The Gaming Agency shall require each prospective primary management official, key employee or work permit employee to submit a sworn application to the Gaming Agency on the forms and in the manner required by the Gaming Agency. The application shall include, at a minimum, the forms, information, and other requirements described hereunder.
A. 
Application form. The application form shall require, at a minimum, the applicant to provide the Gaming Agency with the following information:
(1) 
Full name, other names used (oral or written), social security number(s), birth date, place of birth, citizenship, gender and all languages (spoken or written).
(2) 
Currently and for the previous ten (10) years:
(a) 
Business and employment positions held;
(b) 
Ownership interests in those businesses;
(c) 
Business and residence addresses; and
(d) 
Driver's license numbers, including issuing state.
(3) 
The names and current addresses of at least three personal references, including one personal reference who was acquainted with the applicant during each period of residence listed under Subsection A(2) of this section.
(4) 
Current business and residence telephone numbers.
(5) 
A description of any existing and previous business relationships with other tribes, including any ownership interests in those businesses.
(6) 
A description of any existing and previous business relationships with the gaming industry generally, including ownership interests in those businesses.
B. 
Application form notices. The notices set forth below shall be placed on the front of every application so that the applicant will read the notices prior to filling out the application form.
Privacy Act Notice
In compliance with the Privacy Act of 1974, the following information is provided: Solicitation of the information on this form is authorized by 25 U.S.C. § 2701 et seq. The purpose of the requested information is to determine the eligibility of individuals to be granted a gaming license. The information will be used by the tribal gaming regulatory authorities and by the National Indian Gaming Commission members and staff who have need for the information in the performance of their official duties. The information may be disclosed by the Tribe or the NIGC to appropriate federal, tribal, state, local or foreign law enforcement and regulatory agencies when relevant to civil, criminal or regulatory investigations, prosecutions or when pursuant to a requirement by a tribe or the National Indian Gaming Commission in issuance, denial or revocation of a gaming license or investigations of activities while associated with a tribe or a gaming operation. Failure to consent to the disclosures indicated in this notice will result in a tribe being unable to license you for a primary management official or key employee position.
The disclosure of your social security number (SSN) is voluntary. However, failure to supply an SSN may result in errors in processing your application.
False Statements Notice
A false statement on any part of your license application may be grounds for denying a license or the suspension or revocation of a license. Also, you may be punished by fine or imprisonment (U.S. Code, Title 18, Section 1001).
C. 
Application form authorizations and acknowledgements. Every application form shall require the applicant to sign the following authorization and acknowledgement:
(1) 
Authorization permitting the Gaming Agency to investigate the applicant's background, including his criminal and civil records, credit and financial history, business relationships and activities, records of all previous license applications, and tax records.
(2) 
A signed acknowledgement that the applicant consents to the personal jurisdiction of the Tribe, the Gaming Agency and Commission and the Tribal Court and that the applicant waives all available defenses against such jurisdiction.
D. 
Personal history disclosure. The personal history disclosure shall require, at a minimum, the following information:
(1) 
The name and address of any licensing or regulatory agency with which the person has filed an application for a license or permit related to gaming, the current status of the application, and whether or not such license or permit was granted;
(2) 
A list of all felony charges and dispositions against the applicant, if any; and for each felony for which there is ongoing prosecution or a conviction, the charge, the name and address of the court involved, and the date and disposition (if any), including identification of any conviction or plea of guilty or no contest to any offense, to include gambling-related offense, fraud or misrepresentation at any time;
(3) 
A list of all misdemeanor charges and dispositions against the applicant, if any (excluding traffic charges for which incarceration was not a possible punishment, referred to hereunder as minor traffic charges); and for each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor traffic charges), the name and address of the court involved and the date and disposition, including identification of any conviction or plea of guilty or no contest to a gambling-related offense, fraud or misrepresentation at any time;
(4) 
For each criminal charge (excluding minor traffic charges), whether or not there is a conviction, the criminal charge, the name and address of the court involved, and the date and disposition; and
(5) 
The name and address of any licensing or regulatory agency with which the person has filed an application for a business or occupational license or permit, whether or not such license or permit was granted.
