All license hearings, enforcement hearings and exclusion hearings conducted pursuant to this chapter shall be governed by this chapter. For purposes of this article, the term "affected party" refers to an applicant, licensee, excluded person, or other person who is directly affected by the decision or action that is the subject of the hearing.
A. 
The Commission shall afford an applicant an opportunity for a hearing prior to any final action by the Commission on an application, other than an unconditional grant of a license.
B. 
Except as provided otherwise in this chapter, the Commission shall afford a licensee the opportunity for a hearing prior to taking formal action resulting in the suspension or revocation of a license or the imposition of any penalties that the Commission is authorized to impose pursuant to this chapter. Nothing in this section shall limit the Commission's authority to summarily suspend or revoke a license without a hearing pursuant to § 8.5-68 or 8.5-80 of this chapter.
C. 
The Commission shall afford any other affected party, excluded person or other person the opportunity for a hearing prior to rendering a decision to add such person's name to an exclusion list, sanction or take such other enforcement action the Commission is authorized to take under this chapter.
A. 
Except as provided otherwise in this chapter or the regulations, the Commission shall provide written notice to the applicant, licensee or excluded person of the hearing at least fourteen (14) business days' prior to the date set for the hearing. The day the affected party receives the notice shall be considered a full day's notice under this section. The notice shall be sent by registered or certified mail or may be personally served upon the affected party. The notice shall state the date, time and place of the hearing. The notice shall also contain an indication of the action(s) being considered by the Commission, including but not limited to:
(1) 
Whether the Commission is holding the hearing for the purpose of obtaining further information from the affected party;
(2) 
Whether the Commission will be considering the grant or denial of the license application;
(3) 
Whether the Commission will be examining any alleged violations of the chapter, the Compact, the IGRA, the conditions of any license issued by the Commission, any Commission order, or any other applicable laws, regulations or agreements; or
(4) 
Whether any other sanctions or penalties will be considered.
B. 
The notice shall also contain a short, plain statement of the reasons the Commission determines the hearing is necessary.
A. 
No ex parte communication relative to the action(s) being considered by the Commission or a threat or offer of reward shall be made before a decision is rendered to any member of the Commission by or on behalf of the affected party or such person's attorney.
B. 
Nothing in this section shall prohibit the affected party or such person's attorney from communicating with the Commission's legal counsel, its investigators or other authorized agents.
C. 
Any member of the Commission who receives an ex parte communication shall immediately report such communication to the Commission's legal counsel.
D. 
For purposes of this section only, the action(s) being considered by the Commission shall be those matters identified in the written notice regarding the hearing as well as any other matters that are actually considered by the Commission during a hearing. All matters identified in the written notice shall be subject to the prohibition against ex parte communications. All matters not identified in the written notice that are considered by the Commission during a hearing become subject to the prohibition against ex parte communications as soon as they are discussed during the hearing.
E. 
The Commission shall have the power to impose any sanction pursuant to this chapter upon its determination that an affected party has made an ex parte communication in violation of this section.
A. 
Affected parties to all hearings governed by this chapter may appear personally or through an attorney, except that a party must personally attend any hearing on the merits unless his attendance has been waived, in writing, by the Commission.
B. 
When an affected party has appeared through an attorney, service of all notices, motions, orders, decisions and other papers shall thereafter be made upon the attorney, unless the affected party requests otherwise in writing.
C. 
When an affected party is represented by an attorney, the attorney shall sign all motions, notices, requests and other papers on behalf of the affected party, including a request for subpoenas.
D. 
Any attorney appearing before the Commission must be duly admitted and authorized to practice before the Tribal Court. The affected party must notify the Commission of the affected party's intent to be represented by an attorney five (5) days' prior to the date of the hearing.
A. 
The Commission's legal counsel and the affected party shall exchange a list of persons that each party intends to call as witnesses no later than five (5) business days before a scheduled hearing. The day the list is received shall be considered a full day's notice under this section. Each witness shall be identified by name, if known, position, and business address. If no business address is available, a home address for the witness shall be provided. Any witness not identified in accordance with this section may be prohibited from testifying at a hearing, in the Commission's discretion, unless good cause is demonstrated.
