reglab/statecodes huggingface dataset:
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) › DISCIPLINARY ACTIONS (§§ 75-76-103 — 75-76-127) › Section 75-76-107 - Requirements of complaint; service of complaint upon respondent; answer of respondent; failure to answer or appear; time and place of hearing; notice

(1)
The complaint referred to in this chapter must be a written statement of charges which must set forth in ordinary and concise language the acts or omissions with which the respondent is charged. It must specify the statutes and regulations which the respondent is alleged to have violated but shall not consist merely of charges raised in the language of the statutes or regulations.
(2)
Upon the filing of the complaint, the executive director shall serve a copy of the complaint upon the respondent either personally or by registered or certified mail at his address on file with the executive director.
(3)
Except as provided in subsection (4) of this section, the respondent must answer within twenty (20) days after the service of the complaint. In his answer the respondent:
(a)
Must state in short and plain terms his defenses to each claim asserted.
(b)
Must admit or deny the facts alleged in the complaint.
(c)
Must state with respect to which allegations he is without such knowledge or information as to form a belief concerning their truth. Such allegations shall be deemed denied.
(d)
Must affirmatively set forth any matter which constitutes an avoidance or affirmative defense.
(e)
May demand a hearing. Failure to demand a hearing constitutes a waiver of the right to a hearing and to judicial review of any decision or order of the commission, but the commission may order a hearing even if the respondent so waives his right.
(4)
Failure to answer or to appear at the hearing constitutes an admission by the respondent of all facts alleged in the complaint. The commission may take action based on such an admission and on other evidence without further notice to the respondent. If the commission takes action based on such an admission, it shall include in the record which evidence was the basis for the action.
(5)
The commission shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondent's answer. The executive director shall deliver or send by registered or certified mail a notice of hearing to all parties at least ten (10) days before the hearing.
Laws, 1990 Ex Sess, ch. 45, § 54, eff. 6/29/1990.
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) › DISCIPLINARY ACTIONS (§§ 75-76-103 — 75-76-127) › Section 75-76-109 - Issuance of subpoenas for hearing; witness fees, mileage and expenses; payment of costs; depositions

(1)
Prior to a hearing before a hearing examiner, and during a hearing upon reasonable cause shown, the hearing examiner shall issue subpoenas and subpoenas duces tecum at the request of a party. All witnesses appearing pursuant to subpoena, other than parties, officers or employees of the State of Mississippi or any political subdivision thereof, are entitled to receive fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the circuit courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to witness fees and mileage, to the expense allowance authorized for state officers and employees for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses must be paid by the party at whose request the witness is subpoenaed. The commission may award as costs the amount of all such expenses to the prevailing party.
(2)
The testimony of any material witness residing within or without the State of Mississippi who will be unavailable to testify at the hearing may be taken by deposition in the manner provided by the Mississippi Rules of Civil Procedure.
Laws, 1990 Ex Sess, ch. 45, § 55, eff. 6/29/1990.
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) › DISCIPLINARY ACTIONS (§§ 75-76-103 — 75-76-127) › Section 75-76-113 - Stenographic or phonographic report of hearings required

The proceedings at the hearing must be reported either stenographically or by a phonographic reporter.
Laws, 1990 Ex Sess, ch. 45, § 57, eff. 6/29/1990.
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) › DISCIPLINARY ACTIONS (§§ 75-76-103 — 75-76-127) › Section 75-76-115 - Amended or supplemental pleadings authorized

The hearing examiner or the commission may permit the filing of amended or supplemental pleadings and shall notify all parties thereof and provide a reasonable opportunity for objections thereto.
Laws, 1990 Ex Sess, ch. 45, § 58, eff. 6/29/1990.
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) › DISCIPLINARY ACTIONS (§§ 75-76-103 — 75-76-127) › Section 75-76-117 - Contempt of hearing

If any person in proceedings before the hearing examiner or the commission disobeys or resists any lawful order, or refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness, or thereafter refuses to be examined, or is guilty of misconduct during the hearing or so near the place thereof as to obstruct the proceeding, the commission may certify the facts to the circuit court in and for the county where the proceedings are held. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished as for contempt. The court order and a copy of the statement of the commission must be served on the person cited to appear. Thereafter the court has jurisdiction of the matter, and the same proceedings must be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a circuit court.
Laws, 1990 Ex Sess, ch. 45, § 59, eff. 6/29/1990.
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) › DISCIPLINARY ACTIONS (§§ 75-76-103 — 75-76-127) › Section 75-76-119 - Written decisions and recommendation of hearing examiner; review of decision and recommendation by commission; decision or order of commission