E. 
Current photographs. The applicant shall submit with the application one current photograph of the applicant's face of such quality and size as the Gaming Agency shall require.
F. 
Personal financial questionnaire. The personal financial questionnaire shall include a statement of assets and liabilities and shall include, at a minimum, the following information:
(1) 
A list of all professional or business licenses the applicant has applied for, whether or not those licenses where granted, and the name, address and phone number of the regulatory agency involved.
(2) 
The personal financial questionnaire shall also include a sworn statement to be signed by the applicant stating that neither the applicant nor any member of his immediate family has a past or current financial interest, other than a salary interest, in any gaming-related activity or business anywhere. If the applicant has any relative who has such a relationship, the applicant shall fully disclose his name and the nature of the relationship.
G. 
Fingerprint cards. All applicants for a gaming employee license shall submit one original fingerprint card (via Livescan), which shall be processed in accordance with the regulations. The Gaming Agency is hereby designated as the tribal agency authorized to take the fingerprints of key employees and primary management officials. The Gaming Agency may also require one or more additional fingerprint cards, which the Gaming Agency may submit to be processed by any tribal, local or state agency's criminal history check system, as the Gaming Agency deems necessary.
H. 
Other information. The applicant shall complete any other forms and disclose and submit any and all other information required by Commission regulations or reasonably requested by the Gaming Agency.
I. 
Application fees and costs. The applicant shall pay all fees and costs (if) required by the Gaming Agency to process the applicant's license application.
The burden of proof to establish eligibility to obtain or maintain an employee gaming license shall be by clear and convincing evidence, which burden shall be upon the applicant or licensee, as the case may be.
A. 
The Gaming Agency shall conduct, or cause to be conducted, an investigation sufficient to make the determinations required under § 8.5-60. The background investigation shall include a check of criminal history records information maintained by the Federal Bureau of Investigations. In conducting background investigations, the Gaming Agency shall seek to ensure that gaming operations shall not employ persons whose prior activities, or reputation, habits and associations, pose a threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair or illegal practices and methods and activities in the conduct of such gaming. Such investigations shall be conducted according to requirements at least as stringent as those set forth at 25 CFR Parts 556 and 558, the Compact and this Article VII. The Gaming Agency, its investigators, and the Commission shall keep confidential the identity of each person interviewed in the course of conducting a background investigation. The Gaming Agency shall establish procedures to protect confidential information generated by the investigation or submitted by the applicants from any unauthorized disclosure. The background investigation shall, at a minimum, consist of at least the following:
(1) 
Verify the applicant's identity through primary sources, such as government-issued identification and other documents, including, without limitation, social security cards, driver's licenses, birth certificates, or passports;
(2) 
Contact each reference provided in the license application and, when warranted, contact other references and sources identified in the application in order to verify and supplement the information submitted by the applicant/licensee and to resolve any discrepancies encountered through the background investigation;
(3) 
Review the applicant's credit history and, when the applicant is a primary management official or when otherwise warranted, verify the financial information provided by the applicant by contacting financial institutions and other sources;
(4) 
Conduct a civil history check;
(5) 
Conduct a criminal history check through the submission of the applicant's fingerprints to the NIGC and by obtaining information from law enforcement agencies and courts in the jurisdictions where the applicant has resided, regarding all felony convictions during the applicant's lifetime and misdemeanor convictions and criminal charges;
(6) 
Inquire into the applicant's previous or existing business relationships; and
(7) 
Verify and evaluate the applicant's history and status with other licensing agencies.
B. 
The investigator shall create an investigative report that describes the investigative process, information gained, potential problem areas, and any disqualifying information. The Gaming Agency and Commission shall keep confidential the identity of each person interviewed in the course of the investigation, except as permitted under applicable federal or tribal law or the Compact.
