Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 33 - GAMBLING AND LOTTERIES (§§ 97-33-1 — 97-33-317) › FANTASY CONTEST ACT (§§ 97-33-301 — 97-33-317) › Section 97-33-315 - Investigations by executive director; hearing to limit, condition, suspend or revoke license; actions; review; automatic resolution

(1)
The executive director shall make appropriate investigations:
(a)
To determine whether there has been any violation of Sections
97-33-301
through
97-33-317
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 Sections
97-33-301
through
97-33-317
.
(e)
To determine annual compliance with Sections
97-33-301
through
97-33-317
.
(2)
If after any investigation the executive director is satisfied that a license 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 proceedings required by Sections
97-33-301
through
97-33-317
, the hearing examiner may recommend that the commission take any or all of the following actions:
(a)
As to operations at a licensed gaming establishment under Section
97-33-307(5)
:
(i)
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; and
(ii)
Order an operator to exclude an individual licensee from the operation of the registered business or not to pay the licensee any remuneration for services or any profits, income or accruals on his investment in the licensed gaming establishment;
(b)
Limit, condition, suspend or revoke any license granted to any applicant by the commission;
(c)
Fine each licensee for any act or transaction for which commission approval was required or permitted, as provided in Section
97-33-309
.
(5)
The hearing examiner shall prepare a written decision containing his recommendation to the commission and shall serve it on all parties. Any party disagreeing 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 does not decide 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, 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 limitation, condition, revocation, suspension or fine 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 an order or decision of the commission may be had to the Chancery Court of the First Judicial District of Hinds County, Mississippi, as a case in equity.
(11)
A license is automatically revoked if the individual is convicted of a felony in any court of this state, another state, or the United States or if the individual 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. An appeal from the conviction shall not act as a supersedeas to the revocation required by this subsection.
Amended by Laws, 2017, ch. 336, HB 967, 8, eff. 7/1/2017.
Added by Laws, 2016, ch. 488, § 9, eff. 5/12/2016.