(1)
After the hearing of a contested matter, the hearing examiner shall render a written decision on the merits which must contain findings of fact, a determination of the issues presented, and recommendation regarding the penalty to be imposed, if any. Copies of the decision and recommendation must be served on the parties personally or sent to them by registered or certified mail.
(2)
The commission may, upon motion made within ten (10) days after service of a hearing examiner's decision and recommendation, or upon its own motion within thirty (30) days of the date of the decision and recommendation, order a hearing before the commission upon such terms and conditions as it may deem just and proper to review the decision and recommendation. After hearing, the commission may reverse, modify or affirm the hearing examiner's decision. If the commission decides not to review the hearing examiner's decision and recommendation within thirty (30) days of the hearing examiner's decision, that decision shall become the final order of the commission.
Laws, 1990 Ex Sess, ch. 45, § 60, eff. 6/29/1990.
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) › DISCIPLINARY ACTIONS (§§ 75-76-103 — 75-76-127) › Section 75-76-121 - Circuit court review of decision or order of commission; enforcement of decision or order not stayed

(1)
Any person aggrieved by a final decision or order of the commission may obtain a judicial review thereof in the circuit court of the county in which the petitioner resides or has his or its principal place of business.
(2)
The judicial review must be instituted by filing a petition within twenty (20) days after the effective date of the final decision or order. A petition may not be filed while a petition for rehearing or a rehearing is pending before the commission. The petition must set forth the order or decision appealed from and the grounds or reasons why petitioner contends a reversal or modification should be ordered.
(3)
Copies of the petition must be served upon the executive director and all other parties of record, or their counsel of record, either personally or by certified mail.
(4)
The court, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.
(5)
The filing of the petition does not stay enforcement of the decision or order of the commission, but the commission itself may grant a stay upon such terms and conditions as it deems proper.
Laws, 1990 Ex Sess, ch. 45, § 61, eff. 6/29/1990.
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) › DISCIPLINARY ACTIONS (§§ 75-76-103 — 75-76-127) › Section 75-76-123 - Record on review; filing with reviewing court

(1)
Upon written request of petitioner and upon payment of such reasonable costs and fees as the commission may prescribe, the complete record on review, or such parts thereof as are designated by the petitioner, must be prepared by the commission.
(2)
The complete record on review must include copies of:
(a)
All pleadings in the case;
(b)
All notices and interim orders issued by the hearing examiner or the commission in connection with the case;
(c)
All stipulations;
(d)
The decision and order appealed from;
(e)
A transcript of all testimony, evidence and proceedings at the hearing;
(f)
The exhibits admitted or rejected; and
(g)
Any other papers in the case.
The record on review may be shortened by stipulation of all parties to the review proceedings.
(3)
The record on review must be filed with the reviewing court within thirty (30) days after service of the petition for review, but the court may allow the commission additional time to prepare and transmit the record on review.
Laws, 1990 Ex Sess, ch. 45, § 62, eff. 6/29/1990.
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) › DISCIPLINARY ACTIONS (§§ 75-76-103 — 75-76-127) › Section 75-76-125 - Motion requesting taking of additional evidence by commission; modification of decision or order by commission; standard of review; grounds for reversing decision or order of commission

(1)
The reviewing court may, upon motion therefor, order that additional evidence in the case be taken by the commission upon such terms and conditions as the court may deem just and proper. The motion must not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present the evidence before the hearing examiner or the commission. The motion must be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence must be permitted. In cases in which additional evidence is presented, the commission may modify its decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which become a part of the record on review.
(2)
The review must be conducted by the court sitting without a jury, and must not be a trial de novo but is confined to the record on review.
(3)
The reviewing court may affirm the decision and order of the commission, or it may remand the case for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:
(a)
In violation of constitutional provisions;
(b)
In excess of the statutory authority or jurisdiction of the commission;
(c)
Made upon unlawful procedure;
(d)
Unsupported by any evidence; or
(e)
Arbitrary or capricious or otherwise not in accordance with law.
Laws, 1990 Ex Sess, ch. 45, § 63, eff. 6/29/1990.
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) › DISCIPLINARY ACTIONS (§§ 75-76-103 — 75-76-127) › Section 75-76-127 - Supreme Court review of circuit court decision; availability of judicial review of particular decisions or orders of commission; availability of writs or equitable proceedings