The Gaming Agency shall not grant a license to any applicant for a gaming employee license who:
A. 
Is a member of the Tribal Council, a Tribal Judge or a tribal law enforcement officer;
B. 
Is under the age of 18;
C. 
Has been convicted of or entered a plea of guilty or no contest to a gambling-related offense, fraud or misrepresentation;
D. 
Has within the immediately preceding five (5) years been convicted of or entered a plea of guilty or no contest to any offense not specified in Subsection C, provided that this provision shall not apply if the applicant has been pardoned by the governor of the state where the conviction occurred or, if the applicant is a tribal member, the applicant has been determined to be a person who is not likely again to engage in any offensive or criminal course of conduct and the public good does not require that the applicant be denied a gaming employee license;
E. 
Is determined to have participated in organized crime or unlawful gambling or whose prior activities, criminal records (including a pattern of convictions), reputation, habits and/or associations pose a threat to the public interest or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of gaming or to the carrying on of the business and financial arrangements incidental to the conduct of gaming; or
F. 
Has knowingly and willfully provided materially false and misleading statements or information to the Gaming Agency or the Commission or refused to respond to questions material to the suitability determination that have been asked by the Gaming Agency or the Commission.
G. 
For purposes of Subsection D, the term "any offense" shall mean any criminal offense not described in Subsection C, whether committed in Michigan or any other jurisdiction, that is, or would be, a crime under the provisions of the Michigan Penal Code, Act No. 328 of the Public Acts of 1931, as amended, being MCLA §§ 750.1 to 750.568, or the controlled substance provisions of the Public Health Code, Act No. 368 of the Public Acts of 1978, as amended, being MCLA §§ 333.7101 to 333.7545, or any other criminal offense not specified in Subsection C involving theft, dishonesty, fraud or misrepresentation arising under the law of Michigan or another state or jurisdiction, that was committed as an adult or prosecuted as an adult offense, and which has not been effectively removed from the employee's criminal record by executive pardon, state court order or operation of law.
H. 
For purposes of Subsection C, the term "fraud or misrepresentation" shall mean a criminal offense committed in Michigan or any other jurisdiction involving theft, fraud or misrepresentation, which is a felony or would be a felony if committed in Michigan, and which was committed as an adult or prosecuted as an adult offense, and which has not been effectively removed from the employee's criminal record by executive pardon, state court order or operation of law.
A. 
Issuance of a temporary license. If the Gaming Agency verifies that the applicant has completed all required application requirements set forth in § 8.5-57, the Gaming Agency may, in its sole discretion, issue a temporary license pending the satisfactory completion of all background investigations, provided that the Gaming Agency:
(1) 
Makes a preliminary determination based on the information provided in the application and any other information the Gaming Agency obtains concerning the applicant that, under the licensing standards set forth in § 8.5-60 and as otherwise provided under applicable law or the Compact, granting the temporary license would not pose a threat to the public interest or to the effective regulation of gaming and would not create or enhance the dangers of unsuitable, unfair or illegal practices and methods and activities in the conduct of gaming; and
(2) 
Has submitted the completed application and fingerprint card to the NIGC along with all other information required under NIGC regulations.
B. 
Period a temporary license may remain valid. The temporary license may be valid for such period of time as the Gaming Agency may determine in its sole discretion, but in no event shall it be valid for more than ninety (90) days from the date of issuance.
C. 
Conditions regarding temporary license. An applicant may commence employment under a temporary license; however, upon the occurrence of any of the following, such employment shall terminate immediately, and the temporary license shall be summarily revoked pending any hearing requested by the applicant, as provided under this chapter:
(1) 
Denial of a license by the Gaming Agency upon receipt of any information indicating that the applicant does not meet the standards for a license set forth in § 8.5-60;
(2) 
Receipt of objections by the NIGC (subject to review by the Commission) to the issuance of a license;
(3) 
The failure by the Gaming Agency to complete the background investigation described in § 8.5-59 and submit to the NIGC within 60 days of the date it issues a temporary license the investigative report and preliminary determination of eligibility made under § 8.5-61; or
(4) 
A violation of any other condition the Gaming Agency or the Commission may place on temporary licenses in general pursuant to this chapter or on a particular temporary license.
