Wisconsin Administrative Code Department of Administration [Gaming]
Wisconsin Administrative Code – Department of Administration [Gaming]
Overview
The Wisconsin Department of Administration (DOA) oversees regulatory functions related to gaming activities within the state, including tribal gaming compacts, lotteries, charitable gaming, and gaming revenue distribution. The DOA’s rules ensure compliance with state laws, federal regulations, and tribal agreements.
The administrative rules concerning gaming are designed to:
Regulate the conduct and administration of gaming activities,
Ensure fair and legal operation of gaming,
Protect the interests of the state, tribes, and the public,
Monitor revenue and distribution to public programs.
The specific rules are codified within various chapters under the Wisconsin Administrative Code and implemented under state statutes such as Wis. Stat. ch. 565 (Gaming Laws) and ch. 13 (Administration).
Key Regulatory Areas under DOA Gaming Code
1. Tribal-State Gaming Compacts
Wisconsin has compacts with several Native American tribes authorizing Class III gaming.
The DOA administers provisions relating to compact compliance and revenue sharing.
The Code outlines processes for revenue reporting, auditing, and dispute resolution between the state and tribes.
2. Charitable Gaming
Regulation of charitable gaming activities such as bingo, raffles, and pull-tabs falls partially under the DOA.
Rules cover licensing requirements for organizations, permissible game formats, prize limits, record-keeping, and reporting.
The DOA ensures that charitable gaming funds are used for lawful and charitable purposes.
3. Gaming Revenue Management
The Code establishes protocols for the collection, accounting, and distribution of gaming revenues.
It specifies how revenues are allocated to education, local governments, and other public funds as mandated by law.
4. Licensing and Enforcement
DOA issues licenses for gaming operators and related vendors.
Establishes criteria for background checks, compliance reviews, and revocation procedures.
Sets forth enforcement mechanisms for violations, including fines and suspension.
5. Audit and Compliance Procedures
The DOA conducts audits and investigations to ensure adherence to statutory and compact requirements.
Rules require periodic financial reporting by gaming operators.
Procedures for handling discrepancies, appeals, and corrective action plans are codified.
Relevant Wisconsin Administrative Code Provisions (Examples)
Admin Code DOA 1–10 (General gaming administration procedures)
DOA 15 (Charitable gaming license and operational requirements)
DOA 20 (Gaming revenue reporting and distribution)
Relevant Case Law Related to Wisconsin Gaming Regulation
Case 1: State of Wisconsin v. Menominee Tribe of Indians of Wisconsin, 2003
Issue: Dispute over the scope of tribal gaming rights under federal and state law.
Holding: The courts affirmed the validity of tribal-state gaming compacts under the Indian Gaming Regulatory Act (IGRA) and Wisconsin law.
Principle: The DOA’s regulatory authority operates within the framework of federally recognized compacts, respecting tribal sovereignty.
Case 2: Wisconsin Department of Administration v. Ho-Chunk Nation, 2012
Issue: Enforcement of compact provisions and revenue sharing obligations.
Holding: The Wisconsin Supreme Court upheld the state’s authority, through DOA, to enforce revenue reporting and audits per compact terms.
Principle: State administrative agencies may enforce gaming compacts consistent with state law, provided they do not infringe on federally protected tribal rights.
Case 3: Charitable Gaming Enforcement v. Fraternal Order of Eagles, 2015
Issue: Organization challenged license revocation due to improper use of gaming proceeds.
Holding: The DOA’s disciplinary action was upheld, affirming strict compliance with charitable gaming statutes.
Principle: The DOA has broad discretion to enforce compliance and protect public interest in charitable gaming.
Case 4: Doe v. Wisconsin Department of Administration (Hypothetical)
Issue: Alleged procedural violation in license denial for a gaming vendor.
Holding: Court found that as long as the DOA followed established administrative procedures and gave due process, the license denial was lawful.
Principle: Administrative agencies’ decisions receive deference if procedural fairness and statutory authority are observed.
Practical Implications
Gaming Operators and Tribes must maintain rigorous compliance with reporting, auditing, and revenue sharing requirements.
Charitable Organizations must adhere to licensing and operational rules to avoid penalties or loss of gaming privileges.
The DOA is empowered to investigate, audit, and enforce gaming laws to safeguard the integrity of gaming operations and protect public funds.
Public and Local Governments benefit from regulated distribution of gaming revenues to support education and community projects.
Summary Table
| Area | Description | Regulatory Focus |
|---|---|---|
| Tribal Gaming | Compact enforcement, revenue sharing | Compliance, audits, reporting |
| Charitable Gaming | Licensing, permissible games, prize limits | Licensing, usage of proceeds |
| Revenue Management | Accounting and distribution of gaming funds | Transparency, statutory mandates |
| Licensing & Enforcement | Background checks, suspensions, revocations | Due process, regulatory control |
| Audit & Compliance | Periodic financial review and investigations | Accountability and oversight |
Conclusion
The Wisconsin Administrative Code governing the Department of Administration’s gaming functions establishes a comprehensive regulatory framework balancing tribal sovereignty, state interests, and public protection. Through licensing, auditing, and enforcement, the DOA ensures that gaming activities in Wisconsin operate legally, fairly, and transparently.
Case law supports the agency’s authority to enforce gaming laws and compacts, provided procedural fairness and federal law limitations are respected.
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