You, as the applicant or licensee may be cited for one or more of the below violations, but not limited to:
1. Violates any provision of the Ho-Chunk Nation Gaming Ordinance or any applicable Tribal, State, or Federal regulation(s).
2. Makes any false or misleading statements or omissions in any and all documentation filed with the Ho-Chunk Nation Gaming Commission or in connection with any matter provided for hereunder.
3. Has refused to sufficiently and thoroughly respond to questions offered pursuant to the licensing background requirements.
4. Gives false testimony in any matter provided for hereunder before the Gaming Commission or the Court.
5. Fails to provide satisfactory proof that you are of good character and reputation, and is financially responsible.
6. Fails to adhere to license conditions imposed by the Gaming Commission or Legislature.
7. Fails to adhere to written decisions of the Gaming Commission, Legislature, or Court rendered pursuant to this Ordinance.
8. Has been convicted of, or entered a plea of guilty or no contest to theft, fraud, or deception within the preceding ten (10) years.
9. Any felony conviction within the ten (10) years prior to the application.
10. Any conviction for any gaming-related offense.
11. Any conviction for fraud, misrepresentation, theft, or deception in any form or connection within ten (10) years.
12. A violation of any provision of Chs 562 or 565, Wis. Stats., a rule promulgated by the Wisconsin Division of Gaming, this Ordinance or any other Tribal law regulation or prohibiting gaming.
The Legislature has the sole discretion to approve or deny a resolution for a waiver at the duly convened Legislative Session, taking into consideration whether you have been convicted of, or entered a plea of guilty or no contest to, any of the following offenses, unless you have been pardoned:
1. Any felony conviction within the ten (10) years prior to the application.
2. Any conviction for any gaming-related offense.
3. Any conviction for fraud, misrepresentation, theft, or deception in any form or connection within the ten (10) years prior to the application.
4. A violation of any provision of Chs 562 or 565, Wis. Stats., a rule promulgated by the Wisconsin Division of Gaming, this Ordinance or any other Tribal law regulation or prohibiting gaming. *Chs 562-Regulation of racing and on-track pari-mutuel wagering. *Chs 565-State Lottery.
You may request a waiver from the Legislature at any time, except in the case of owners or controlling persons or persons designated in any management contract as having management responsibility of all or any part of any gaming operations. The Legislature has the sole discretion to approve or deny a resolution for a waiver at the duly convened Legislative Session, taking into consideration whether you have been convicted of, or entered a plea of guilty or no contest to, any of the following offenses, unless you have been pardoned:
1. Any felony conviction within the ten (10) years prior to the application.
2. Any conviction for any gaming-related offense.
3. Any conviction for fraud, misrepresentation, theft, or deception in any form or connection within the ten (10) years prior to the application.
4. A violation of any provision of Chs 562 or 565, Wis. Stats., a rule promulgated by the Wisconsin Division of Gaming, this Ordinance or any other Tribal law regulation or prohibiting gaming. *Chs 562-Regulation of racing and on-track pari-mutuel wagering. *Chs 565-State Lottery.
You may request a waiver from the Legislature at any time, except in the case of owners or controlling persons or persons designated in any management contract as having management responsibility of all or any part of any gaming operations.
Yes, you may request a hearing to the Gaming Commission or Legislature (depending on violation type). The appropriate hearing request application form will be attached to your Denial or Non-Compliance notification, of which will be served upon you. A requested hearing will allow you to have an opportunity to prove your suitability to obtain/hold a gaming license or contest the basis for a proposed fine/penalty. The Gaming Commission or Legislature will make a determination after such hearing. Thereafter, a written decision with executing signatures will be served upon you.
“Separation of employment” terminology used below only refers to employment in positions that require a gaming license.
Per Ho-Chunk Nation Gaming Ordinance, “A license will become inactive upon separation of employment with the Nation.
1. If separation of employment with the Nation is within six (6) months, the returning employee is required to submit an informational update. The Gaming Commission shall review the informational update and determine if the returning employee is still eligible to hold a license.
2. If separation of employment with the Nation is beyond six (6) months, the returning employee is required to apply as a New Hire.”
It would depend on the reason for the denial; each license application is evaluated on a case-by-case basis.
