11/12/21
• Introduction
• Identify licensee, alleged violation, applicable regulatory sections, and hearing date and time • Background • Layout regulatory authority of TGRA • Gaming Ordinance • IGRA • Tribal-State Gaming Compact (if applicable) • Discussion • Descriptive statement of alleged violation • Usually contains information from audit report or investigation • Order • Date and time of hearing • Scope of representation and who is required to attend • TGRA’s limits on when to file a notice of appearance
Example: Notice and Order
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Example: Notice and Order • You, Smith Gaming, LLC (“Smith Gaming”) , are hereby notified that the Office of the Gaming Commissioner (“OGC”) has preliminarily determined that you have violated the gaming laws and regulations of the Nation by shipping, installing, and maintaining unapproved games at the Gaming Operation. Smith Gaming’s failure to comply with the legal requirements for gaming devices poses a threat to the effective regulation of gaming and creates or enhances the danger of unsuitable, unfair, or illegal practices, methods, or activities in the operation of gaming. • You have demonstrated through such conduct that you are unsuitable for continued licensure by the OGC in accordance with the standards contained in Section 3.3 of the Gaming Ordinance (“Ordinance”). Accordingly, the OGC will conduct a hearing on March 16, 2020, at 2:00 pm to permit you the opportunity to show cause why the OGC should not deny your application for license renewal.
• It is, therefore, ORDERED that Smith Gaming shall appear at a hearing before the OGC on March 16, 2020 at 2:00 pm, to show cause why its application for license renewal should not be denied.
• IT IS FURTHER ORDERED that a representative of Smith Gaming must attend the hearing personally, even if represented by an attorney. If represented by an attorney, all subsequent communications with the OGC must be conducted between Smith Gaming’s attorney and counsel for the OGC. • IT IS FURTHER ORDERED that, in order to avail itself of the opportunity to be heard and to present evidence at a hearing in this proceeding, Smith Gaming, in person or by an attorney, shall file with the OGC within ten (10) days of the service of this Notice and Order, a written appearance stating that it will appear at the hearing and present evidence on the issues specified above.
• IT IS FURTHER ORDERED that, failure to file a timely notice of appearance shall constitute a waiver of your right to an oral hearing in the determination of this matter and an order of license revocation shall be entered against you.
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