Gaming Employees. (a) Every Gaming Employee shall obtain and thereafter maintain current, a valid tribal gaming license, and except as provided in subdivision (b), shall obtain, and thereafter maintain current, a State Gaming Agency determination of suitability, which license and determination shall be subject to biennial renewal; provided that in accordance with section 6.4.9, those persons may be employed on a temporary or conditional basis pending completion of the licensing process and the State Gaming Agency determination of suitability. (b) The State Gaming Agency and the Tribal Gaming Agency have identified those Gaming Employees who, in addition to a tribal gaming license, must also apply for, obtain, and maintain, a finding of suitability from the State Gaming Agency. The general principles governing those Gaming Employees who must have both a tribal gaming license and a finding of suitability from the State Gaming Agency are set forth below, and are consistent with agreements between the State Gaming Agency and the Tribal Gaming Agency in effect at the time of execution of this Compact as provided in section 6.5.6, subdivision (a) of the 1999 Compact. These agreements shall remain in effect unless and until they are updated or amended through consultations between the State Gaming Agency and the Tribal Gaming Agency. In furtherance of these agreements, position titles of those Gaming Employees who must have both a tribal gaming license and a finding of suitability from the State Gaming Agency have been placed on what is referred to as the Compact Key Employee Position List. If no such Compact Key Employee Position List is in effect at the time of execution of this Compact, one shall be negotiated between the State Gaming Agency and the Tribal Gaming Agency. A Gaming Employee who is required to obtain and maintain current a valid tribal gaming license under subdivision (a) is not required to obtain or maintain a State Gaming Agency determination of suitability if any of the following applies: (1) A Gaming Employee shall not be placed on the Compact Key Employee Position List if the employee’s position title is subject to the licensing requirement of subdivision (a) solely because he or she is a person who conducts, operates, maintains, repairs, or assists in Gaming Activities, provided that this exception shall not apply if he or she supervises Gaming Activities or persons who conduct, operate, maintain, repair, assist, account for or supervise any such Gaming Activity, and is empowered to make discretionary decisions affecting the conduct or operation of the Gaming Activities. (2) A Gaming Employee shall not be placed on the Compact Key Employee Position List if the employee’s position title is subject to the licensing requirement of subdivision (a) solely because he or she is a person whose employment duties require or authorize access to areas of the Gaming Facility that are not open to the public, provided that this exception shall not apply if he or she supervises Gaming Activities or persons who conduct, operate, maintain, repair, assist, account for or supervise any such Gaming Activity, and is empowered to make discretionary decisions affecting the conduct or operation of the Gaming Activities. (3) Members and employees of the Tribal Gaming Agency are not subject to a finding of suitability from the State Gaming Agency. (4) The State Gaming Agency and the Tribal Gaming Agency may agree to exempt a Gaming Employee from the requirement to obtain or maintain current a State Gaming Agency determination of suitability. (c) For those position titles not included on the Compact Key Employee Position List, notwithstanding subdivision (b), where the State Gaming Agency reasonably believes that licensure of an individual may pose a threat to gaming integrity or public safety, the State Gaming Agency may notify the Tribal Gaming Agency of its concerns and request a meeting with the Tribal Gaming Agency to review the tribal license application, and all materials and information received by the Tribal Gaming Agency in connection therewith, for any person whom the Tribal Gaming Agency has licensed, or proposes to license, as a Gaming Employee. Upon that request, the Tribal Gaming Agency shall meet with the State Gaming Agency and discuss such application and materials. If after the meeting the State Gaming Agency continues to believe that the person would be unsuitable for issuance of a license or permit for a similar level of employment in a gambling establishment subject to the jurisdiction of the State, it shall notify the Tribal Gaming Agency of its determination and the reasons supporting its determination. The Tribal Gaming Agency shall thereafter conduct a hearing in accordance with section 6.5.5 to reconsider issuance of the tribal gaming license and shall notify the State Gaming Agency of its determination immediately upon issuing its decision following conclusion of the hearing, which decision shall be final unless the State Gaming Agency requests within thirty (30) days of such notification that the decision be made the subject of dispute resolution pursuant to section 13.0. This subdivision (c) is intended and anticipated to be exercised infrequently, if at all, on a case-by-case basis. Notwithstanding a determination of unsuitability by the State Gaming Agency, the Tribal Gaming Agency may, in its discretion, decline to revoke a tribal gaming license issued to a person employed by the Tribe pursuant to subdivisions (e) or (f). (d) Except as provided in subdivisions (e) and (f), the Tribe shall not employ, or continue to employ, any person whose application to the State Gaming Agency for a determination of suitability or for a renewal of such a determination has been denied or withdrawn, or whose determination of suitability has expired without renewal. (e) Notwithstanding subdivisions (b) and (c), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if: (1) The person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; (2) The denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability; (3) The person is not an employee or agent of any other gaming operation; and (4) The person has been in the continuous employ of the Tribe for at least three (3) years prior to June 26, 2000. (f) Notwithstanding subdivisions (b) and (c), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if the person is an enrolled member of the Tribe (defined for purposes of this subdivision as a person who is a member of the Tribe as determined by the Tribe’s law), and if: (1) The enrolled member of the Tribe holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; and (2) The enrolled member of the Tribe is not an employee or agent of any other gaming operation; and (3) Either subdivision (f)(3)(A) or (B) applies (A) The enrolled member was eligible for an exemption under section 6.4.4, subdivision (d) of the 1999 Compact, was granted a license by the Tribal Gaming Agency while the 1999 Compact was in effect, and the State Gaming Agency’s denial of the application is based solely on activities, conduct, or associations that antedate the Tribal Gaming Agency’s first grant of a license to the tribal member pursuant to the 1999 Compact; or (B) The denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate by at least ten (10) years, the filing of the enrolled member of the Tribe’s initial application to the State Gaming Agency for a determination of suitability. (g) At any time after five (5) years following the effective date of this Compact, either the Tribal Gaming Agency or the State Gaming Agency may request to amend the position titles identified on the Compact Key Employee Position List. (h) This section shall not apply to members of the Tribal Gaming Commission.