You, with or without legal representation, will have the right to be in attendance and to participate on your own behalf. You may represent yourself in a hearing, but are not required to have an attorney. Neither the Gaming Commission nor Legislature can recommend an attorney for you. If you acquire legal representation, their contact and Ho-Chunk Nation Bar membership information must be disclosed to the Gaming Commission (will be provided to the Legislative Attorney, if required) immediately and prior to your requested hearing; it remains your responsibility to prove your suitability to the Gaming Commission or Legislature.
Black’s Law Dictionary defines “burden of proof” as, “A party’s duty to prove a disputed assertion or charge.” The burden of proof shall be on you, as the applicant or licensee. If you fail to carry that burden, you may lose your case.
No.
No. Gaming Commission hearings are not required to follow Ho-Chunk Nation Court “Rules of Civil Procedure”.
In person at the Ho-Chunk Nation Executive offices (TOB) in Black River Falls, WI. Virtual via WEBEX video conferencing link, of which if selected, will be emailed to all parties prior to hearing.
The appropriate hearing application will be served upon you with other licensing documentation.
Certified mail or by exception, in person, by authorized process server.
No. Ex Parte communication is prohibited. If you have a procedural matter that needs to be addressed prior to the hearing, please contact the Gaming Commission paralegal; contact information can be found on your supplied Hearing Request Application document.
Attendance is mandatory at scheduled Gaming Commission hearings. Pursuant to Section 35 (F) of the Gaming Ordinance, notice must be provided to the Gaming Commission within three (3) business days prior to the scheduled hearing date if you are unable to appear for a hearing. If you fail to attend a Gaming Commission hearing, without proper notification, the Gaming Commission may proceed with the hearing in your absence; furthermore, it is highly likely that you will be denied a license or other licensing action will be taken by the Gaming Commission.
It depends on the issue complexity of which your hearing is based upon. Most hearings are completed in an hour or two at most. If you have a large number of exhibits and/or witnesses, the hearing will take longer. In certain circumstances, the Gaming Commission may ask you to provide more information or documentation before officially concluding the hearing.
The Gaming Commission generally makes their ruling after the hearing, in an “Executive Session”, which is not open to the public. The Gaming Commission will then prepare a written decision with executing signatures. The Decision & Order will be served upon you by certified mail, or by exception, in person via an authorized process server.
The Gaming Commission’s final decision may be appealed to the Ho-Chunk Nation Trial Court, but only if preceded by a Gaming Commission hearing.
Please thoroughly read the supplied “Gaming Commission Hearing Request Information and Application” document, as this document will answer most all of your questions regarding the hearing. It is a formal hearing where evidence/testimony is taken on the record in front of the Gaming Commission and the Gaming Commission’s Attorney. You should be prepared to testify under oathregarding the information such as: criminal history, work history, litigation history, financial history, and other information as deemed appropriate. You may also locate witnesses or additional supporting documents that you believe will support and prove your case.
Please contact the Gaming Commission paralegal for a “Records Request” form; alternately, the form is available for download on the Gaming Commission’s website.
You must fax, deliver in person, or email your dated request for postponement to the Gaming Commission; it must contain the reason for the request. The request must be provided to the Gaming Commission at least within three (3) business days prior to the hearing. The request must establish good cause for your inability to attend the hearing as presently scheduled. You should be prepared to provide supporting documentation if requested. The Gaming Commission will determine whether to grant or deny the postponement of the hearing, you will be notified as soon as possible. Notification will come to you by phone or email.
Please thoroughly read the supplied Hearing Request Information and Application document, as this document will answer most questions regarding submission requirements. Please thoroughly read the section titled, “Hearing document(s) Information & Submission Requirements” as this section specifically details strict timelines and details regarding the type of documents and information to submit in support of your hearing, in advance of the hearing. All parties to the hearing are required to exchange copies of all documents that each intends to enter as an exhibit for the hearing, and must be received by the other party no later than six (6) calendar days prior to the hearing. If applicable, a list of all persons each party intends to call as a witness, must be received by the other party no later than six (6) calendar days prior to the hearing. The witness list must include the witness’s name, position/title, and general reason why they are being called as a witness.
Failure to provide this information on a timely basis, as previously stated in the question above, may result in the exclusion of the document and/or witness. The Gaming Commission will rule on the admissibility and on any objections made.
At the beginning of the hearing, a Gaming Commissioner will give an introduction of all persons in attendance. You should expect to testify under oath. Each party’s exhibits will be presented by the attorney and if without objection, will be entered into the record. The Gaming Commission’s attorney may ask questions regarding documents and/or witnesses. Witnesses if present, will be called and questioned under oath. Each party has the right to question each witness. Commissioners may ask questions at any point in time. At the end of the hearing, each party is permitted to make closing comments and/or ask further questions.
