07202221 - Level III Training Book

How might this have been handled differently?

What Happened Here?

Yes, som etim es it beco mes nece ssar y to seek legal cou nsel

How should this have been handled?

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Sources of Conflict: Imbalance of Power

The Tribe’s gaming ordinance grants the gaming commission “total authority over all gaming regulation matters, including final decision-making authority over its own decisions.”

Without hearing and pursuant to the authority granted in the ordinance, the Commission revoked the casino’s gaming facility license and ordered it closed pending repairs to the HVAC system. The casino’s request for a hearing was denied and no other appeal was available under the ordinance.

The Council amended the gaming ordinance, abolished the Commission, and replaced it with a new regulatory agency with much greater limits on its authority.

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Homer Law, Chtd. 2006

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