(1)
Any party aggrieved by the final decision in the circuit court after a review of the decision and order of the commission may appeal to the Supreme Court in the manner and within the time provided by law for appeals in civil cases. The Supreme Court shall follow the same procedure thereafter as in appeals in civil actions and may affirm, reverse or modify the decision as the record and law warrant.
(2)
The judicial review by the circuit and Supreme Courts afforded in this chapter is the exclusive method of review of the commission's actions, decisions and orders in disciplinary hearings. Judicial review is not available for actions, decisions and orders of the commission relating to the denial of a license or to limited or conditional licenses. Extraordinary common law writs or equitable proceedings are available except where statutory judicial review is made exclusive or is precluded or where the use of those writs or proceedings is precluded by specific statute.
Laws, 1990 Ex Sess, ch. 45, § 64, eff. 6/29/1990.
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) › DEPOSIT OF FEES (§ 75-76-129) › Section 75-76-129 - [Effective Until 7/1/2028] Deposit of taxes, fees, interest, etc. into General Fund

(1)
On or before the last day of each month all taxes, fees, interest, penalties, damages, fines or other monies collected by the Department of Revenue during that month under the provisions of this chapter, with the exception of (a) the local government fees imposed under Section
75-76-195
, and (b) an amount equal to Three Million Dollars ($3,000,000.00) of the revenue collected pursuant to the fee imposed under Section
75-76-177(1)(c), and (c)
the revenue collected pursuant to the fee imposed under Section
75-76-177(1)(c)
as a result of wagers on sporting events shall be paid by the Department of Revenue to the State Treasurer to be deposited in the State General Fund. The local government fees shall be distributed by the Department of Revenue pursuant to Section
75-76-197
.
(2)
An amount equal to Three Million Dollars ($3,000,000.00) of the revenue collected during that month pursuant to the fee imposed under Section
75-76-177(1)(c)
shall be deposited by the Department of Revenue into the bond sinking fund created in Section 1(3) of Chapter 479, Laws of 2015.
(3)
Revenue collected pursuant to the fee imposed under Section
75-76-177(1)(c)
as a result of wagers on sporting events shall be deposited into the State Highway Fund to be used solely for the repair and maintenance of highways and bridges of the State of Mississippi. This revenue shall be used first for matching funds made available to the state for such purposes pursuant to any federal highway infrastructure program implemented after September 1, 2018.
Laws, 1990 Ex Sess, ch. 45, § 65; Laws, 1994, ch. 557, § 42; Laws, 1994, ch. 565, § 2; Laws, 1997, ch. 562, § 3; Laws, 2002, ch. 582, § 2; Laws, 2004, ch. 595, § 23; Laws, 2005, 2nd Ex Sess, ch. 53, § 1, eff. 7/1/2005.
Amended by Laws, 2018EX1, ch. 1, HB 1,§ 11, eff. 8/29/2018.
Added by Laws, 2015, ch. 479, HB 1630, 5, eff. 7/1/2015.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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) › DEPOSIT OF FEES (§ 75-76-129) › Section 75-76-129 - [Effective 7/1/2028] Deposit of taxes, fees, interest, etc. into General Fund