Appears in 4 contracts
Samples: Tribal State Compact, Tribal State Compact, Tribal State Compact
Gaming Employees. (a) Every Gaming Employee shall obtain and thereafter maintain current, a valid tribal gaming license, and except as provided in subdivision (b), shall obtain, and thereafter maintain current, a State Gaming Agency determination of suitability, which license and determination shall be subject to biennial renewal; provided that in accordance with section 6.4.9, those persons may be employed on a temporary or conditional basis pending completion of the licensing process and the State Gaming Agency determination of suitability.
(b) The State Gaming Agency and the Tribal Gaming Agency have identified those Gaming Employees who, in addition to a tribal gaming license, must also apply for, obtain, and maintain, a finding of suitability from the State Gaming Agency. The general principles governing those Gaming Employees who must have both a tribal gaming license and a finding of suitability from the State Gaming Agency are set forth below, and are consistent with agreements between the State Gaming Agency and the Tribal Gaming Agency in effect at the time of execution of this Compact as provided in section 6.5.6, subdivision (a) of the 1999 Compact. These agreements shall remain in effect unless and until they are updated or amended through consultations between the State Gaming Agency and the Tribal Gaming Agency. In furtherance of these agreements, position titles of those Gaming Employees who must have both a tribal gaming license and a finding of suitability from the State Gaming Agency have been placed on what is referred to as the Compact Key Employee Position List. If no such Compact Key Employee Position List is in effect at the time of execution of this Compact, one shall be negotiated between the State Gaming Agency and the Tribal Gaming Agency. A Gaming Employee who is required to obtain and maintain current a valid tribal gaming license under subdivision (a) is not required to obtain or maintain a State Gaming Agency determination of suitability if any of the following applies:
(1) A Gaming Employee shall not be placed on the Compact Key Employee Position List if the employee’s position title is subject to the licensing requirement of subdivision (a) solely because he or she is a person who conducts, operates, maintains, repairs, or assists in Gaming Activities, provided that this exception shall not apply if he or she supervises Gaming Activities or persons who conduct, operate, maintain, repair, assist, account for or supervise any such Gaming Activity, and is empowered to make discretionary decisions affecting the conduct or operation of the Gaming Activities.
(2) A Gaming Employee shall not be placed on the Compact Key Employee Position List if the employee’s position title is subject to the licensing requirement of subdivision (a) solely because he or she is a person whose employment duties require or authorize access to areas of the Gaming Facility that are not open to the public, provided that this exception shall not apply if he or she supervises Gaming Activities or persons who conduct, operate, maintain, repair, assist, account for or supervise any such Gaming Activity, and is empowered to make discretionary decisions affecting the conduct or operation of the Gaming Activities.
(3) Members and employees of the Tribal Gaming Agency are not subject to a finding of suitability from the State Gaming Agency.
(4) The State Gaming Agency and the Tribal Gaming Agency may agree to exempt a Gaming Employee from the requirement to obtain or maintain current a State Gaming Agency determination of suitability.
(c) For those position titles not included on the Compact Key Employee Position List, notwithstanding subdivision (b), where the State Gaming Agency reasonably believes that licensure of an individual may pose a threat to gaming integrity or public safety, the State Gaming Agency may notify the Tribal Gaming Agency of its concerns and request a meeting with the Tribal Gaming Agency to review the tribal license application, and all materials and information received by the Tribal Gaming Agency in connection therewith, for any person whom the Tribal Gaming Agency has licensed, or proposes to license, as a Gaming Employee. Upon that request, the Tribal Gaming Agency shall meet with the State Gaming Agency and discuss such application and materials. If after the meeting the State Gaming Agency continues to believe that the person would be unsuitable for issuance of a license or permit for a similar level of employment in a gambling establishment subject to the jurisdiction of the State, it shall notify the Tribal Gaming Agency of its determination and the reasons supporting its determination. The Tribal Gaming Agency shall thereafter conduct a hearing in accordance with section 6.5.5 to reconsider issuance of the tribal gaming license and shall notify the State Gaming Agency of its determination immediately upon issuing its decision following conclusion of the hearing, which decision shall be final unless the State Gaming Agency requests within thirty (30) days of such notification that the decision be made the subject of dispute resolution pursuant to section 13.0. This subdivision (c) is intended and anticipated to be exercised infrequently, if at all, on a case-by-case basis. Notwithstanding a determination of unsuitability by the State Gaming Agency, the Tribal Gaming Agency may, in its discretion, decline to revoke a tribal gaming license issued to a person employed by the Tribe pursuant to subdivisions (e) or (f).