B. 
The Commission's legal counsel and the affected party shall exchange a copy of all documents or tangible things that they intend to offer as evidence in support of their case in chief. This exchange shall be made to the opposing party no later than five (5) business days before a scheduled hearing. The day the documents are received shall be considered a full day's notice under this section. Failure to make available any document or tangible thing in accordance with this section may, in the Commission's discretion, be grounds to deny the admission into evidence of such document or tangible thing unless good cause is demonstrated.
A. 
Prior to submitting any documents or other material or items to the Commission, the applicant or licensee may designate any document it reasonably believes to contain confidential information as "subject to a confidentiality claim" by so marking the document in a prominent manner.
B. 
Documents marked in accordance with Subsection A above, and any nonpublic information contained within the document, shall not be made a part of the public record of the Commission proceedings otherwise disclosed by the Commission to any person (except as may be required under any applicable law, rule, regulation, court or administrative order, or the Compact), without first providing the affected party with the opportunity to seek a ruling by the Commission that the document or nonpublic information contained therein should not be made public. The request for such a ruling and any discussions relating to the document shall be heard and ruled upon by the Commission. If the request for such a ruling is made during a public hearing, the hearing shall be adjourned, and the Commission shall conduct a closed meeting in order to hear and rule upon the request of the affected party. The affected party may present to the Commission in a closed meeting written and oral argument regarding the confidentiality claim, along with any facts the affected party believes to be relevant to such argument.
C. 
In determining whether a document marked in accordance with Subsection A above should be made part of the public record of the Commission proceedings, the Commission will balance the claim for confidentiality against the materiality of the information to the related regulatory procedure or subject of the hearing, the public's right to be made aware of the information, and the Commission's need to make the information part of the public record in order to remain fully accountable for the Commission's decision. In making this determination, the Commission shall consider all facts and circumstances relevant to making a proper ruling.
D. 
In the event that the Commission rules during a closed meeting that the document in question and/or information contained therein should be made part of the public record of the Commission's proceedings, the document and/or information will be made part of the public record unless the affected party requests that the Commission withdraw the document from the proceeding and the Commission's possession. In the event the affected party requests that the document be withdrawn from the Commission's possession, the Commission will then consider the withdrawal request when it weighs the other evidence in the proceeding. A withdrawal of documents from the proceeding shall be looked upon by the Commission with disfavor, and, depending on the facts and circumstances, the Commission may deem the withdrawal of any document to be sufficient cause in and of itself to deny the relief requested by the affected party.
E. 
In the event that the Commission rules during a closed session that the document and/or information contained therein should not be made part of the public record, the document shall be designated "confidential" and will not be made part of the public record. The Commission may consider the document and information contained therein in making its determination.
F. 
At the conclusion of the Commission proceedings, the Commission will return to the affected party all documents marked as "subject to a confidentiality claim" pursuant to Subsection A above that were not:
(1) 
Made part of the public record of the proceeding; or
(2) 
That were designated as "confidential" and considered by the Commission in camera.
A. 
The Commission and the Executive Director of the Commission have the power and discretion to issue subpoenas to compel the production of documents or other tangible things and to compel the appearance of witnesses to give testimony with regard to any Commission investigation or proceeding. The Commission may impose reasonable penalties and take such other appropriate actions as the Commission deems warranted under the circumstances to address noncompliance with a subpoena.
B. 
The Commission and the Executive Director may seek the assistance of the tribal police, the Tribal Prosecutor and the General Counsel in exercising its authority under this section.
A. 
The Chair of the Commission, or other hearing officer designated in writing by the Chair, shall preside over all hearings and shall call the proceedings to order, control the presentation of evidence, the appearance of witnesses, and the order of the proceedings.
B. 
