Hearing Procedures for the
Tribal Gaming Commission

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.

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.

T O P I C S   I N C L U D E
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
  • Options that 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
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

Peer Review Process

  • Composing a peer review panel
  • Selecting panel members
  • Terms of service
  • Qualificiations
  • Persons allowed to sit in on a hearing
Review of Commission Decisions
  • Tribal court review
  • Council review
  • Appeals board
  • Compact requirements
  • Scope of review
  • No review
Dispute Resolution
  • Litigation
  • Traditional dispute resolution
  • Weighing the options
Alternative Dispute Resolution
  • Designing a program
  • Resolution options
  • Checklist for an employment arbitration program

*Topics subject to change.

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