Online Gambling Dispute Resolution

12.01

Raising Disputes. Any Patron who has any dispute, disagreement, or other grievance regarding the play or operation of any Gaming Activity, including a refusal to pay any alleged winnings from Gaming Activities, may raise such dispute with the following persons and in the following order: (a) a member of the staff of the Gaming Operation, (b) the supervisor in the area in which the dispute arose, (c) the CEO, (d) the Commission; and (e) Snoqualmie Tribal Court.

12.02

Patron Rights Regarding Disputes. At each level, the Patron has the right to explain his or her side of the dispute and present witnesses in connection with any factual allegation. At each level if the dispute remains unresolved, the patron shall be given a copy of the procedures set forth in this Section 12 and informed of the right to take the dispute to the next higher level as set forth in section 12.01 of this Section.

12.03

Raising Disputes. Resolution of any dispute by staff of the Gaming Operation shall always involve two or more staff members, one of whom shall have the title of at least supervisor. Disputes, whether resolved or not, shall be the subject of a detailed report by all staff involved to their supervisors, or, in the case of the CEO, to the Commission.

12.04

Impact On Game Play. In the event of a dispute by a Patron that cannot be resolved by ordinary means by Gaming Operation staff as to the outcome, prize, wager made, or any other aspect of the Patron’s participation in a game being played, all relevant data shall be immediately collected, including, but not limited to, all meter readings, memory records, surveillance tapes, and any other reports or information regarding the play in dispute. Following the collection of all relevant data, the Commission shall be notified and requested to (a) make an evaluation of whether or not the dispute involves the integrity of the hardware or software being used and (b) try and resolve the dispute: The CEO shall send a report of disputes to the Commission, and the Commission shall maintain records of those disputes.

12.05

Commission Decisions. All disputes which are submitted to the Commission shall be decided by the Commission based on information provided by the Patron, any witnesses or documents provided by the Patron, the CEO, and any other person who has relevant information to provide. The Commission’s decision shall be issued within sixty (60) days of submission, shall be in writing, shall be based on the facts surrounding the dispute, and shall set forth the reasons for the decision.

12.06

Appeal To Snoqualmie Tribal Court.

1. Tribal Court Review. If the complainant Patron is dissatisfied with the decision issued by the Commission, he or she may appeal to the Snoqualmie Tribal Court within thirty (30) days of the issuance of the written decision from the Commission. The appeal shall be only on the record and shall not be heard de novo. If the Court finds that the decision of the Commission was issued arbitrarily and capriciously, clearly erroneously, or in violation of the Tribe’s Constitution or the constitutional rights of Indians established under the Indian Civil Rights Act, 2S U.S.C. §§ 1301-1303, made upon unlawful procedure or some other clear error of law, the Snoqualmie Tribal Court shall vacate and remand the decision to the Commission to take action consistent with the Snoqualmie Tribal court’s determination. Otherwise, the decision of the Commission shall be upheld unless further appeal is permitted pursuant to Tribal law.

2. Tribal Court Jurisdiction. The Tribal Court shall have exclusive jurisdiction in patron actions arising pursuant to and permitted by this Section 12 and the Commission shall be bound by and take action consistent with the Tribal Court’s determination. To the extent necessary to ensure the Tribal Court’s jurisdiction over Patron actions arising pursuant to and permitted by this Section 12, the approval of this provision, as authorized by Tribal Council Resolution #x, shall constitute a limited, irrevocable waiver of sovereign immunity or other objection to the authority of the Tribal Court or the laying of venue in the Tribal Court regarding such actions.

3. Tribal Lottery System. Disputes involving the Tribal Lottery System shall be resolved in accordance with this Section and consistent with requirements set forth in the Compact.