(d) Except as provided in subdivisions (e) and (f), the Tribe shall not employ, or continue to employ, any person whose application to the State Gaming Agency for a determination of suitability or for a renewal of such a determination has been denied or withdrawn, or whose determination of suitability has expired without renewal.
(e) Notwithstanding subdivisions subdivision (b) and (cd), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if:
(1) The person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially;
(2) The denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability;
(3) The person is not an employee or agent of any other gaming operation; and
(4) The person has been in the continuous employ of the Tribe for at least three (3) years prior to June 26, 2000.
(f) Notwithstanding subdivisions subdivision (b) and (cd), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if the person is an enrolled member of the Tribe (defined for purposes of this subdivision as a person who is a member of the Tribe as determined by the Tribe’s law), and if:
(1) The enrolled member of the Tribe holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; and
(2) The enrolled member of the Tribe is not an employee or agent of any other gaming operation; and
(3) Either subdivision (f)(3)(A) or (B) applies:
(A) The enrolled member was eligible for an exemption under section 6.4.4, subdivision (d) of the 1999 Compact, was granted a license by the Tribal Gaming Agency while the 1999 Compact was in effect, and the State Gaming Agency’s denial of the application is based solely on activities, conduct, or associations that antedate the Tribal Gaming Agency’s first grant of a license to the tribal member pursuant to the 1999 Compact; or
(B) The denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate by at least ten (10) years, the filing of the enrolled member of the Tribe’s initial application to the State Gaming Agency for a determination of suitability.
(g) At any time after five (5) years following the effective date of this Compact, either the Tribal Gaming Agency or the State Gaming Agency may request to amend the position titles identified on the Compact Key Employee Position List.
(h) This section shall not apply to members of the Tribal Gaming Commission.
Appears in 3 contracts
Samples: Tribal State Compact, Tribal State Compact, Tribal State Compact
Gaming Employees. (a) Every Gaming Employee shall obtain and thereafter maintain current, a valid tribal gaming license, and except as provided in subdivision (b), shall obtain, and thereafter maintain current, a State Gaming Agency determination of suitability, which license and determination shall be subject to biennial renewal; provided that in accordance with section 6.4.9, those persons may be employed on a temporary or conditional basis pending completion of the licensing process and the State Gaming Agency determination of suitability.
(b) The State Gaming Agency and the Tribal Gaming Agency have identified those Gaming Employees who, in addition to a tribal gaming license, must also apply for, obtain, and maintain, a finding of suitability from the State Gaming Agency. The general principles governing those Gaming Employees who must have both a tribal gaming license and a finding of suitability from the State Gaming Agency are set forth below, and are consistent with agreements between the State Gaming Agency and the Tribal Gaming Agency in effect at the time of execution of this Compact as provided in section 6.5.6, subdivision (a) of the 1999 Compact. These agreements shall remain in effect unless and until they are updated or amended through consultations between the State Gaming Agency and the Tribal Gaming Agency. In furtherance of these agreements, position titles of those Gaming Employees who must have both a tribal gaming license and a finding of suitability from the State Gaming Agency have been placed on what is referred to as the Compact Key Employee Position List. If no such Compact Key Employee Position List is in effect at the time of execution of this Compact, one shall be negotiated between the State Gaming Agency and the Tribal Gaming Agency. A Gaming Employee who is required to obtain and maintain current a valid tribal gaming license under subdivision (a) is not required to obtain or maintain a State Gaming Agency determination of suitability if any of the following applies:
(1) A Gaming Employee shall not be placed on the Compact Key Employee Position List if the employee’s position title is subject to the licensing requirement of subdivision (a) solely because he or she is a person who conducts, operates, maintains, repairs, or assists in Gaming Activities, provided that this exception shall not apply if he or she supervises Gaming Activities or persons who conduct, operate, maintain, repair, assist, account for or supervise any such Gaming Activity, and is empowered to make discretionary decisions affecting the conduct or operation of the Gaming Activities.
(2) A Gaming Employee shall not be placed on the Compact Key Employee Position List if the employee’s position title is subject to the licensing requirement of subdivision (a) solely because he or she is a person whose employment duties require or authorize access to areas of the Gaming Facility that are not open to the public, provided that this exception shall not apply if he or she supervises Gaming Activities or persons who conduct, operate, maintain, repair, assist, account for or supervise any such Gaming Activity, and is empowered to make discretionary decisions affecting the conduct or operation of the Gaming Activities.
(3) Members and employees of the Tribal Gaming Agency are not subject to a finding of suitability from the State Gaming Agency.
