems necessary to adequately respond to the
Commission's findings; and
(2) The tribe believes supports its petition.
(g) At the time of the submission of its response the tribe may
request a hearing before the Commission. This request shall specify the
issues to be addressed by the tribe at such hearing, and any proposed
oral or written testimony the tribe wishes to present. The Commission
may limit testimony.
(h) The Commission shall notify the tribe, within 10 days of
receipt of such request, of the date and place of the hearing. The
Commission shall also set forth the schedule for the conduct of the
hearing, including the specification of all issues to be addressed at
the hearing, the identification of any witnesses, the time allotted for
testimony and oral argument, and the order of the presentation.
(i) Following review of the tribe's response and the conduct of the
hearing, the full Commission shall issue a final decision on the
petition. The decision shall set forth with particularity the
Commission's findings with respect to the tribe's compliance with
standards for self-regulation set forth in this part. Decisions to
issue or to deny a certificate of self-regulation shall require a vote
of at least two of the Commissioners.
Sec. 518.6 When will a certificate of self-regulation become
effective?
A certificate of self-regulation shall become effective at the
beginning of the next calendar year following the date of its issuance.
Sec. 518.7 If a tribe holds a certificate of self-regulation, is it
required to report information to the Commission to maintain its self-
regulatory status?
Yes. Each tribe that holds a certificate of self-regulation shall
be required to submit a self-regulation report annually to the
Commission in order to maintain its self-regulatory status. Such report
shall set forth information, with supporting documentation, to
establish that the tribe has continuously met the eligibility
requirements of Sec. 518.2 and
[[Page 12323]]
the approval requirements of Sec. 518.4. Such report shall be filed
with the Commission on April 15th of each year following the first year
of self-regulation. Failure to file such report shall be grounds for
the removal of a certificate under Sec. 518.8.
Sec. 518.8 Does a tribe that holds a certificate of self-regulation
have a continuous duty to advise the Commission of any information?
Yes. A tribe that holds a certificate of self-regulation has a
continuous duty, at all times after the receipt of a certificate of
self-regulation, to immediately advise the Commission of any
circumstances that may negatively impact on the tribe's ability to
continue to self-regulate. Failure to do so is grounds for removal of a
certificate of self-regulation. Such circumstances may include, but are
not limited to: a change in management contractor; financial
instability; or any other factors that may undermine a tribe's ability
to effectively regulate.
Sec. 518.9 Are any of the investigative or enforcement powers of the
Commission limited by the issuance of a certificate of self-regulation?
No. The Commission retains its investigative and enforcement powers
over all class II gaming tribes notwithstanding the issuance of a
certificate of self-regulation. The Commission shall retain its powers
to investigate and bring enforcement actions for violations of the
Indian Gaming Regulatory Act, accompanying regulations, and violations
of tribal gaming ordinances.
Sec. 518.10 Under what circumstances may the Commission remove a
certificate of self-regulation?
The Commission may, after an opportunity for a hearing, remove a
certificate of self-regulation by a majority vote of its members if it
determines that the tribe no longer meets the eligiblity criteria of
Sec. 518.2, the approval criteria of Sec. 518.4, the requirements of
Sec. 518.7 or the requirements of Sec. 518.8. The Commission shall
provide the tribe with prompt notice of the Commission's intent to
remove a certificate of self-regulation under this part. Such notice
shall state the reasons for the Commission's action and shall advise
the tribe of its right to a hearing under Sec. 518.9.
Sec. 518.11 May a tribe request a hearing on the Commission's proposal
to remove its certificate?
Yes. A tribe may request a hearing regarding the Commission's
proposal to remove a certificate of self regulation under Sec. 518.8.
Such a request shall be filed with the Commission within thirty (30)
days after the tribe received notice of the Commission's action.
Failure to request a hearing within the time provided by this section
shall constitute a waiver of the right to a hearing.
Sec. 518.12 May a tribe request reconsideration by the Commission of a
denial of a petition or a removal of a certificate of self-regulation?
Yes. A tribe may file a request for reconsideration of a denial of
a petition or a removal of a certificate of self-regulation within 30
days of receipt of the denial or removal. Such request shall set forth
the basis for the request, specifically identifying those Commission
findings which the tribe believes to be erroneous. The Commission shall
issue a decision with regard to any request for reconsideration within
30 days of receipt of the request. If the Commission fails to issue a
decision within 30 days, the request shall be considered to be
disapproved.
[FR Doc. 98-6284 Filed 3-11-98; 8:45 am]
BILLING CODE 7565-01-P
