LD 1370
pg. 14
Page 13 of 20 An Act To Enact the Maine Tribal Gaming Act Page 15 of 20
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LR 2023
Item 1

 
agency and state gaming agency with access to reasonable office
space for the use of their personnel for the purposes of such
review activities.__Personnel employed by the state gaming
agency may attend the regular count conducted by the tribal
gaming operator in accordance with the standards of operation
and management adopted pursuant to section 6307.__Personnel
employed by the state gaming agency may not interfere with the
conduct of the gaming operations at the site except as may be
required to perform such review functions.__Auditors employed by
the state gaming agency must have unfettered access during
ordinary hours of operation to inspect and copy all records,
including computer log tapes, of the tribal gaming agency and
the tribal gaming operator; provided that all records of the
tribal gaming operator and the tribal gaming agency must be
considered confidential and proprietary financial information
belonging to the Tribes and must be protected by the State from
public disclosure without the express written consent of the
Tribes.__The state gaming agency may conduct such investigations
and may employ subpoena powers with which it may be vested under
the laws of the State as it considers appropriate to investigate
violations of this subchapter with respect to the tribal gaming
operator.__The tribal gaming agency shall require that all
security incidents and patron complaints reported by or to the
security department of the tribal gaming operator or to the
tribal gaming agency be reported on a daily basis to the state
gaming agency.__The tribal gaming operator shall cause its
gaming operations to be subjected to an annual audit by an
independent certified public accountant in accordance with
procedures adopted by the independent auditor following
consultation with the state gaming agency.__Such audit must
include any additional procedures required by the state gaming
agency not otherwise required by the independent auditor, which
additional procedures must be performed at the sole expense of
the state gaming agency.__The state gaming agency must be
provided with an opportunity to review the audit findings with
the independent auditor prior to issuance of the audit report
and must receive copies of the audit report, engagement letter,
management's representation letter, lawyer's contingency letter
and such other workpapers as the state gaming agency considers
necessary.

 
3.__Enforcement authority of state gaming agency.__If the
state gaming agency determines that the tribal gaming operator
is not in compliance with the provisions of this subchapter,
the state gaming agency shall deliver a notice of
noncompliance to the tribal gaming agency and the tribal
gaming operator setting forth the nature of such noncompliance
and the action required to remedy such noncompliance before
commencing any enforcement
action.


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