(4) The State Gaming Agency and the Tribal Gaming Agency may agree to exempt a Gaming Employee from the requirement to obtain or maintain current a State Gaming Agency determination of suitability.
(c) For those position titles not included on the Compact Key Employee Position List, notwithstanding subdivision (b), where the State Gaming Agency reasonably believes that licensure of an individual may pose a threat to gaming integrity or public safety, the State Gaming Agency may notify the Tribal Gaming Agency of its concerns and request a meeting with the Tribal Gaming Agency to review the tribal license application, and all materials and information received by the Tribal Gaming Agency in connection therewith, for any person whom the Tribal Gaming Agency has licensed, or proposes to license, as a Gaming Employee. Upon that request, the Tribal Gaming Agency shall meet with the State Gaming Agency and discuss such application and materials. If after the meeting the State Gaming Agency continues to believe that the person would be unsuitable for issuance of a license or permit for a similar level of employment in a gambling establishment subject to the jurisdiction of the State, it shall notify the Tribal Gaming Agency of its determination and the reasons supporting its determination. The Tribal Gaming Agency shall thereafter conduct a hearing in accordance with section 6.5.5 to reconsider issuance of the tribal gaming license and shall notify the State Gaming Agency of its determination immediately upon issuing its decision following conclusion of the hearing, which decision shall be final unless the State Gaming Agency requests within thirty (30) days of such notification that the decision be made the subject of dispute resolution pursuant to section 13.0. This subdivision (c) is intended and anticipated to be exercised infrequently, if at all, on a case-by-case basis. Notwithstanding a determination of unsuitability by the State Gaming Agency, the Tribal Gaming Agency may, in its discretion, decline to revoke a tribal gaming license issued to a person employed by the Tribe pursuant to subdivisions (e) or (f).
(d) Except as provided in subdivisions (e) and (f), the Tribe shall not employ, or continue to employ, any person whose application to the State Gaming Agency for a determination of suitability or for a renewal of such a determination has been denied or withdrawn, or whose determination of suitability has expired without renewal.
(e) Notwithstanding subdivisions (b) and (c), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if:
(1) The person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially;
(2) The denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability;
(3) The person is not an employee or agent of any other gaming operation; and
(4) The person has been in the continuous employ of the Tribe for at least three (3) years prior to June 26, 2000.
(f) Notwithstanding subdivisions (b) and (c), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if the person is an enrolled member of the Tribe (defined for purposes of this subdivision as a person who is a member of the Tribe as determined by the Tribe’s law), and if:
(1) The enrolled member of the Tribe holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; and
(2) The enrolled member of the Tribe is not an employee or agent of any other gaming operation; and
(3) Either subdivision (f)(3)(A) or (B) applies:
(A) The enrolled member was eligible for an exemption under section 6.4.4, subdivision (d) of the 1999 Compact, was granted a license by the Tribal Gaming Agency while the 1999 Compact was in effect, and the State Gaming Agency’s denial of the application is based solely on activities, conduct, or associations that antedate the Tribal Gaming Agency’s first grant of a license to the tribal member pursuant to the 1999 Compact; or
(B) The denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate by at least ten (10) years, the filing of the enrolled member of the Tribe’s initial application to the State Gaming Agency for a determination of suitability.
(g) At any time after five (5) years following the effective date of this Compact, either the Tribal Gaming Agency or the State Gaming Agency may request to amend the position titles identified on the Compact Key Employee Position List.
(h) This section shall not apply to members of the Tribal Gaming Commission.
Appears in 3 contracts
Samples: Tribal State Compact, Tribal State Compact, Tribal State Compact
Gaming Employees. (a) Every Gaming Employee shall obtain obtain, and thereafter maintain current, a valid tribal gaming license, and except as provided those Gaming Employees identified in subdivision (b), ) shall also obtain, and thereafter maintain current, a State Gaming Agency determination of suitability, which license and determination shall be subject to biennial renewal; provided that in accordance with section 6.4.9, those persons may be employed on a temporary or conditional basis pending completion of the licensing process and the State Gaming Agency determination of suitability.
