25 CFR 543.5 – How does a gaming operation apply to use an alternate minimum standard from those set forth in this part?
(a) TGRA approval. (1) A TGRA may approve an alternate standard from those required by this part if it has determined that the alternate standard will achieve a level of security and integrity sufficient to accomplish the purpose of the standard it is to replace. A gaming operation may implement an alternate standard upon TGRA approval subject to the Chair’s decision pursuant to paragraph (b) of this section.
Terms Used In 25 CFR 543.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(2) For each enumerated standard for which the TGRA approves an alternate standard, it must submit to the Chair within 30 days a detailed report, which must include the following:
(i) An explanation of how the alternate standard achieves a level of security and integrity sufficient to accomplish the purpose of the standard it is to replace; and
(ii) The alternate standard as approved and the record on which it is based.
(3) In the event that the TGRA or the tribal government chooses to submit an alternate standard request directly to the Chair for joint government to government review, the TGRA or tribal government may do so without the approval requirement set forth in paragraph (a)(1) of this section.
(b) Chair review. (1) The Chair may approve or object to an alternate standard approved by a TGRA.
(2) If the Chair approves the alternate standard, the Tribe may continue to use it as authorized by the TGRA.
(3) If the Chair objects, the operation may no longer use the alternate standard and must follow the relevant MICS set forth in this part.
(4) Any objection by the Chair must be in writing and provide reasons that the alternate standard, as approved by the TGRA, does not provide a level of security or integrity sufficient to accomplish the purpose of the standard it is to replace.
(5) If the Chair fails to approve or object in writing within 60 days after the date of receipt of a complete submission, the alternate standard is considered approved by the Chair. The Chair may, upon notification to the TGRA, extend this deadline an additional 60 days.
(c) Appeal of Chair decision. A TGRA may appeal the Chair’s decision pursuant to 25 CFR chapter III, subchapter H.