5-602. Gaming certification and enforcement;
powers; duties; deputy director
A. The department of gaming shall certify, as provided in tribal-state compacts,
prospective gaming employees, facility support employees, tribal gaming office employees,
financiers, management contractors, providers of gaming services and manufacturers and
distributors of gaming devices to ensure that unsuitable individuals or companies are not
involved in Indian gaming permitted under the tribal-state compacts. In carrying out the
duties prescribed in this section, the department shall seek to promote the public
welfare and public safety and shall seek to prevent corrupt influences from infiltrating
Indian gaming.
B. Certification pursuant to this chapter is a privilege and not a right.
C. The department of gaming shall execute the duties of this state under the
tribal-state compacts in a manner that is consistent with this state's desire to have
extensive, thorough and fair regulation of Indian gaming permitted under the tribal-state
compacts.
D. The department of gaming shall establish a certification and enforcement unit
charged with the investigative duties relevant to tribal-state compacts, including
applications for certification, investigations and enforcement, and such other duties as
the director of the department of gaming prescribes.
E. To determine the suitability of prospective applicants for any tribal gaming
license or state certification, each applicant shall furnish a full set of fingerprints
and such fingerprints shall be submitted to the department of public safety for a
criminal records check. Each applicant's fingerprints shall also be submitted by the
department of public safety to the federal bureau of investigation for a federal criminal
records check. The department of gaming is authorized to receive criminal records
information from the department of public safety and from the federal bureau of
investigation for the purpose of evaluating the fitness of applicants for any tribal
gaming license, state certification or renewal.
F. Hearings shall be conducted pursuant to title 41, chapter 6, article 10. Except
as provided in section 41-1092.08, subsection H, any party who is aggrieved by a final
order or decision of the director of the department of gaming may seek judicial review
pursuant to title 12, chapter 7, article 6.
G. The director of the department of gaming may issue subpoenas for the attendance
of witnesses and the production of books, records and documents necessary for the
enforcement of this article and the tribal-state compacts. These subpoenas shall be
served and enforced in a manner consistent with title 41, chapter 6, article 10.
H. The director of the department of gaming may establish the position of deputy
director of the department of gaming. The deputy director of the department of gaming
position is exempt from title 41, chapter 4, articles 5 and 6. Persons holding the
position of deputy director of the department of gaming are eligible to receive
compensation pursuant to section 38-611.
I. The director of the department of gaming may enter into a contract or agreement
with any public agency for any joint and cooperative action as provided in title 11,
chapter 7, article 3.
J. The department of gaming may investigate violations of section 13-3306 that
occur on non-Indian lands in this state and may cooperate with appropriate law
enforcement authorities and prosecutorial agencies in the investigation and prosecution
of these violations.
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