§ 4-108. Eligibility determination and procedures for forwarding applications and reports for key employees and primary management officials to the National Indian Gaming Commission.
A. The Commission shall review an applicant’s prior activities, criminal record, 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 Commission 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, the gaming operation shall not employ that person.
B. When a key employee or primary management official commences work at a gaming operation, the Commission shall within a reasonable period of time forward to the NIGC a completed application for employment for such key employee or primary management official, and shall conduct all necessary background investigations. The Commission shall make the eligibility determination referred to in subsection (A) of this section.
C. A report shall be submitted to the NIGC within sixty (60) days after a key employee or primary management official commences work at a gaming operation or within sixty (60) days of the approval of this statute by the Chairman. Such report shall, at a minimum, include all of the following:
1. Steps taken in conducting the background investigation;
2. Results obtained;
3. Conclusions reached by the Commission;
4. The Commission’s basis for those conclusions; and
5. A copy of the eligibility determination made pursuant to subsection (A) of this section.
D. Subject to the provisions of Section 3-113 of this Title, no gaming operation shall continue to employ as a key employee or primary management official any person who does not have a license within ninety (90) days of commencing work at a gaming operation.
E. If a license is not issued to an applicant, the Commission:
1. Shall notify the NIGC; and
2. May forward copies of its eligibility determination and any relevant report regarding a background investigation of the applicant to the NIGC for inclusion in the Indian Gaming Individuals Records System.
F. With respect to key employees and primary management officials, applications for employment and reports of background investigations shall be retained by the Commission for inspection by the Chairman or his designee for no less than three years from the date of termination of employment of each key employee or primary management official. ONCA 07-09, eff. Dec. 8, 2006; ONCA 10-73, eff. Oct. 5, 2010.