(b) The State Gaming Agency and will consult with the Tribal Gaming Agency have identified to identify those Gaming Employees who, in addition to a tribal gaming license, must also apply for, obtain, and maintain, a finding of suitability from the State Gaming Agency. Gaming Employees who must obtain and maintain a finding of suitability from the State Gaming Agency may be referred to as “Compact Key Employees” and are identified by position on the “Compact Key Employee Position List.” The general principles governing those Gaming Employees who must have both a tribal gaming license and a finding of suitability from the State Gaming Agency are set forth below, and . These principles are consistent with agreements between the State Gaming Agency and the Tribal Gaming Agency in effect at the time identifying Gaming Employees who are not required to have a State Gaming Agency determination of execution of this Compact suitability, as provided in section 6.5.6, subdivision (a) of the 1999 Compact. These Compact and are referred to therein as “non-key Gaming Employee[s],” that are in effect at the time of execution of this Compact and any such agreements shall remain in effect unless and until they are updated or amended through consultations between the State Gaming Agency and the Tribal Gaming Agency. In furtherance of these agreements, position titles of those Gaming Employees who must have both a tribal gaming license and a finding of suitability from the State Gaming Agency have been placed on what is referred to as the Compact Key Employee Position List. If no such Compact Key Employee Position List is in effect at the time of execution of this Compact, one shall be negotiated between the State Gaming Agency and the Tribal Gaming Agency. A Gaming Employee who is required to obtain and maintain current a valid tribal gaming license under subdivision (a) is not required to obtain or maintain a State Gaming Agency determination of suitability if any of the following applies:
(1) A Gaming Employee shall not be placed on the Compact Key Employee Position List if the employee’s position title is subject to the licensing requirement of subdivision (a) solely because he or she is a person who conducts, operates, maintains, repairs, or assists in Gaming Activities, provided that this exception shall not apply if he or she supervises Gaming Activities or persons who conduct, operate, maintain, repair, assist, account for or supervise any such Gaming Activity, and is empowered to make discretionary decisions affecting the conduct or operation of the Gaming Activities.
(2) A Gaming Employee shall not be placed on the Compact Key Employee Position List if the employee’s position title is subject to the licensing requirement of subdivision (a) solely because he or she is a person whose employment duties require or authorize access to areas of the Gaming Facility that are not open to the public, provided that this exception shall not apply if he or she supervises Gaming Activities or persons who conduct, operate, maintain, repair, assist, account for or supervise any such Gaming Activity, and is empowered to make discretionary decisions affecting the conduct or operation of the Gaming Activities.
(3) Members and employees of the Tribal Gaming Agency are not subject to a finding of suitability from the State Gaming Agency.
(4) The State Gaming Agency and the Tribal Gaming Agency may agree to exempt a Gaming Employee from the requirement to obtain or maintain current a State Gaming Agency determination of suitability.
(c) For those position titles not included on the Compact Key Employee Position List, notwithstanding subdivision (b), where the State Gaming Agency determines it is reasonably believes that licensure of an individual may pose a threat to gaming integrity or public safetynecessary, the State Gaming Agency may notify the Tribal Gaming Agency of its concerns and request a meeting with the Tribal Gaming Agency is authorized to review the tribal license application, and all materials and information received by the Tribal Gaming Agency in connection therewith, for any person whom the Tribal Gaming Agency has licensed, or proposes to license, as a Gaming Employee. Upon that request, the Tribal Gaming Agency shall meet with If the State Gaming Agency and discuss such application and materials. If after the meeting the State Gaming Agency continues to believe determines that the person would be unsuitable for issuance of a license or permit for a similar level of employment in a gambling establishment subject to the jurisdiction of the State, it shall notify the Tribal Gaming Agency of its determination and the reasons supporting its determination. The Upon receipt of notice that the State Gaming Agency has determined that a person would be unsuitable for licensure in a gambling establishment subject to the jurisdiction of the State Gaming Agency, the Tribal Gaming Agency shall thereafter conduct deny that person a tribal gaming license, or immediately suspend that person’s or entity’s license, as applicable. Any right to notice or hearing in accordance with section 6.5.5 to reconsider issuance of regard thereto shall be governed by tribal law. Thereafter, the Tribal Gaming Agency shall revoke any tribal gaming license and shall notify that has theretofore been issued to that person or entity; provided that the Tribal Gaming Agency may, in its discretion, reissue a tribal gaming license to the person or entity following entry of a final judgment reversing the determination of the State Gaming Agency of its determination immediately upon issuing its decision following conclusion of the hearing, which decision shall be final unless the State Gaming Agency requests within thirty (30) days of such notification that the decision be made the subject of dispute resolution in a proceeding in state court conducted pursuant to section 13.0. This subdivision (c) is intended and anticipated to be exercised infrequently, if at all, on a case-by-case basis1085 of the California Code of Civil Procedure. Notwithstanding a determination of unsuitability by the State Gaming Agency, the Tribal Gaming Agency may, in its discretion, decline to revoke a tribal gaming license issued to a person employed by the Tribe pursuant to subdivisions (e) or (f).
(d) Except as provided in subdivisions (e) and (f), the Tribe shall not employ, or continue to employ, any person whose application to the State Gaming Agency for a determination of suitability or for a renewal of such a determination has been denied or withdrawn, or whose determination of suitability has expired without renewal.
(e) Notwithstanding subdivisions in accordance with subdivision (b) and (c), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if:
(1) The person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially;
(2) The denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability;
(3) The person is not an employee or agent of any other gaming operation; and
(4) The person has been in the continuous employ of the Tribe for at least three (3) years prior to June 26, 2000.
