Disputing an Exclusion
The San Manuel Tribal Gaming Commission (SMTGC), as an independent regulatory body of the San Manuel Band of Mission Indians, is vested with the power, duty, and primary responsibility to carry out the tribe’s regulatory responsibilities under federal or tribal law and any applicable Tribal-State Compact. In accordance with §126.96.36.199.4 of the San Manuel Gaming Act of 1989 (Gaming Act), §9.1(h) of the Tribal-State Compact (Compact), and Gaming Commission Regulations Four (GCR004), the SMTGC provides an equitable process by which any person that has been excluded from Yaamava' Resort & Casino (YRC), and determined eligible to do so, may dispute the exclusion in a hearing before the Gaming Commissioner(s).
The decision as to whether an exclusion should be modified or lifted is based upon the preponderance of the evidence as it relates to public safety, game integrity, security, and the reputation of the gaming facility. The SMTGC will consider the past behavior, criminal history, associations with persons and organizations, and general character of the excluded individual. Please note that exclusion dispute hearings are focused solely on exclusions and will not address any jackpots, prizes, or other awards that may have occurred during the exclusion.
Individuals may have been excluded from the gaming facility for reasons including but not limited to:
- Violations of applicable laws and regulations
- Conduct that is contrary to the public interest or the Tribe’s interest
- Conduct that adversely affects the health, security, and welfare of the Gaming Operation, or of patrons or employees, such as cheating, assault, theft, panhandling, misrepresentation, fraud, threatening or intimidating behavior, use and/or possession of a controlled substance or drug paraphernalia, intoxication, and disorderly conduct
- Reputation, habits, associations, or known criminal history that would bring discredit to the tribe or pose a risk of danger to employees or patrons
- Problem Gambling
Exclusion dispute process:
- Any excluded individual desiring to have their exclusion modified or lifted must submit a written request to the SMTGC.
- Upon receipt of written request, the SMTGC shall review the related circumstances and conduct any additional investigation or consultation necessary to determine eligibility for a hearing.
- If eligible, the SMTGC shall schedule a hearing date and notify the excluded individual. (As part of the hearing, involved parties will have an opportunity to present information to the Gaming Commissioner(s), including testimony, pictures, surveillance footage, criminal records, Casino reports, etc.)
- After the hearing, the Commissioner’s written decision shall be issued to the involved parties within 30 days.
- The SMTGC’s decision on the exclusion dispute shall be final and cannot be appealed to the Tribal Court.
Please mail your written request for a hearing to:
San Manuel Tribal Gaming Commission Administration
Attention: Exclusion Hearing Request
27995 Highland Ave., Suite 301
Highland, CA 92346
You may also call the SMTGC at (909) 863-2150 Ext. 605600 with any questions regarding the exclusion dispute process.