NIGC Announces Publication of Final Rule for Subchapter H Appeals

For Immediate Release    
Contact: Sarah Walters
(202) 632-7003

NIGC Announces Publication of Final Rule for Subchapter H Appeals

New Appeals Regulations Provide Consistency and Clarity

Washington, DC September 25, 2012 —Today, the National Indian Gaming Commission (NIGC/Commission) announced the publication of new regulations,  25 CFR Chapter III, Subchapter H, Parts 580-585.

Subchapter H clarifies and streamlines the appeals process before the Commission and removes Parts 524, 539, and 577.

“We are always striving for consistency, clarity, and efficiency, which are the cornerstones of good regulation,” Chairwoman Tracie Stevens stated. “The new appeals procedures help achieve all three.”

Formerly, the NIGC’s appeals regulations were located in three separate sections: Parts 524, 539, and 577, each containing unique procedures based on the subject matter being appealed. The new sections, Parts 580-585, provide for uniform procedures of general application for appeals before the Commission.

“It is of the utmost importance that tribes, as well as individuals, are afforded due process,” Vice Chairwoman Steffani Cochran observed. “The new Subchapter H improves appeal proceedings before the Commission by creating clear, uniform and comprehensive processes, which will further ensure equity, fairness and justice.”

The finalized Subchapter is the result of a deliberative process that the Commission began in November 2010 as part of its Regulatory Review initiative. Using an improved consultation process that involved tribes and stakeholders early in the rulemaking process, the Commission was able to gather vital information before beginning the formal rulemaking process.

“As an attorney and former general counsel of a tribe, clarifying the Appeals regulations was a major goal for me,” remembered Vice Chairwoman Cochran. “I’m glad we had the opportunity to not only consolidate and improve the process, but to formalize existing Agency practices.”
After participating in informative conversations with tribes, and receiving public comments during the informal drafting phase, the Commission released a Notice of Proposed Rule Making (NPRM) on January 31, 2012 with the comment period closing on April 2, 2012. The Commission reviewed and considered all comments on the NPRM received by April 2. Subchapter H is available for public inspection and comment by clicking here. The rule will become effective on October 25, 2012. All related regulatory review information can be found on our website at under the Tribal Consultation/Regulatory Review 2011- 12/Discussion Drafts.

The NIGC is an independent regulatory agency established within the Department of the Interior pursuant to the Indian Gaming Regulatory Act of 1988.


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