(f) Notwithstanding subdivisions (b) and (c), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if the person is an enrolled member of the Tribe (defined for purposes of this subdivision as a person who is a member of the Tribe as determined by the Tribe’s law), and if:
(1) The enrolled member of the Tribe holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; and
(2) The enrolled member of the Tribe is not an employee or agent of any other gaming operation; and
(3) Either subdivision (f)(3)(A) or (B) applies
(A) The enrolled member was eligible for an exemption under section 6.4.4, subdivision (d) of the 1999 Compact, was granted a license by the Tribal Gaming Agency while the 1999 Compact was in effect, and the State Gaming Agency’s denial of the application is based solely on activities, conduct, or associations that antedate the Tribal Gaming Agency’s first grant of a license to the tribal member pursuant to the 1999 Compact; or
(B) The denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate by at least ten (10) years, the filing of the enrolled member of the Tribe’s initial application to the State Gaming Agency for a determination of suitability.
(g) At any time after five (5) years following the effective date of this Compact, either the Tribal Gaming Agency or the State Gaming Agency may request to amend the position titles identified on the Compact Key Employee Position List.
(h) This section shall not apply to members of the Tribal Gaming Commission.section
Appears in 2 contracts
Samples: Tribal State Compact, Tribal State Compact
Gaming Employees. (a) Every Gaming Employee shall obtain obtain, and thereafter maintain current, a valid tribal gaming license, license and except as provided those Gaming Employees identified in subdivision (b), ) shall also obtain, and thereafter maintain current, a State Gaming Agency determination of suitability, which license and determination shall be subject to biennial renewal; provided that in accordance with section 6.4.9, those persons may be employed on a temporary or conditional basis pending completion of the licensing process and the State Gaming Agency determination of suitability.
(b) The State Gaming Agency and will consult with the Tribal Gaming Agency have identified to identify those Gaming Employees who, in addition to a tribal gaming license, license must also apply for, obtain, and maintain, a finding of suitability from the State Gaming Agency. Gaming Employees who must obtain and maintain a finding of suitability from the State Gaming Agency may be referred to as “Compact Key Employees” and are identified by position on the “Compact Key Employee Position List.” The general principles governing those Gaming Employees who must have both a tribal gaming license and a finding of suitability from the State Gaming Agency are set forth below, and . These principles are consistent with agreements between the State Gaming Agency and the Tribal Gaming Agency in effect at the time identifying Gaming Employees who are not required to have a State Gaming Agency determination of execution of this Compact suitability, as provided in section 6.5.6, subdivision (a) of the 1999 Compact and are referred to therein as “non-key Gaming Employee[s]” and that are in effect at the time of execution of this Compact. These , and any such agreements shall remain in effect unless and until they are updated or amended through consultations between the State Gaming Agency and the Tribal Gaming Agency. In furtherance of these agreements, position titles of those Gaming Employees who must have both a tribal gaming license and a finding of suitability from the State Gaming Agency have been placed on what is referred to as the Compact Key Employee Position List. If no such Compact Key Employee Position List is in effect at the time of execution of this Compact, one shall be negotiated between the State Gaming Agency and the Tribal Gaming Agency. A Gaming Employee who is required to obtain and maintain current a valid tribal gaming license under subdivision (a) is not required to obtain or maintain a State Gaming Agency determination of suitability if any of the following applies:
(1) A Gaming Employee shall not be placed on the Compact Key Employee Position List if the employee’s position title is subject to the licensing requirement of subdivision (a) solely because he or she is a person who conducts, operates, maintains, repairs, or assists in Gaming Activities, provided that this exception shall not apply if he or she supervises Gaming Activities or persons who conduct, operate, maintain, repair, assist, account for or supervise any such Gaming Activity, and is empowered to make discretionary decisions affecting the conduct or operation of the Gaming Activities.
(2) A Gaming Employee shall not be placed on the Compact Key Employee Position List if the employee’s position title is subject to the licensing requirement of subdivision (a) solely because he or she is a person whose employment duties require or authorize access to areas of the Gaming Facility that are not open to the public, provided that this exception shall not apply if he or she supervises Gaming Activities or persons who conduct, operate, maintain, repair, assist, account for or supervise any such Gaming Activity, and is empowered to make discretionary decisions affecting the conduct or operation of the Gaming Activities.
(3) Members and employees of the Tribal Gaming Agency are not subject to a finding of suitability from the State Gaming Agency.
(4) The State Gaming Agency and the Tribal Gaming Agency may agree to exempt a Gaming Employee from the requirement to obtain or maintain current a State Gaming Agency determination of suitability.
