Hearing Procedures
for the Tribal Gaming Commission
Gaming
With Congress and the courts growing
anxious about fair treatment of
tribal casino employees and frequent customer
disputes about casino payouts, you
need to know how to conduct fair hearings
on employee grievances, customer disputes
and vendor appeals. Gaming commission
hearings must be organized and impartial.
From federal and tribal requirements to
hearing transcripts, this comprehensive
class was designed to provide gaming commission
board members with the tools that
they need to ensure fairness for tribal employees
and casino patrons.
Learn how to conduct a hearing that is
above reproach. Understanding the roles
and authority of the gaming commission,
casino management and employees is essential
to promoting more effective interactions.
Whether you’re an experienced regulator
or a newcomer, you’ll emerge from this
class better prepared to address the complex
and challenging arena of Indian gaming
regulations.
*Instructor subject to change.
Topics that will be covered include:
Casino Employees
- Factors affecting grievances
and appeals
- Conditions that give an
employee the right to file a
grievance
- Tribal gaming commission and ordinances
- Suspending the license of a key employee
Casino Patrons
- Patron appeals in a tribal casino
- Situations when a patron will appeal
- When the tribal court gets involved
- Requirements for resolving disputes between the public and the tribe
Gaming Commission — Legal Requirements Concerning Hearings and Appeals
- Sovereignty
- Jurisdiction
- Regulatory adjudication
- Role of the courts
- IGRA statutes and regulations
- Relevant case law
- Compacts
- Gaming ordinances
- Source of delegation within the commission’s authority
- Dictating the nature and scope of due process
- What options are available?
Employment Law Primer
- Gaming commission independence and hiring/firing issues
- Must the commission follow federal employment laws?
- Can the commission regulate a casino’s hiring practices?
- Regulators and the employee licensing process
Nuts and Bolts of a Typical
Hearing
- Rules for conducting hearings
- Tips for successful hearings
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Tribal Court Model
- Shared courts and judges
- Tribal courts
- Courts of special subject matter jurisdiction
- Functions of today’s tribal courts
- Relationship to the tribal government
- Appeals
Fair Hearings
- Elements of a fair hearing
- Opportunity to be heard
- Neutral adjudicators
- Notice
- Rules and regulations
- The charge
- Evidence
- Pre-hearing disclosure
- Compelling witnesses to testify
- Public vs. private proceedings
- Keeping a record of the proceedings
Employees, Vendors and
Patrons
- A template for effective
hearings
- Similarities and differences
- Jurisdiction
Dispute Resolution
- Litigation
- Traditional dispute resolution
- Weighing the options
Alternative Dispute Resolution
- Designing a program
- Resolution options
- Checklist for an employment arbitration program
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