Minimum Internal Control Standards; Compliance Oversight Process

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Sec. 21. The Band shall conduct its Class III gaming authorized under this Compact pursuant to an internal control system that implements minimum internal control standards for Class III gaming that are no less stringent than the applicable Minimum Internal Control Standards set forth in this Compact and NIGC regulations. If the Band's Certificate of Self-Regulation is revoked, thereafter the Band shall be required to provide a copy of any amendment to its internal control standards to the Indiana Gaming Commission within thirty (30) days of the effective date of such amendment under Band law. If the Indiana Gaming Commission determines that such standards fail to meet the Minimum Internal Control Standards of this Compact or applicable NIGC regulations, the Indiana Gaming Commission shall within thirty (30) days of receiving such amendments, provide the Band with a written notice that specifically identifies the Band internal control standard at issue and the applicable standard under this Compact or NIGC regulations, and, as warranted, an explanation of the reasons underlying the State's determination. Within thirty (30) days of receiving such notice from the State, the Band shall provide a written response to the State that either: (i) refutes the State's determination; or (ii) identifies proposed amendments to the Band's internal control standards to correct the inconsistency, the timeframe for adopting such amendments, and any proposed interim compliance measures to ensure compliance with this compact and NIGC regulations. The State's right to such Compliance Oversight of the Band's internal control systems shall become effective immediately on the date the Certificate of Self-Regulation is revoked notwithstanding any appeal of such revocation the Band may pursue pursuant to 25 U.S.C. 2714. The State's right to such Compliance Oversight of the Band's internal control system shall cease to be effective immediately on the date that the NIGC re-issues a Certificate of Self-Regulation to the Band. The State retains the right, however, to ensure compliance with this subsection in accordance with section 16 of this chapter regardless of the status of the Band's Certificate of Self-Regulation.

As added by P.L.171-2021, SEC.1.


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