A. 
Within fifteen (15) days following the completion of the background investigation described in § 8.5-59 but not more than fifty (50) days from the date it issues a temporary license, the Gaming Agency shall review the application, the investigative reports and any objections to the issuance of a license and additional information regarding the applicant that the Gaming Agency may receive from the NIGC and shall make a preliminary determination of eligibility under the standards set forth in § 8.5-60.
B. 
If the Gaming Agency determines that the applicant qualifies for the issuance of a license without any conditions, the Gaming Agency may approve the application on a preliminary basis and may, in its further discretion, issue a temporary license to the applicant if it has not already done so.
C. 
If the Gaming Agency determines that an applicant does not, or may not, qualify for the issuance of a license or may qualify for a license only with certain conditions, the Gaming Agency shall notify the applicant that the Gaming Agency intends to deny the application or will only consider approving the license with conditions, as the case may be. Upon the applicant's request, the Gaming Agency shall schedule a hearing in accordance with the procedures described in Article X. If following such hearing the Commission determines that the applicant qualifies for the issuance of a license, the Commission may approve the application on a preliminary basis, with or without conditions, and may, in its further discretion, issue a temporary license to the applicant, if it has not already done so.
D. 
If the applicant is a tribal member and the applicant's criminal history reveals that the applicant was convicted of or entered a plea of guilty or no contest to any offense within the preceding five years, the Commission may, upon the applicant's request, hold a hearing to determine whether such applicant is not likely again to engage in any offensive or criminal course of conduct and the public good does not require that the applicant be denied a gaming employee license. In such case, the Commission will notify the applicant that he must appear for a suitability determination hearing before the Commission. The hearing shall be held in accordance with the procedures described in Article X. If following such hearing the Commission determines that the applicant qualifies for the issuance of a license, the Commission may approve the issuance of a conditional license.
E. 
Investigative reports.
(1) 
The Gaming Agency shall create and maintain an investigation report for reach background investigation of a primary management official or key employee.
(2) 
The investigation reports shall include, at a minimum, the following:
(a) 
Steps taken in conducting a background investigation;
(b) 
Results obtained;
(c) 
Conclusions reached; and
(d) 
The basis for those conclusions.
A. 
Before a license is issued to a primary management official or key employee, the Executive Director or his/her designee shall make a finding concerning the eligibility of that person for receiving a gaming license by reviewing the applicant's prior activities, criminal record, if any, and reputation, habits and associations.
B. 
If the Executive Director or his/her designee, in applying the standards adopted in this chapter, determines that licensing the person poses a threat to the public interest or to the effective regulation of gaming, or creates or enhances the dangers of unsuitable, unfair or illegal practices, methods and/or activities in the conduct of gaming, he or she shall not license that person in a key employee or primary management official position.
C. 
Copies of the eligibility determination shall be included with the notice of results that must be submitted to the NIGC before the licensing of a primary management official or key employee.
A. 
Before issuing a license to a primary management official or key employee, the Gaming Agency shall prepare a notice of results of the applicant's background investigation to submit to the NIGC.
B. 
The notice of results must be submitted to the NIGC no later than sixty (60) days after the applicant begins working for the gaming enterprise.
C. 
The notice of results shall include the following information:
(1) 
The applicant's name, date of birth and social security number;
(2) 
The date on which the applicant began, or will begin, working as a primary management official or key employee;
(3) 
A summary of the information presented in the investigative report, including:
(a) 
Licenses that have previously been denied;
(b) 
Gaming licenses that have been revoked, even if subsequently reinstated;
(c) 
Every known criminal charge brought against the applicant within the last ten (10) years of the date of the application; and
(d) 
Every felony offense of which the applicant has been convicted or any ongoing prosecution; and
(4) 
A copy of the eligibility determination made in accordance with § 8.5-63.
