75-76-159 - Resolution of claim by patron for payment of gaming debt not evidenced by credit instrument; investigation and decision of executive director.
§ 75-76-159. Resolution of claim by patron for payment of gaming debt not evidenced by credit instrument; investigation and decision of executive director.
(1) Whenever a licensee refuses payment of alleged winnings to a patron, the licensee and the patron are unable to resolve the dispute to the satisfaction of the patron and the dispute involves:
(a) At least Five Hundred Dollars ($500.00), the licensee shall immediately notify the executive director; or
(b) Less than Five Hundred Dollars ($500.00), the licensee shall inform the patron of his right to request that the executive director conduct an investigation.
The executive director shall conduct whatever investigation is deemed necessary and shall determine whether payment should be made.
(2) The executive director shall mail written notice to the commission, the licensee and the patron of his decision resolving the dispute within thirty (30) days after the date the executive director first receives notification from the licensee or a request to conduct an investigation from the patron.
(3) Failure to notify the executive director or patron as provided in subsection (1) is grounds for disciplinary action pursuant to Sections 75-76-103 through 75-76-119, inclusive.
(4) The decision of the executive director is effective on the date the aggrieved party receives notice of the decision. The date of receipt is presumed to be the date specified on the return receipt.
(5) Notice of the decision of the executive director shall be deemed sufficient if it is mailed to the last known address of the licensee and patron. The date of mailing may be proven by a certificate signed by an employee of the executive director that specifies the time the notice was mailed. The notice is presumed to have been received by the licensee or the patron five (5) days after it is deposited with the United States Postal Service with the postage thereon prepaid.
Sources: Laws, 1990 Ex Sess, ch. 45, § 80, eff from and after passage (approved June 29, 1990).