13-13-106. REPORT TO THE NATIONAL INDIAN GAMING COMMISSION.

  1. The Tribal Gaming Commission shall prepare and forward a report on each background investigation to the National Indian Gaming Commission. An investigative report shall include all of the following:
    1. Steps taken in conducting a background investigation;
    2. Results obtained;
    3. Conclusions reached; and
    4. The basis for those conclusions.
  2. The Commission shall forward the completed investigative reports to the National Indian Gaming Commission within sixty (60) days after an employee begins work or within sixty (60) days of the approval of this Ordinance by the Chairman of the National Indian Gaming Commission.
  3. The Commission shall submit, with the investigative report, a copy of the eligibility determination, unless the NIGC shall have advised the Tribe that the submission of the eligibility determination is not necessary. This determination shall include a Statement describing how the information submitted by the applicant was verified; a Statement of results following an inquiry into the applicant’s prior activities, criminal record, if any, and reputation, habits and associations; a Statement showing the results of interviews of a sufficient number of knowledgeable people (such as former employers, personal references, and others referred to by the applicant) in order to provide basis for the Tribe to make a finding concerning the eligibility for employment in a gaming operation; and a Statement documenting the disposition of all potential problem areas noted and disqualifying information obtained.
  4. If a license is not issued to an applicant, the Tribal Gaming Commission:
    1. Shall notify the NIGC; and
    2. Shall forward copies of its eligibility determination and investigative report (if any) to the NOGC for inclusion in the Indian Gaming Individuals Records System.
  5. With respect to all employees, and in particular Key Employees and primary management officials, the Tribal Gaming Commission shall retain applications for employment and reports (if any) of background investigations for inspection by the Chairman of the NIGC or his or her designee for no less than three (3) years from the date of termination of employment.
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