(c) For those position titles not included on the Compact Key Employee Position List, notwithstanding subdivision (b), where the State Gaming Agency determines it is reasonably believes that licensure of an individual may pose a threat to gaming integrity or public safetynecessary, the State Gaming Agency may notify the Tribal Gaming Agency of its concerns and request a meeting with the Tribal Gaming Agency is authorized to review the tribal license application, and all materials and information received by the Tribal Gaming Agency in connection therewith, for any person whom the Tribal Gaming Agency has licensed, or proposes to license, as a Gaming Employee. Upon that request, the Tribal Gaming Agency shall meet with If the State Gaming Agency and discuss such application and materials. If after the meeting the State Gaming Agency continues to believe determines that the person would be unsuitable for issuance of a license or permit for a similar level of employment in a gambling establishment subject to the jurisdiction of the State, it shall notify the Tribal Gaming Agency of its determination and the reasons supporting its determination. The Upon receipt of notice that the State Gaming Agency has determined that a person would be unsuitable for licensure in a gambling establishment subject to the jurisdiction of the State Gaming Agency, the Tribal Gaming Agency shall thereafter conduct deny that person a tribal gaming license, or immediately suspend that person’s or entity’s license, as applicable. Any right to notice or hearing in accordance with section 6.5.5 to reconsider issuance of regard thereto shall be governed by tribal law. Thereafter, the Tribal Gaming Agency shall revoke any tribal gaming license and shall notify that has theretofore been issued to that person or entity; provided that the Tribal Gaming Agency may, in its discretion, reissue a tribal gaming license to the person or entity following entry of a final judgment reversing the determination of the State Gaming Agency of its determination immediately upon issuing its decision following conclusion of the hearing, which decision shall be final unless the State Gaming Agency requests within thirty (30) days of such notification that the decision be made the subject of dispute resolution in a proceeding in state court conducted pursuant to section 13.0. This subdivision (c) is intended and anticipated to be exercised infrequently, if at all, on a case-by-case basis1085 of the California Code of Civil Procedure. Notwithstanding a determination of unsuitability by the State Gaming Agency, the Tribal Gaming Agency may, in its discretion, decline to revoke a tribal gaming license issued to a person employed by the Tribe pursuant to subdivisions (e) or (f).
(d) Except as provided in subdivisions (e) and (f), the Tribe shall not employ, or continue to employ, any person whose application to the State Gaming Agency for a determination of suitability or for a renewal of such a determination has been denied or withdrawn, or whose determination of suitability has expired without renewal.
(e) Notwithstanding subdivisions in accordance with subdivision (b) and (c), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if:
(1) The person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially;
(2) The denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability;
(3) The person is not an employee or agent of any other gaming operation; and
(4) The person has been in the continuous employ of the Tribe for at least three (3) years prior to June 26, 2000.
(f) Notwithstanding subdivisions (b) and (c), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if the person is an enrolled member of the Tribe (defined for purposes of this subdivision as a person who is a member of the Tribe as determined by the Tribe’s law), and if:
(1) The enrolled member of the Tribe holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; and
(2) The enrolled member of the Tribe is not an employee or agent of any other gaming operation; and
(3) Either subdivision (f)(3)(A) or (B) applies
(A) The enrolled member was eligible for an exemption under section 6.4.4, subdivision (d) of the 1999 Compact, was granted a license by the Tribal Gaming Agency while the 1999 Compact was in effect, and the State Gaming Agency’s denial of the application is based solely on activities, conduct, or associations that antedate the Tribal Gaming Agency’s first grant of a license to the tribal member pursuant to the 1999 Compact; or
(B) The denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate by at least ten (10) years, the filing of the enrolled member of the Tribe’s initial application to the State Gaming Agency for a determination of suitability.
(g) At any time after five (5) years following the effective date of this Compact, either the Tribal Gaming Agency or the State Gaming Agency may request to amend the position titles identified on the Compact Key Employee Position List.
(h) This section shall not apply to members of the Tribal Gaming Commission.section
Appears in 2 contracts
Samples: Tribal State Compact, Tribal State Compact
Gaming Employees. (a) Every Gaming Employee shall obtain obtain, and thereafter maintain current, a valid tribal gaming license, and except as provided in subdivision (b), shall obtain, and thereafter maintain current, a State Gaming Agency determination of suitability, which license and determination shall be subject to biennial renewal; provided that in accordance with section 6.4.9, those persons may be employed on a temporary or conditional basis pending completion of the licensing process and where applicable the State Gaming Agency determination of suitabilitysuitability process.
(b) The State Gaming Agency Except as provided in subdivisions (d) and (e) of this section, the Tribal Gaming Agency have identified those Gaming Employees whoTribe will not employ or continue to employ, in addition any person whose application to a tribal gaming license, must also apply for, obtain, and maintain, a finding of suitability from the State Gaming Agency. The general principles governing those Gaming Employees who must have both a tribal gaming license and a finding of suitability from the State Gaming Agency are set forth below, and are consistent with agreements between the State Gaming Agency and the Tribal Gaming Agency in effect at the time of execution of this Compact as provided in section 6.5.6, subdivision (a) of the 1999 Compact. These agreements shall remain in effect unless and until they are updated or amended through consultations between the State Gaming Agency and the Tribal Gaming Agency. In furtherance of these agreements, position titles of those Gaming Employees who must have both for a tribal gaming license and a finding of suitability from the State Gaming Agency have been placed on what is referred to as the Compact Key Employee Position List. If no such Compact Key Employee Position List is in effect at the time of execution of this Compact, one shall be negotiated between the State Gaming Agency and the Tribal Gaming Agency. A Gaming Employee who is required to obtain and maintain current a valid tribal gaming license under subdivision (a) is not required to obtain or maintain a State Gaming Agency determination of suitability if any or for a renewal of the following applies:
(1) A Gaming Employee shall not be placed on the Compact Key Employee Position List if the employee’s position title is subject to the licensing requirement of subdivision (a) solely because he or she is such a person who conducts, operates, maintains, repairsdetermination has been denied, or assists in Gaming Activities, provided that this exception shall not apply if he or she supervises Gaming Activities or persons who conduct, operate, maintain, repair, assist, account for or supervise any such Gaming Activity, and is empowered to make discretionary decisions affecting the conduct or operation of the Gaming Activities.