A. 
All primary management officials and key employees of the gaming establishment must have a gaming license issued by the Gaming Agency.
B. 
The Gaming Agency is responsible for granting and issuing gaming licenses to primary management officials and key employees.
C. 
The Gaming Agency may license a primary management official or key employee applicant after submitting a notice of results of the applicant's background investigation to the NIGC, as required by § 8.5-63.1.
D. 
The Gaming Agency shall notify the NIGC of the issuance of a license to a primary management official or key employee within thirty (30) days of issuance.
E. 
The gaming establishment shall not employ an individual in a primary management official or key employee position who does not have a license after ninety (90) days of beginning work at the gaming operation.
F. 
The Gaming Agency must reconsider a license application for a primary management official or key employee if it receives a statement of itemized objections to issuing such a license from the NIGC, and those objections are received within thirty (30) days of the NIGC receiving a notice of results of the applicant's background investigation.
G. 
The Gaming Agency shall take the NIGC's objections into account when reconsidering a license application.
H. 
The Gaming Agency will make the final decision whether to issue a license to an applicant for a primary management official or key employee position.
I. 
If the Gaming Agency has issued a license to a primary management official or key employee before receiving the NIGC's statement of objections, the Gaming Agency shall provide notice to the Gaming Commission, which shall provide such licensee notice and a hearing, under the procedures described in Article X.
A. 
The tribal Gaming Agency shall not license a primary management official or key employee if an authorized tribal official determines, in applying the standards in § 8.5-60 for making a license eligibility determination, that licensing the person:
(1) 
Poses a threat to the public interest;
(2) 
Poses a threat to the effective regulation of gaming; or
(3) 
Creates or enhances the dangers of unsuitable, unfair or illegal practices, methods and/or activities in the conduct of gaming.
B. 
When the Gaming Agency does not issue a license to an applicant for a primary management official or key employee position, or revokes a previously issued license after reconsideration, it shall:
(1) 
Notify the NIGC;
(2) 
Forward copies of its eligibility determination and notice of results of the applicant's background investigation to the NIGC for inclusion in the Indian Gaming Individuals Record System; and
(3) 
Notify the applicant of his/her right to appeal the Gaming Agency's decision pursuant to Article XI.
C. 
If, after a license is issued to a primary management official or a key employee, the Gaming Agency receives notice from the NIGC that the primary management official or key employee is not eligible for employment, the Gaming Agency shall do the following:
(1) 
Immediately suspend the license;
(2) 
Provide the licensee with written notice of the suspension and proposed revocation; and
(3) 
Provide the licensee with notice of a time and place for a hearing on the proposed revocation of the license pursuant to Article X.
D. 
Following a revocation hearing, the Gaming Commission shall decide whether to revoke or reinstate the license at issue.
E. 
The Gaming Agency shall notify the NIGC of its decision to revoke or reinstate a license within forty-five (45) days of receiving notification from the NIGC that a primary management official or key employee is not eligible for employment.
A gaming employee license issued pursuant to this chapter shall be effective for a period of two (2) years from the date of issuance. The license shall display on its face the licensee's photograph, the licensee's name, the gaming establishment at which the employee is licensed to work, the license number and the date that it expires.
A holder of a gaming employee license shall apply to the Gaming Agency for a renewal not later than thirty (30) days before the license expires by completing all forms required by the Gaming Agency. Each applicant for a license renewal shall revise and supplement the information provided to the Gaming Agency with the applicant's initial gaming employee license application on such forms and subject to such requirements as may be prescribed by the Gaming Agency.
The Gaming Agency shall retain, for no less than three (3) years from the date a primary management official or key employee is terminated from employment with the gaming establishment, the following documentation:
A. 
Application for licensing;
B. 
Investigative reports; and
C. 
