Other Fields
Agency Scheme: 
NIGCGREG0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Commission
Name of Hearing Office (global name): 
National Indian Gaming Commission: Commission
Hearing Officer #1 (Title): 
Commission Members
Hearing Officer #2 (Title): 
Presiding Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Adjudication of various administrative and enforcement actions by NIGC relating to regulation of gaming activities of Indian tribes under the Indian Gaming Regulatory Act. Most administrative matters (e.g., disapproval of gaming ordinance or management contract) are heard by Commission through "summary proceedings" based on written record only, while other matters, including enforcement actions, may be be heard on the written record or through evidentiary hearing at the election of the private party challenging the agency's initial decision at issue. (See 25 CFR Parts 580-585).

*NOTE: While NIGC regulations require evidentiary hearings to be conducted by a "Presiding Officer", they do not otherwise specify such person other than to note that he/she "shall not be under the direct control or supervision of the Commission, not subject to influence by the Chair or the Commission." (25 CFR 580.1).

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Attorney
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Regulations/rules of practice for hearings (please include CFR citations): 
25 CFR Parts 580-585
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
No
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
By Private Party
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
For summary proceedings or other matters in which the private party elects to proceed by written submissions only, the 3-member Commission conduct a written (document-only) hearing. For other matters, the presiding officer conducts the evidentiary hearing and issues a recommended decision to the Commission.
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
For evidentiary hearings conducted by the presiding officer, witness testimony is permitted. Otherwise, not applicable for "paper" hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
For evidentiary hearings conducted by the presiding officer, cross-examination of witnesses is permitted. Otherwise, not applicable for "paper" hearings.
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
For in-person hearings, hearings are presumed open (but may be closed under certain conditions). This question is not applicable to document-only "paper" hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Other
If "Other," please specify (drafts): 
For summary proceedings, the Commission conducts the "paper" hearing and issues a final decision. For evidentiary hearings, the presiding officer conducts the hearing and issues findings and a recommended decision to the Commission, which then issues the final decision.
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
With the exception of temporary closure cases, final decisions must be issued within 90 days of specified case-related event (e.g., filing of last brief, conclusion of hearing, closure of evidentiary record). Decisions on temporary closure orders are due 30 days after the specified case-related event.
Is judicial review available after issuance of a final decision?: 
Yes (Some Types of Cases)
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
Yes (Some Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
25 CFR 584.8(c)
ADJUDICATORS
Total # of Hearing Officers: 
3
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified