25 U.S.C. § 2715 — Subpoena and deposition authority

Page 508 TITLE 25—INDIANS § 2714 tions, ordinances, or resolutions approved under section 2710 or 2712 of this title. (2) Not later than thirty days after the issuance by the Chairman of an order of tem- porary closure, the Indian tribe or management contractor involved shall have a right to a hear- ing before the Commission to determine whether such order should be made permanent or dis- solved. Not later than sixty days following such hearing, the Commission shall, by a vote of not less than two of its members, decide whether to order a permanent closure of the gaming oper- ation. (c) Appeal from final decision A decision of the Commission to give final ap- proval of a fine levied by the Chairman or to order a permanent closure pursuant to this sec- tion shall be appealable to the appropriate Fed- eral district court pursuant to chapter 7 of title 5. (d) Regulatory authority under tribal law Nothing in this chapter precludes an Indian tribe from exercising regulatory authority pro- vided under tribal law over a gaming establish- ment within the Indian tribe’s jurisdiction if such regulation is not inconsistent with this chapter or with any rules or regulations adopted by the Commission. (Pub. L. 100–497, § 14, Oct. 17, 1988, 102 Stat. 2482.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1), (3), (b)(1), and (d), was in the original ‘‘this Act’’, meaning Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, known as the Indian Gaming Regulatory Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. § 2714. Judicial review Decisions made by the Commission pursuant to sections 2710, 2711, 2712, and 2713 of this title shall be final agency decisions for purposes of appeal to the appropriate Federal district court pursuant to chapter 7 of title 5. (Pub. L. 100–497, § 15, Oct. 17, 1988, 102 Stat. 2483.) § 2715. Subpoena and deposition authority (a) Attendance, testimony, production of papers, etc. By a vote of not less than two members, the Commission shall have the power to require by subpoena the attendance and testimony of wit- nesses and the production of all books, papers, and documents relating to any matter under consideration or investigation. Witnesses so summoned shall be paid the same fees and mile- age that are paid witnesses in the courts of the United States. (b) Geographical location The attendance of witnesses and the produc- tion of books, papers, and documents, may be re- quired from any place in the United States at any designated place of hearing. The Commis- sion may request the Secretary to request the Attorney General to bring an action to enforce any subpoena under this section. (c) Refusal of subpoena; court order; contempt Any court of the United States within the ju- risdiction of which an inquiry is carried on may, in case of contumacy or refusal to obey a sub- poena for any reason, issue an order requiring such person to appear before the Commission (and produce books, papers, or documents as so ordered) and give evidence concerning the mat- ter in question and any failure to obey such order of the court may be punished by such court as a contempt thereof. (d) Depositions; notice A Commissioner may order testimony to be taken by deposition in any proceeding or inves- tigation pending before the Commission at any stage of such proceeding or investigation. Such depositions may be taken before any person des- ignated by the Commission and having power to administer oaths. Reasonable notice must first be given to the Commission in writing by the party or his attorney proposing to take such deposition, and, in cases in which a Commis- sioner proposes to take a deposition, reasonable notice must be given. The notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce books, papers, or documents, in the same man- ner as witnesses may be compelled to appear and testify and produce like documentary evidence before the Commission, as hereinbefore pro- vided. (e) Oath or affirmation required Every person deposing as herein provided shall be cautioned and shall be required to swear (or affirm, if he so requests) to testify to the whole truth, and shall be carefully examined. His testi- mony shall be reduced to writing by the person taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. All depositions shall be promptly filed with the Commission. (f) Witness fees Witnesses whose depositions are taken as au- thorized in this section, and the persons taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States. (Pub. L. 100–497, § 16, Oct. 17, 1988, 102 Stat. 2483.) § 2716. Investigative powers (a) Confidential information Except as provided in subsection (b), the Com- mission shall preserve any and all information received pursuant to this chapter as confidential pursuant to the provisions of paragraphs (4) and (7) of section 552(b) of title 5. (b) Provision to law enforcement officials The Commission shall, when such information indicates a violation of Federal, State, or tribal statutes, ordinances, or resolutions, provide such information to the appropriate law enforce- ment officials. (c) Attorney General The Attorney General shall investigate activi- ties associated with gaming authorized by this