Eligibility determinations.
A. 
The Gaming Agency may, consistent with its duties and responsibilities under the law and in an effort to preserve and enhance the integrity of tribal gaming, disclose applicant and licensee information, documents, photographs, records and other material under the following circumstances:
(1) 
Pursuant to written authorization from the applicant or licensee to whom the information and documents pertain;
(2) 
Pursuant to a written request from a duly authorized agent of any agency of the United States, a state or the Tribe, including law enforcement agencies and regulatory bodies when authorized by law, and in accordance with the terms and conditions described in any regulations; and
(3) 
If ordered to do so by a court of competent jurisdiction.
B. 
Disclosure of applicant or licensee information and documents by the Gaming Agency is specifically authorized under the following circumstances:
(1) 
National Indian Gaming Commission. The Gaming Agency is required to forward to the NIGC an investigative report on each background investigation. The Gaming Agency shall disclose to the NIGC the revocation of any gaming license and, if that license is reinstated, disclose that as well.
(2) 
Michigan Gaming Control Board. Under Section 4(L) of the Compact, the Gaming Agency is required, upon request, to provide representatives of the Michigan Gaming Control Board with access to background investigation information compiled by the Tribe on all key employees and primary management officials.
A. 
Standard for suspension of license following a hearing. Any license issued under this chapter may, after notice and hearing, be suspended by the Gaming Agency for not more than 60 days if the Gaming Agency determines that any of the following have occurred:
(1) 
The licensee has been formally charged with any offense that may disqualify the licensee from holding a license under this chapter.
(2) 
The licensee has engaged in conduct that poses a threat to the integrity of gaming or to the health, safety or welfare of the general public at any gaming establishment, whether within or outside the jurisdiction of the Tribe.
(3) 
The licensee has knowingly made a material false or misleading statement in his license application.
(4) 
The licensee has participated in unauthorized gaming, whether or not regulated by this chapter.
(5) 
The licensee has failed or refused to comply with the conditions of his license, with any duty imposed on the applicant/licensee under this chapter, or with any lawful order of the Gaming Agency, the Commission, the Tribal Court or the NIGC.
B. 
Standard for suspension of license pending a hearing. Any license issued under this chapter may be temporarily and immediately suspended by the Gaming Agency for not more than thirty (30) days pending a hearing if:
(1) 
The licensee has been formally charged with any offense that may disqualify the licensee from holding a license under this chapter;
(2) 
The NIGC notifies the Gaming Agency that it has information that a licensee employed as a primary management official or key employee is no longer eligible to be licensed; or
(3) 
The Gaming Agency receives reliable information that the licensee has engaged in conduct that poses an immediate threat to the integrity of gaming or to the health, safety or welfare of the general public at any gaming establishment, whether within or outside the jurisdiction of the Tribe.
C. 
Standard for revocation of a license following a hearing. Any license issued under this chapter may, after notice and hearing, be revoked if the Commission determines that the licensee fails to meet the standards for a gaming employee license under § 8.5-60 of this chapter or under other applicable law or that the licensee has failed or refused to comply with the conditions of his or her license, with any duty imposed on the licensee under this chapter, or with any lawful order of the Gaming Agency, Commission, the Tribal Court or the NIGC.
D. 
Investigation of grounds for suspending a license. Upon receipt by the Gaming Agency of information that a license may be suspended or revoked based on the grounds described in Subsection A, B or C, the Gaming Agency shall promptly conduct an investigation to substantiate the allegations and to obtain any other relevant information that may prove or disprove grounds for suspension or revocation.
E. 
Suspension of license pending hearing. If upon completion of the investigation the Gaming Agency determines that grounds exist to suspend the license, but the licensee's actions do not appear to present a direct and immediate threat to the integrity of gaming or to the peace, safety, health or welfare of the community, the Gaming Agency shall issue a notice of suspension pending hearing, which shall be served on the licensee.
F. 
