---
kind: "section"
citation: "25 C.F.R. § 575.4"
title: "25"
number: "575.4"
heading: "When civil fine will be assessed."
url: "https://uscodex.org/cfr/25/575.4"
---

# §575.4. When civil fine will be assessed.


The Chairman may assess a civil fine, not to exceed $65,655 per violation, against a tribe, management contractor, or individual operating Indian gaming for each notice of violation issued under [§ 573.3](/cfr/25/573.3.md) of this chapter after considering the following factors:

- (a) **Economic benefit of noncompliance.** The Chairman shall consider the extent to which the respondent obtained an economic benefit from the noncompliance that gave rise to a notice of violation, as well as the likelihood of escaping detection.
  - (1) The Chairman may consider the documented benefits derived from the noncompliance, or may rely on reasonable assumptions regarding such benefits.
  - (2) If noncompliance continues for more than one day, the Chairman may treat each daily illegal act or omission as a separate violation.
- (b) **Seriousness of the violation.** The Chairman may adjust the amount of a civil fine to reflect the seriousness of the violation. In doing so, the Chairman shall consider the extent to which the violation threatens the integrity of Indian gaming.
- (c) **History of violations.** The Chairman may adjust a civil fine by an amount that reflects the respondent's history of violations over the preceding five (5) years.
  - (1) A violation cited by the Chairman shall not be considered unless the associated notice of violation is the subject of a final order of the Commission and has not been vacated; and
  - (2) Each violation shall be considered whether or not it led to a civil fine.
- (d) **Negligence or willfulness.** The Chairman may adjust the amount of a civil fine based on the degree of fault of the respondent in causing or failing to correct the violation, either through act or omission.
- (e) **Good faith.** The Chairman may reduce the amount of a civil fine based on the degree of good faith of the respondent in attempting to achieve rapid compliance after notification of the violation.

## Notes

### Amendments

[58 FR 5844, Jan. 22, 1993, as amended at 81 FR 43942, July 6, 2016; 82 FR 12069, Feb. 28, 2017; 83 FR 2060, Jan. 16, 2018; 84 FR 6968, Mar. 1, 2019; 85 FR 8396, Feb. 14, 2020; 86 FR 7647, Feb. 1, 2021; 87 FR 2550, Jan. 18, 2022; 89 FR 2880, Jan. 17, 2024; 90 FR 5606, Jan. 17, 2025]

### Authority

Authority: 25 U.S.C. 2705(a), 2706, 2713, 2715; and Sec. 701, Pub. L. 114-74, 129 Stat. 599.

### Source

Source: 58 FR 5844, Jan. 22, 1993, unless otherwise noted.

### Amendments

[58 FR 5844, Jan. 22, 1993, as amended at 81 FR 43942, July 6, 2016; 82 FR 12069, Feb. 28, 2017; 83 FR 2060, Jan. 16, 2018; 84 FR 6968, Mar. 1, 2019; 85 FR 8396, Feb. 14, 2020; 86 FR 7647, Feb. 1, 2021; 87 FR 2550, Jan. 18, 2022; 89 FR 2880, Jan. 17, 2024; 90 FR 5606, Jan. 17, 2025]