Remember: Gaming Commission hearings are formal proceedings where the Gaming Commission will view and listen to you, and then proceed to make a determination regarding your suitability to obtain/hold a gaming license and/or other proposed penalties/sanctions.
General WebEx information will be shown on your “Notice of Hearing” document, and the WebEx link will be emailed to you no later than six (6) calendar days prior to your hearing. Choosing to appear virtually utilizing Web Ex for Gaming Commission hearings has several benefits, such as making hearings more accessible to persons who may otherwise have to travel to the Gaming Commission's physical hearing location, generally in Black River Falls, WI. However, utilizing Web Ex also presents unique challenges for unprepared persons. Here are some tips to ensure that you are prepared to use Web Ex for your hearing:
Maybe. The type and level of an offense(s)/violation(s) or conviction(s) will determine which jurisdictional body is authorized to hear the subject matter. If you have a combination of offense(s)/violation(s) and/or conviction(s) that individually come under the Gaming Commission and Legislative jurisdictions, you will be required to request and proceed through the Legislative Waiver hearing process before requesting a Gaming Commission hearing; the outcome of the Legislative Waiver hearing (granted or denied waiver) will determine if a Gaming Commission hearing is needed at that point in time, as a denied Legislative Waiver will immediately and entirely eliminate the possibility of obtaining a gaming license at that point in time.
The Gaming Commission will issue a Decision & Order after the hearing, and is required to send the Decision and Order document to you no later than six (6) calendar days after the hearing. This will be sent by certified mail; however, if the Gaming Commission has requested additional information or documentation from you, then the Decision will be made after the date that the information is due to the Gaming Commission.
No. Ex Parte communication is prohibited. If you have a procedural matter that needs to be addressed prior to the hearing, please contact the Legislative Attorney’s office.
No. Only the Gaming Commission can grant a gaming license. The Gaming Commission will make a determination soon after the Legislative Waiver hearing.
No. Only the Gaming Commission can reinstate a gaming license. The Gaming Commission will make a determination soon after the Legislative Waiver hearing.
The Legislative Waiver Hearing Request Information & Application document will be issued or served upon you. The Legislative Waiver Hearing Request Information & Application document may be accompanied by additional licensing documentation, if appropriate for given situation.
Legislative Waiver hearings are generally held at the Ho-Chunk Nation Executive offices (TOB) in Black River Falls, WI.
The Legislators of the Nation, the President, attorneys from the Legislature and Department of Justice, and support staff from each.
Yes, you may make such a request. There is no guarantee that a virtual option be granted.
The Legislative attorney’s office will contact you by mail, phone, or email.
Mail:
Attention Legislature
W9814 Airport Rd
Black River Falls, WI 54615
Phone:
715.284.9343 ext. 11286
Email:
Legislature@ho-chunk.com
Certified mail or by rare exception, in person via an authorized process server.
As soon as the Gaming Commission receives written notification of the Decision from the Legislative Attorney’s office, the waiver decision and (if required) accompanying licensing documentation will be served upon you.
It will be conducted in Executive Session, but consideration of the final decision on a waiver will be done in Open Session.
The decision of the Legislature is final and cannot be appealed to Trial Court.
No. A granted waiver is only specific to applicable offense(s)/violation(s) or conviction(s) presented at the Legislative Waiver hearing, and then only as determined by the Legislature, as per the Legislative Waiver Resolution.
No. A denied waiver shall be upheld for a minimum of two (2) years from the date of the Legislative resolution.
Maybe. The type and level of an offense(s)/violation(s) or conviction(s) will determine which jurisdictional body is authorized to hear the subject matter. If you have a combination of offense(s)/violation(s) and/or conviction(s) that individually come under the Gaming Commission and Legislative jurisdictions, you will be required to request and proceed through the Legislative Waiver hearing process before requesting a Gaming Commission hearing; the outcome of the Legislative Waiver hearing (granted or denied waiver) will determine if a Gaming Commission hearing is needed at that point in time, as a denied Legislative Waiver will immediately and entirely eliminate the possibility of obtaining a gaming license at that point in time.
You must immediately contact and speak directly with the Legislative Attorney or paralegal in the Legislative Attorney Office. A postponement request is under the purview of the Legislature/Legislative Attorney.