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What is jurisdictional authority for the CNOGC administrative hearings?
Title 3, Chickasaw Nation Code provides jurisdiction for CNOGC to establish and implement regulations and an administrative hearings tribunal to hear and determine matters properly before it. Pursuant thereto, CNOGC has created and implemented the
CNOGC Gaming Regulations including Title 5 therein,
Administrative Hearings.
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What regulatory matters does CNOGC hear and determine?
Licensing eligibility, patron self-exclusions, facility bars, patron prize claims, patron tort claims and other enforcement claims arising within a Nation gaming facility.
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Does CNOGC have jurisdiction to hear and determine workers' compensation matters?
No.
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How is a claim or matter initiated for hearing with CNOGC?
Some matters are automatically set for hearing. A CNOGC claim or matter for hearing may be filed in person or by mail at CNOGC, 1500 N. Country Club Road, Ada, OK 74820.
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When and where does CNOGC conduct its administrative hearings?
Unless otherwise ordered, hearings generally take place the first Wednesday each month at the Chickasaw Nation Judicial Department courtroom, 821 N. Mississippi, Ada, Oklahoma.
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What can I expect if I have a claim or issue before the CNOGC?
All hearings are administrative with full due process including notice and opportunity for a fair hearing. A court reporter is generally present at hearings where witnesses are sworn, exhibits, surveillance film footage, medical records and other evidentiary materials are admitted and kept in the CNOGC case record. A party will generally be given wide latitude in presenting his or her case in order that due process rights are fully taken into consideration.
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How will I receive information on CNOGC hearing matters that affect me?
The commissioner is ultimately responsible for rules and procedures. However, considering due process and impartial final decisions in all matters filed for determination with CNOGC, the administrative hearings coordinator manages all aspects of a hearing matter including receipt of, filing and preserving all pleadings and records delivered to CNOGC for hearing purposes. The coordinator provides regular communication and information to parties and attorneys including docket calendar, notices and commissioner orders to parties and attorneys where required and appropriate.
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What information is available to help guide me through CNOGC hearing matters?
- Prize Claim Forms and Pamphlet
- Tort Claim Forms and Pamphlet
- Title 5 of CNOGC Regulations.
These forms are readily available at all Chickasaw Nation gaming facilities as well as all
CNOGC Offices.
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If I have further questions, whom should I contact?
Administrative hearings coordinator or designee at (580) 310-0570*
*All phone calls may be monitored and appropriate action taken if of a threatening nature.
The coordinator and CNOGC administrative hearings staff will always work to be courteous with all persons in any matter.
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What is your game approval process?
The CNOGC licensed direct game provider must submit a letter of request, independent test lab report and all other applicable documentation to the Chickasaw Nation Department of Commerce (CNDC), Office of Vendor Relations. If CNDC approves, it will submit a completed Request for Approval (RFA) to CNOGC for regulatory determination.
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What is a Change Management Request (CMR)?
A CMR is utilized when changes are needed on the gaming floor. They are categorized as one of the following:
- Request for Change (RFC)
- Emergency Request for Change (ERFC)
- Notice of Maintenance (NOM)
These documents are available upon request at Chickasaw Nation gaming facilities and
CNOGC offices.
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When do I need to submit an RFC/ERFC/NOM?
RFC forms are submitted for changes that require approval from facility operations and CNOGC prior to performing the work. ERFC forms are submitted for the same type of approvals but are classified as emergencies that need a faster response. NOM forms are submitted as a notice for specified changes listed within the Change Management Standards approved by CNOGC.
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Whom do I call if something happens after 5 p.m. or on weekends?
CNOGC distributes an on call list to each gaming facility. This allows facility operations to contact CNOGC for after-hours emergencies relating to electronic games and associated equipment.
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How long are RFCs/ERFCs/NOMs valid? Is this calendar days?
A Change Management Request (CMR) is good for five calendar days from the date requested and approved, as long as all of the information submitted is still correct.
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How long are remote access RFC/NOMs valid?
Remote access request/notifications are good only for the time requested. They should be resubmitted if outside of the time allowed, because an exact time must be specified, as well as the individual who is remoting in.
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Whom do I send the RFC/ERFC/NOMs to?
Change management forms contain the contact information for who needs to receive the one you use.
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Can multiple facilities be listed on the same form?
Yes. The work being performed and date must be the same on the request.
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What needs to be done for a continuation?
If the Request for Change (RFC)/Emergency Request for Change (ERFC)/Notice of Maintenance (NOM) is within the five-day period, for a continuation send an updated seal break request with the correct facility and vendor technicians listed and include the updated time and date. If any information on the requests needs to be revised, an amendment must be submitted.
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How do I submit for a seal break request?
The licensed vendor technician will need to communicate to the facility that they have submitted an RFC that requires a seal break to access the logic area of the game. At that point, the facility will submit the seal break notification to CNOGC, on behalf of the vendor, for review.
