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| Subpart A | General | 571.1 – 571.4 | ||||||||||||
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58 FR 5842, Jan. 22, 1993, unless otherwise noted.
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This part sets forth general procedures governing Commission monitoring and investigations of Indian gaming operations.
As used in this subchapter, the following terms have the specified meanings:
Commission's authorized representative means any persons who is authorized to act on behalf of the Commission for the purpose of implementing the Act and this chapter.
Day means calendar day unless otherwise specified.
Hearing means that part of a proceeding that involves the submission of evidence to the presiding official, either by oral presentation or written submission.
Party means the Chairman, the respondent(s), and any other person named or admitted as a party to a proceeding.
Person means an individual, Indian tribe, corporation, partnership, or other organization or entity.
Presiding official means a person designated by the Commission who is qualified to conduct an administrative hearing and authorized to administer oaths, and has had no previous role in the prosecution of a matter over which he or she will preside.
Respondent means a person against whom the Commission is seeking civil penalties under section 2713 of the Act.
Violation means a violation of applicable federal or tribal statutes, regulations, ordinances, or resolutions.
[58 FR 5842, Jan. 22, 1993; 58 FR 8449, Feb. 12, 1993, as amended at 58 FR 16494, Mar. 29, 1993]
Unless confidentiality is waived, the Commission shall treat as confidential any and all information received under the Act that falls within the exemptions of 5 U.S.C. 552(b) (4) and (7); except that when such information indicates a violation of Federal, State, or tribal statutes, regulations, ordinances, or resolutions, the Commission shall provide such information to appropriate law enforcement officials. The confidentiality of documents submitted in a multiple-party proceeding is addressed in § 584.9 of this chapter.
[58 FR 5842, Jan. 22, 1993, as amended at 80 FR 31995, June 5, 2015]
In instances where Commission has concluded its investigation of a particular matter and will not recommend the commencement of an enforcement proceeding against a respondent at that time, the Commission's authorized representative, in his or her discretion, may advise the party by letter that the investigation has been completed. An investigation completion letter does not constitute a finding that no violation of IGRA, NIGC regulations, or a tribe's approved gaming ordinance or resolution occurred. Further, an investigation completion letter does not preclude the reopening of an investigation or the initiation of an enforcement action by the Chair.
[77 FR 47517, Aug. 9, 2012, as amended at 80 FR 31995, June 5, 2015]