The Commission may require any person, including but not limited to any applicant, licensee, excluded person or any agent, employee or representative of any applicant or licensee, to appear and testify before it with regard to any matter within its jurisdiction at such time and place as it may designate. Such testimony shall be under oath and may include any matters which the Commission deems relevant to the discharge of the Commission's official duties. A record of testimony presented shall be maintained and may be used by the Commission as evidence in any proceeding or matter before the Commission. Failure to appear and testify fully at the time and place designated shall result in sanctions. Failure to appear may constitute grounds for:
(1) 
The refusal to grant a license to the person summoned and/or that person's principal or employer;
(2) 
The revocation or suspension of a license held by the person summoned and/or that person's principal or employer; or
(3) 
The inference that the testimony of the person summoned would have been adverse to that person and/or that person's principal or employer.
C. 
Any party to the hearing may call and examine witnesses. The Commission shall exercise its discretion to limit the testimony of witnesses where that testimony is irrelevant, argumentative or repetitive.
D. 
The Commission shall have the authority to eject from the hearings any person who is disruptive, disorderly or who shows a lack of proper respect for the Commission or the nature of the proceedings.
E. 
Persons shall be permitted to speak only when recognized by the Chair.
F. 
Any member of the Commission may ask questions of witnesses, and may request or allow additional evidence at any time.
G. 
Any party to the hearing may conduct cross-examinations reasonably required for a full and true disclosure of the facts.
H. 
Except as otherwise provided in this chapter, all hearings held under this chapter shall be closed to the public.
I. 
The Commission, in its discretion, has the authority to sequester witnesses.
A. 
In hearings governed by this chapter, the Commission shall not be bound by technical rules relating to evidence and witnesses. The Commission shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony. The Commission shall give effect to the rules of privilege unless such privilege is waived. Basic principles of relevancy, materiality and probative force shall govern the proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.
B. 
All evidence, including records and documents in the possession of the Commission or of which the Commission desires to avail itself, shall be duly offered and made a part of the record in the case. Every party shall be afforded adequate opportunity to rebut or offer countervailing evidence.
C. 
The Commission may take official notice of any generally recognized fact or any established technical or scientific fact; but parties shall be notified either before or during the hearing or by full reference in preliminary reports or otherwise of the facts so noticed, and they shall be afforded an opportunity to contest the validity of the official notice.
D. 
Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy to the original.
E. 
The record in a hearing governed by these rules shall include:
(1) 
All applications, intermediate rulings and exhibits and appendices thereto.
(2) 
Evidence received or considered, stipulations and admissions, including but not limited to confidential evidence received pursuant to § 8.5-105 of this chapter.
(3) 
A statement of matters officially noticed.
(4) 
The record of the hearing, including questions and offers of proof, objections and rulings thereon.
(5) 
Any decision, opinion, findings or report by the Commission.
(6) 
If applicable, a transcript of the hearing prepared by a duly certified court reporter.
A. 
All decisions to be made by the Commission under this chapter or the regulations shall, when necessary to support the decision, include findings of fact and determinations of law. All such decisions, findings and determinations shall be made by a majority vote of the Commission on the record in an open meeting, except as may be otherwise authorized by tribal law.
B. 
A copy of any Commission decision directly affecting an applicant, licensee, excluded person or other interested party shall be served by registered or certified mail, by personal service, or by other means established by regulation.
If any party or its attorney fails to comply with any Commission order, or any other applicable laws, regulations or agreements, regarding any matter, including, but not limited to, discovery matters and the failure to appear at a hearing at the scheduled time, the Commission upon motion or upon its own initiative may, in its discretion, impose upon such party or attorney, or both, appropriate sanctions in regard to the failure(s) as are just, including, but not limited to, the following:
A. 
An order prohibiting the use of any witness, document or tangible thing which should have been disclosed, produced, exhibited or exchanged pursuant to these rules or any Commission order;
B. 
An order that designated facts shall be taken to be established;
C. 
An order that the noncompliant party may not support or oppose designated claims or defenses;
D. 
An order striking any pleadings or parts thereof, or staying further proceedings or dismissing the proceeding or any part thereof, or entering a judgment by default against the noncompliant party; or
E. 
A finding against the noncompliant party.