25 U.S.C. § 2713 : US Code - Section 2713: Civil penalties

Search 25 U.S.C. § 2713 : US Code - Section 2713: Civil penalties

(a) Authority; amount; appeal; written complaint
(1) Subject to such regulations as may be prescribed by the
Commission, the Chairman shall have authority to levy and collect
appropriate civil fines, not to exceed $25,000 per violation,
against the tribal operator of an Indian game or a management
contractor engaged in gaming for any violation of any provision of
this chapter, any regulation prescribed by the Commission pursuant
to this chapter, or tribal regulations, ordinances, or resolutions
approved under section 2710 or 2712 of this title.
(2) The Commission shall, by regulation, provide an opportunity
for an appeal and hearing before the Commission on fines levied and
collected by the Chairman.
(3) Whenever the Commission has reason to believe that the tribal
operator of an Indian game or a management contractor is engaged in
activities regulated by this chapter, by regulations prescribed
under this chapter, or by tribal regulations, ordinances, or
resolutions, approved under section 2710 or 2712 of this title,
that may result in the imposition of a fine under subsection (a)(1)
of this section, the permanent closure of such game, or the
modification or termination of any management contract, the
Commission shall provide such tribal operator or management
contractor with a written complaint stating the acts or omissions
which form the basis for such belief and the action or choice of
action being considered by the Commission. The allegation shall be
set forth in common and concise language and must specify the
statutory or regulatory provisions alleged to have been violated,
but may not consist merely of allegations stated in statutory or
regulatory language.
(b) Temporary closure; hearing
(1) The Chairman shall have power to order temporary closure of
an Indian game for substantial violation of the provisions of this
chapter, of regulations prescribed by the Commission pursuant to
this chapter, or of tribal regulations, ordinances, or resolutions
approved under section 2710 or 2712 of this title.
(2) Not later than thirty days after the issuance by the Chairman
of an order of temporary closure, the Indian tribe or management
contractor involved shall have a right to a hearing before the
Commission to determine whether such order should be made permanent
or dissolved. Not later than sixty days following such hearing, the
Commission shall, by a vote of not less than two of its members,
decide whether to order a permanent closure of the gaming
operation.
(c) Appeal from final decision
A decision of the Commission to give final approval of a fine
levied by the Chairman or to order a permanent closure pursuant to
this section shall be appealable to the appropriate Federal
district court pursuant to chapter 7 of title 5.
(d) Regulatory authority under tribal law
Nothing in this chapter precludes an Indian tribe from exercising
regulatory authority provided under tribal law over a gaming
establishment within the Indian tribe's jurisdiction if such
regulation is not inconsistent with this chapter or with any rules
or regulations adopted by the Commission.