75-76-103 - Reasons for investigations by executive director; complaint by executive director; commission to appoint hearing examiner; review by commission; order of commission; automatic revocation o
§ 75-76-103. Reasons for investigations by executive director; complaint by executive director; commission to appoint hearing examiner; review by commission; order of commission; automatic revocation of license or finding of suitability upon felony conviction.
(1) The executive director shall make appropriate investigations:
(a) To determine whether there has been any violation of this chapter or of any regulations adopted thereunder.
(b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or regulation.
(c) To aid in adopting regulations.
(d) To secure information as a basis for recommending legislation relating to this chapter.
(2) If after any investigation the executive director is satisfied that a license, registration, finding of suitability, or prior approval by the commission of any transaction for which approval was required or permitted under the provisions of this chapter should be limited, conditioned, suspended or revoked, he shall initiate a hearing by filing a complaint with the commission and transmit therewith a summary of evidence in his possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the executive director to the licensee.
(3) Upon receipt of the complaint of the executive director, the commission shall review all matter presented in support thereof and shall appoint a hearing examiner to conduct further proceedings.
(4) After such proceedings as may be required by this chapter the hearing examiner may recommend that the commission take any or all of the following actions:
(a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;
(b) Limit, condition, suspend or revoke any registration, finding of suitability, or prior approval given or granted to any applicant by the commission;
(c) Order a licensed gaming establishment to keep an individual licensee from the premises of the licensed gaming establishment or not to pay the licensee any remuneration for services or any profits, income or accruals on his investment in the licensed gaming establishment; and
(d) Fine each person or entity or both, who was licensed, registered or found suitable or who previously obtained approval for any act or transaction for which commission approval was required or permitted, not more than One Hundred Thousand Dollars ($100,000.00) for each separate violation of the provisions of this chapter or of the regulations of the commission which is the subject of an initial complaint and not more than Two Hundred Fifty Thousand Dollars ($250,000.00) for each separate violation of the provisions of this chapter or of the regulations of the commission which is the subject of any subsequent complaint.
(5) The hearing examiner shall prepare a written decision containing his recommendation to the commission and shall serve it on all parties. Any party that disagrees with the hearing examiner's recommendation may ask the commission to review the recommendation within ten (10) days of service of the recommendation. The commission may hold a hearing to consider the recommendation whether there has been a request to review the recommendation or not.
(6) If the commission decides to review the recommendation, it shall give notice of that fact to all parties within thirty (30) days of the recommendation and shall schedule a hearing to review the recommendation. The commission's review shall be de novo but shall be based upon the evidence presented before the hearing examiner. The commission may remand the case to the hearing examiner for the presentation of additional evidence upon a showing of good cause why the evidence could not have been presented at the previous hearing.
(7) If the commission decides not to review the recommendation within thirty (30) days, the recommendation becomes the final order of the commission.
(8) If the commission limits, conditions, suspends or revokes any license or imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, or prior approval, it shall issue its written order therefor after causing to be prepared and filed the hearing examiner's written decision upon which the order is based.
(9) Any such limitation, condition, revocation, suspension or fine so made is effective until reversed upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
(10) Judicial review of any such order or decision of the commission may be had in accordance with the provisions of this chapter.
(11) A license or finding of suitability for any individual is automatically revoked if such person is convicted of a felony in any court of this state, another state, or the United States or if such person is convicted of a crime in any court of another state or the United States which, if committed in this state, would be a felony. Any appeal from such conviction shall not act as a supersedeas to the revocation required by this subsection.
Sources: Laws, 1990 Ex Sess, ch. 45, § 52, eff from and after passage (approved June 29, 1990).