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Why does the application require so much information?
Pursuant to tribal, federal and state regulations, CNOGC must conduct background investigations and maintain information on all applicants, which includes, but is not limited to:
- Criminal history
- Honesty
- Relationships and associations
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What does CNOGC do with this information?
All information is used to make an informed and objective decision on the suitability of an applicant to work in a specific position within or related to a gaming facility.
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What if I refuse to provide the information requested?
Failure to provide true, complete and accurate information may result in the denial, suspension or revocation of a license/permit.
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If I have a criminal record, felony or misdemeanor, can I still be licensed/permitted?
This would be determined on a case-by-case basis. You will be required to provide court documents.
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If a gaming license has been denied by another gaming regulatory agency, can I still be licensed by the CNOGC?
This depends on the reason for denial; each situation would be determined on a case-by-case basis.
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If my employment is terminated, is my license suspended?
Yes.
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If I am terminated and my license/permit is suspended, and I am rehired, do I have to go through the entire process again?
Yes.
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What happens if my license/permit is denied, suspended or revoked?
You will not be allowed to access any CNOGC licensed gaming facility or gaming related position until reinstated. Anyone who has been denied, revoked or suspended may request a hearing with CNOGC. If reinstated, the license/permit may be subject to conditional requirements.
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If I have been denied a gaming license/permit by CNOGC, when can I reapply?
No person can be licensed/permitted absent an employment agreement. Generally, CNOGC will not approve a reapplication for six months from the date of denial notwithstanding an employment agreement.
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What happens if I self-exclude and visit a gaming facility?
If you are discovered at a gaming facility, you will be asked to leave. If you refuse, you may be arrested for trespassing. In addition, all your pays and plays you may be owed as a result of gaming activity, which includes all money placed into a game or exchanged for chips, shall be subject to forfeiture.
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Can I claim any monies that are forfeited due to my self-exclusion?
You may seek to recover forfeited funds pursuant to CNOGC Regulations by filing a notice of prize claim with CNOGC within 10 days from the date the claim arose. Upon receipt of a Prize Claim, CNOGC shall issue a notice and scheduling order for hearing to the prize claimant, game vendor, if any, and gaming facility. Prize claim forms are available at the facility or can be mailed to the claimant by contacting the CNOGC at (580) 310-0570.
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Can I place a family member, friend or spouse on the self-exclusion list?
An individual generally cannot request to place another on the self-exclusion list. Placement on the list is entirely voluntary and must be done by the individual seeking self-exclusion. However, a guardian over the person of another under court appointment may seek a self-exclusion on behalf of another person.
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Can I still attend the concerts, restaurants, etc. at the gaming facility if I self-exclude?
No. You will be barred from entering Chickasaw Nation gaming facilities for any purpose, including, but not limited to, dining or entertainment, if the entry has access to a facility floor where games may be located. You are allowed to enter and do business with Chickasaw Travel Stop stores, hotels, RV parks, golf courses or other Chickasaw Nation businesses and facilities whose primary function is not gaming. However, you are not allowed to participate in any onsite gaming or promotional activities.
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Can I be in the self-exclusion program and be employed within the Chickasaw Nation gaming facilities?
Yes. CNOGC has a self-exclusion program specifically designed for employees. Please call the administrative hearings coordinator or designee at (580) 310-0570 for more information.
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Can I request to be removed from the self-exclusion program?
A voluntary self-excluded individual may contact CNOGC and complete an application to modify a self-exclusion order. Once the application is received, it will be reviewed and determined if appropriate for hearing eligibility. If the application is determined as eligible for hearing, the individual will be sent via certified mail a notice of hearing for consideration of a modification of term length. All self-excluded individuals are barred from Chickasaw Nation gaming facilities until a modified written order is issued by CNOGC.
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How does the self-exclusion program work?
An individual can voluntarily request to be excluded from all gaming facilities located within the jurisdiction of the Chickasaw Nation by signing a self-exclusion form. By completing and signing this form, the individual agrees to a selected term limit of one, three or five years for placement on a confidential self-exclusion list.
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How do I get a self-exclusion form?
Each gaming facility and CNOGC office is able to provide the voluntary self-exclusion form and assist in completion. Once the form is completed, it is submitted to the CNOGC main office for processing and approval. Upon approval, the applicant will receive a letter from CNOGC reaffirming the term with a current list of Chickasaw Nation operated gaming facilities.
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If I enroll, will I be excluded from all licensed gaming facilities within the Chickasaw Nation?
Yes. Upon approval of your request, a current list of licensed gaming facilities will be mailed to you. In addition, you may enroll into a statewide self-exclusion program provided by the Oklahoma Association for Problem and Compulsive Gambling (OAPCG).
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My partner/family member has self-excluded, but continues to visit a gaming facility. What can I do?
You may call the gaming facility where your partner/family member is gaming and notify management. Management will make a best effort to exclude the individual under the terms of their agreement.