A. Key Employees and Primary Management Officials. If, within a 30-day period after the NIGC receives a report, the NIGC notifies the Commission that it has no objection to the issuance of a license pursuant to a license application filed by a key employee or a primary management official for whom the Commission has provided an application and investigative report to the NIGC, the Commission may issue a license to such applicant. The Commission shall respond to a request for additional information from the Chairman of the NIGC concerning a key employee or a primary management official who is the subject of a report. Such a request shall suspend the 30-day period until the Chairman of the NIGC receives the additional information. If, within the 30-day period described above, the NIGC provides the Commission with a statement itemizing objections to the issuance of a license to a key employee or to a primary management official for whom the Commission has provided an application and investigative report to the NIGC, the Commission shall reconsider the application, taking into account the objections itemized by the NIGC. The Commission shall make the final decision whether to issue a license to such applicant.
B. All Employees, Including Primary Management Officials. If an applicant has completed a license application to the satisfaction of the Commission, and the Commission has conducted a preliminary background investigation, the Commission may issue a temporary license and impose such conditions thereon as it deems appropriate pending completion of the licensing process; provided, that the Commission has no information suggesting the applicant would either be automatically disqualified from obtaining a license or that would cause a reasonable person to investigate further before issuing a license. The Commission may issue a regular license to a person who meets the eligibility standards set out in this chapter after receiving a determination of the applicant’s suitability from the State Gaming Agency. In the event the State Gaming Agency denies an applicant a determination of suitability or refuses to renew a determination of suitability, the Commission shall revoke any temporary license issued to the applicant and deny the applicant a license, except that the Commission shall have discretion to renew a license if the person is an enrolled member of the Tribe or has been continuously employed by the Tribe for at least three years prior to the effective date of the Compact and also meets the following criteria:
1. The person holds a valid and current license issued by the Commission;
2. The person is not an employee or agent of any other gaming operation; and
3. The State Gaming Agency’s denial of the person’s application for a determination of suitability is based solely on activities, conduct or associations that antedate the filing of the person’s initial application to the State Gaming Agency for a determination of suitability.
C. The Commission shall be responsible for issuing licenses and for delivering them, by certified mail, return receipt requested, or in person, to applicants once they are issued. [Amended 4/12/04; Ord. 08-03 Art. IX § 13, approved 11/8/03.]