Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 76 - MISSISSIPPI GAMING CONTROL ACT (§§ 75-76-1 — 75-76-325) › MISSISSIPPI GAMING COMMISSION; EXECUTIVE DIRECTOR (§§ 75-76-7 — 75-76-34) › Section 75-76-33 - Authority of commission to adopt, amend or repeal regulations; particular regulations specified; compliance with regulation prohibiting wagers by individuals, entities or groups not present; funding of agency expenses; deposit of monies into State General Fund

(1)
The commission shall, from time to time, adopt, amend or repeal such regulations, consistent with the policy, objects and purposes of this chapter, as it may deem necessary or desirable in the public interest in carrying out the policy and provisions of this chapter. The commission shall comply with the Mississippi Administrative Procedures Law when adopting, amending or repealing any regulations authorized under this section or under any other provision of this chapter.
(2)
These regulations shall, without limiting the general powers herein conferred, include the following:
(a)
Prescribing the method and form of application which any applicant for a license or for a manufacturer's, seller's or distributor's license must follow and complete before consideration of his application by the executive director or the commission.
(b)
Prescribing the information to be furnished by any applicant or licensee concerning his antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present.
(c)
Prescribing the information to be furnished by a licensee relating to his employees.
(d)
Requiring fingerprinting of an applicant or licensee, and gaming employees of a licensee, or other methods of identification and the forwarding of all fingerprints taken pursuant to regulation of the Federal Bureau of Investigation.
(e)
Prescribing the manner and procedure of all hearings conducted by the commission or any hearing examiner of the commission, including special rules of evidence applicable thereto and notices thereof.
(f)
Requiring any applicant to pay all or any part of the fees and costs of investigation of such applicant as may be determined by the commission under paragraph (g) of this subsection (2).
(g)
Prescribing the amounts of investigative fees only as authorized by regulations of the commission under paragraph (f) of this subsection, and collecting those fees. The commission shall adopt regulations setting the amounts of those fees at levels that will provide the commission with sufficient revenue, when combined with any other monies as may be deposited into the Mississippi Gaming Commission Fund created in Section
75-76-325
, to carry out the provisions of this chapter without any state general funds. In calculating the amount of such fees, the commission shall:
(i)
Attempt to set the fees at levels that will create a balance in the Mississippi Gaming Commission Fund that does not exceed, at the end of any state fiscal year, two percent (2%) of the projected amount of funds that will provide the commission with such sufficient revenue; and
(ii)
Demonstrate the reasonableness of the relationship between a fee and the actual costs of the investigative activity for which the fee is being prescribed.
(h)
Prescribing the manner and method of collection and payment of fees and issuance of licenses.
(i)
Prescribing under what conditions a licensee may be deemed subject to revocation or suspension of his license.
(j)
Requiring any applicant or licensee to waive any privilege with respect to any testimony at any hearing or meeting of the commission, except any privilege afforded by the Constitution of the United States or this state.
(k)
Defining and limiting the area, games and devices permitted, and the method of operation of such games and devices, for the purposes of this chapter.
(l)
Prescribing under what conditions the nonpayment of a gambling debt by a licensee shall be deemed grounds for revocation or suspension of his license.
(m)
Governing the use and approval of gambling devices and equipment.
(n)
Prescribing the qualifications of, and the conditions under which, attorneys, accountants and others are permitted to practice before the commission.
(o)
Restricting access to confidential information obtained under this chapter and ensuring that the confidentiality of such information is maintained and protected.
(p)
Prescribing the manner and procedure by which the executive director on behalf of the commission shall notify a county or a municipality wherein an applicant for a license desires to locate.
(q)
Prescribing the manner and procedure for an objection to be filed with the commission and the executive director by a county or municipality wherein an applicant for a license desires to locate.
(3)
Notwithstanding any other provision of law, each licensee shall be required to comply with the regulation that no wager may be placed by, or on behalf of, any individual or entity or group, not present on a licensed vessel or cruise vessel.
(4)
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
(5)
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Laws, 1990 Ex Sess, ch. 45, § 17; Laws, 2010, ch. 431, § 1, eff. 3/24/2010.
Amended by Laws, 2017, ch. 336, HB 967, 11, eff. 7/1/2017.
Amended by Laws, 2016, ch. 459, SB 2362, 5, eff. 7/1/2016.