Traversing the Slopes of Compliance: Class II MICS

– By Sheryl L. Ashley

After lengthy assistance from the NIGC’s Tribal Advisory Committee (TAC) combined with exhaustive tribal input and public comment, the National Indian Gaming Commission published the highly anticipated revisions to regulations 25 CFR Part 543 and 25 CFR Part 547 on September 21, 2012. These highly debated regulations became effective on October 22, 2012. The new regulations will exercise a significant impact on almost all properties within Indian Country and warrant extensive discussion and strategic planning within tribal gaming organizations. Highlighted below are some of themost important elements and discussion points that tribes must address in the upcoming months.

Implementation Deadlines
25 CFR Part 547 (Technical Standards) – This regulation is applicable to all properties, including those with less than 3 million in Gross Gaming Revenue (GGR), and requires compliance within 120 days after date of publication (February 19, 2013). Unless all Class II machines on property are already certified per §547.5(a) or §547.5(c). A list of grandfathered machines must be provided to the NIGC with TGRA approval to remain in use through November 10, 2018. 25 CFR Part 543 (Class II Minimum Internal Control Standards) – All existing gaming operations must ensure their Tribal Internal Control Standards (TICS) and System of Internal Controls (SIC) are in compliance with the Class II MICS by October 22, 2013, or, at the option of the TGRA, extended to April 22, 2014. The controls are then required to be implemented into operation at the beginning of the gaming facility’s next fiscal year (543.3(b)(2)). All new gaming facilities commencing operations after the effective date are required to implement the controls prior to opening (543.3(c)(2)).

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