(2) A Gaming Employee shall not be placed on the Compact Key Employee Position List if the employee’s position title is subject to the licensing requirement of subdivision (a) solely because he or she is a person whose employment duties require or authorize access to areas of the Gaming Facility that are not open to the public, provided that this exception shall not apply if he or she supervises Gaming Activities or persons who conduct, operate, maintain, repair, assist, account for or supervise any such Gaming Activity, and is empowered to make discretionary decisions affecting the conduct or operation of the Gaming Activities.
(3) Members and employees of the Tribal Gaming Agency are not subject to a finding determination of suitability from the State Gaming Agency.
(4) The State Gaming Agency and the Tribal Gaming Agency may agree to exempt a Gaming Employee from the requirement to obtain or maintain current a State Gaming Agency determination of suitabilityhas expired without renewal.
(c) For those position titles not included on the Compact Key Employee Position List, notwithstanding subdivision (b), where Where the State Gaming Agency determines it is reasonably believes that licensure of an individual may pose a threat to gaming integrity or public safetynecessary, the State Gaming Agency may notify the Tribal Gaming Agency of its concerns and request a meeting with the Tribal Gaming Agency is authorized to review the tribal license application, and all materials and information received by the Tribal Gaming Agency in connection therewith, for any person whom the Tribal Gaming Agency has licensed, or proposes to license, as a Gaming Employee. Upon that request, the Tribal Gaming Agency shall meet with If the State Gaming Agency and discuss such application and materials. If after the meeting the State Gaming Agency continues to believe determines that the person would be unsuitable for issuance of a license or permit for a similar level of employment in a gambling establishment subject to the jurisdiction of the State, it shall notify the Tribal Gaming Agency of its that determination and the reasons supporting its determination. The Tribal Gaming Agency shall thereafter conduct a hearing hearing, in accordance with section 6.5.5 tribal law, to reconsider issuance of the tribal gaming license and shall notify the State Gaming Agency of its determination immediately upon issuing its decision following conclusion of after the hearing, which decision shall be final unless the State Gaming Agency requests within thirty (30) days of such notification that the decision be made the subject of dispute resolution pursuant to section 13.0. This subdivision 13.0 within thirty (c30) is intended and anticipated to be exercised infrequently, if at all, on a case-by-case basis. Notwithstanding a determination days of unsuitability by the State Gaming Agency, the Tribal Gaming Agency may, in its discretion, decline to revoke a tribal gaming license issued to a person employed by the Tribe pursuant to subdivisions (e) or (f)such notification.
(d) Except as provided in subdivisions (e) and (f), the Tribe shall not employ, or continue to employ, any person whose application to the State Gaming Agency for a determination of suitability or for a renewal of such a determination has been denied or withdrawn, or whose determination of suitability has expired without renewal.
(e) Notwithstanding subdivisions (b) and (c), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if:
(1) The the person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially;
(2) The the denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability;
(3) The the person is not an employee or agent of any other gaming operation; and
(4) The the person has been in the continuous employ of the Tribe for at least three (3) years prior to June 26, 2000the effective date of the 1999 Compact.
(f1) Notwithstanding subdivisions (b) and (c), the Tribe may employ or retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Gaming Agency, if the person is an enrolled member of the Tribe Tribe, as defined in subdivision (defined for purposes of this subdivision as a person who is a member of the Tribe as determined by the Tribe’s lawe)(2), and if:
if (1A) The enrolled member of the Tribe person holds a valid and current license issued by the Tribal Gaming Agency that must be renewed at least biennially; and
(2) The enrolled member of the Tribe is not an employee or agent of any other gaming operation; and
(3) Either subdivision (f)(3)(A) or (B) applies
(A) The enrolled member was eligible for an exemption under section 6.4.4, subdivision (d) of the 1999 Compact, was granted a license by the Tribal Gaming Agency while the 1999 Compact was in effect, and the State Gaming Agency’s denial of the application is based solely on activities, conduct, or associations that antedate the Tribal Gaming Agency’s first grant of a license to the tribal member pursuant to the 1999 Compact; or
(B) The denial of the application by the State Gaming Agency is based solely on activities, conduct, or associations that antedate by at least ten (10) years, the filing of the enrolled member of the Tribeperson’s initial application to the State Gaming Agency for a determination of suitability.
(g) At any time after five (5) years following the effective date of this Compact, either the Tribal Gaming Agency or the State Gaming Agency may request to amend the position titles identified on the Compact Key Employee Position List.
(h) This section shall not apply to members of the Tribal Gaming Commission.; and
Appears in 2 contracts
Samples: Tribal State Gaming Compact, Tribal State Gaming Compact