Summary suspension of license prior to hearing. If upon completion of the investigation the Gaming Agency determines that grounds exist to suspend the license, and the licensee's actions present a direct and immediate threat to the integrity of gaming or to the peace, safety, health or welfare of the community, the Executive Director shall issue a notice of summary suspension prior to hearing, which shall be served upon the licensee.
G. 
Revocation of license pending hearing. If upon completion of the investigation the Gaming Agency determines that grounds exist to revoke a license, but the licensee's actions do not appear to present a direct and immediate threat to the integrity of gaming or to the peace, safety, health or welfare of the community, the Gaming Agency shall issue a notice of revocation pending hearing, which shall be served on the licensee.
H. 
Notice and hearing requirements. Any notice of suspension or revocation under this section shall:
(1) 
Inform the licensee of the right to a hearing upon request;
(2) 
State in detail the grounds upon which it is issued;
(3) 
Identify any witnesses the Gaming Agency intends to call;
(4) 
Summarize the facts and evidence that the Gaming Agency intends to present to demonstrate that adequate cause exists to support the action against the employee's license; and
(5) 
Inform the employee that he or she has the right to present evidence to rebut the grounds specified in the notice, including testimony from fact witnesses, or to present evidence of mitigating circumstances demonstrating that the action against his or her license is not warranted.
I. 
Time requirement for a hearing. A hearing before the Commission shall be set for a date no later than fourteen (14) days after the date the licensee files a written request for a hearing. The licensee shall file a request for a hearing within seven (7) business days from the date the licensee receives a notice. The Commission may, on its own, schedule a hearing, notwithstanding the lack of written request for a hearing from the licensee. The hearing shall be conducted in accordance with the procedures described in Article X.
J. 
Conversion of suspension to revocation hearing. If the results of the investigation described in Subsection D indicate that there are sufficient grounds to revoke the licensee's license under the standard set forth in Subsection C, the Gaming Agency may, in its discretion, convert the hearing on the suspension of the license to a hearing to show cause why the licensee's license should be revoked. If the Gaming Agency determines to convert a suspension hearing to a revocation hearing, it shall provide the licensee with a new notice under Subsection E and a new opportunity to request a hearing under Subsection I, which would also commence a new time period for scheduling the hearing.
Notwithstanding the provisions in the foregoing § 8.5-68A through C, in the event that the Gaming Agency determines that there are grounds to issue a notice of suspension or revocation regarding a licensee who is a primary management official, and such grounds do not involve criminal conduct, the following procedures shall apply in addition to the requirements of this chapter that are consistent with this section:
A. 
Prior to issuing any notice of suspension or notice of revocation, the Gaming Agency shall issue a notice for show cause to the licensee.
B. 
In addition to the notice and hearing requirements set forth in § 8.5-68H, the notice for show cause shall suggest measures the licensee may pursue to resolve the licensing problem.
C. 
The Gaming Agency shall provide the licensee with an opportunity to meet with the Executive Director and other Agency representatives prior to the show-cause hearing to address any questions related to the hearing. Such meeting shall, except for reasons beyond the control of the licensee or Gaming Agency representatives, occur within three (3) business days from the date the licensee receives the notice for show cause.
D. 
If the licensing problem is not resolved to the Executive Director's satisfaction prior to the show-cause hearing, the Commission may proceed with the show-cause hearing to suspend or revoke the licensee's license, as warranted, and shall take whatever action it deems appropriate as a result of the hearing.
The Agency shall create a separate file for each applicant that includes all forms, documents and information submitted by the applicant and all background information compiled by the Agency. All reports obtained from the fingerprint processing shall be incorporated into the applicant's file. The Agency shall retain such files for no less than three (3) years from the date of an applicant's termination from employment and shall make such files available for inspection by the NIGC upon request. Otherwise, such file shall be confidential and shall be maintained in such a manner and pursuant to such procedures as shall safeguard the disclosure of any contents of the file except as may be authorized by law or with the express consent of the applicant or licensee.