On or before the last day of each month all taxes, fees, interest, penalties, damages, fines or other monies collected by the Department of Revenue during that month under the provisions of this chapter, with the exception of (a) the local government fees imposed under Section
75-76-195
, and (b) an amount equal to Three Million Dollars ($3,000,000.00) of the revenue collected pursuant to the fee imposed under Section
75-76-177(1)(c)
shall be paid by the Department of Revenue to the State Treasurer to be deposited in the State General Fund. The local government fees shall be distributed by the Department of Revenue pursuant to Section
75-76-197
. An amount equal to Three Million Dollars ($3,000,000.00) of the revenue collected during that month pursuant to the fee imposed under Section
75-76-177(1)(c)
shall be deposited by the Department of Revenue into the bond sinking fund created in Section 1(3) of Chapter 479, Laws of 2015.
Laws, 1990 Ex Sess, ch. 45, § 65; Laws, 1994, ch. 557, § 42; Laws, 1994, ch. 565, § 2; Laws, 1997, ch. 562, § 3; Laws, 2002, ch. 582, § 2; Laws, 2004, ch. 595, § 23; Laws, 2005, 2nd Ex Sess, ch. 53, § 1, eff. 7/1/2005.
Amended by Laws, 2018EX1, ch. 1, HB 1,§ 11, eff. 7/1/2028.
Amended by Laws, 2018EX1, ch. 1, HB 1,§ 11, eff. 8/29/2018.
Added by Laws, 2015, ch. 479, HB 1630, 5, eff. 7/1/2015.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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) › WORK PERMITS (§§ 75-76-131 — 75-76-141) › Section 75-76-133 - Communication or document of applicant or licensee absolutely privileged; privileged not waived; disclosure of privileged information prohibited

(1)
Any communication or document of an applicant or licensee which is required by:
(a)
Law or the regulations of the commission; or
(b)
A subpoena issued by the commission to be made or transmitted to the commission or the executive director or his employees, is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
(2)
If such a document or communication contains any information which is privileged, that privilege is not waived or lost because the document or communication is disclosed to the commission or the executive director or his employees.
(3)
Notwithstanding the powers granted to the commission and the executive director by this chapter:
(a)
The commission, the executive director and his employees shall not release or disclose any privileged information, documents or communications provided by an applicant without the prior written consent of the applicant or licensee or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant or licensee.
(b)
The commission and the executive director shall maintain all privileged information, documents and communications in a secure place accessible only to members of the commission and the executive director and his employees.
(c)
The commission shall adopt procedures and regulations to protect the privileged nature of information, documents and communications provided by an applicant or licensee.
Laws, 1990 Ex Sess, ch. 45, § 67, eff. 6/29/1990.
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) › WORK PERMITS (§§ 75-76-131 — 75-76-141) › Section 75-76-135 - Summary suspension of work permit

(1)
The commission may issue an order summarily suspending a person's work permit upon a finding that the suspension is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare. The order becomes effective when served upon the permit holder.
(2)
The order of summary suspension must state the facts upon which the finding of necessity for the suspension is based. For purposes of this section, the order shall be deemed a complaint.
(3)
An order of summary suspension must be signed by at least two (2) members of the commission.
(4)
The person whose work permit is summarily suspended:
(a)
Has a right to a hearing on the order. The commission shall schedule a hearing within five (5) days after receipt of the person's notice of defense.
(b)
Must file a notice of defense within thirty (30) days after the effective date of the emergency order. Failure to timely file this notice waives his rights to a hearing before the commission and to judicial review of the final decision.
(5)
All affirmative defenses must be specifically stated in the notice of defense, and unless an objection is stated to the form or manner of the order, all objections to the form of the complaint shall be deemed waived.
(6)
Except as otherwise provided in this section, the procedures for a disciplinary action in Sections
75-76-103
through
75-76-119
, inclusive, must be followed.
Laws, 1990 Ex Sess, ch. 45, § 68, eff. 6/29/1990.
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) › WORK PERMITS (§§ 75-76-131 — 75-76-141) › Section 75-76-139 - Applicants to make full and true disclosure of all information

An applicant for licensing, registration, finding of suitability, work permit or any approval or consent required by this chapter shall make full and true disclosure of all information to the commission, the executive director and any other relevant governmental authority as necessary or appropriate in the public interest or as required in order to carry out the policies of this state relating to licensing and control of the gaming industry.
Laws, 1990 Ex Sess, ch. 45, § 70, eff. 6/29/1990.
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) › WORK PERMITS (§§ 75-76-131 — 75-76-141) › Section 75-76-141 - Confidentiality of information relating to termination of gaming employee; exceptions

Any information obtained by the executive director or the commission from any licensee, his employer or agent relating to the termination of a gaming employee is confidential and must not be disclosed except:
(a)
Such information obtained from the former employer of an applicant for a work permit must be disclosed to the applicant to the extent necessary to permit him to respond to any objection made by the executive director to his application for the permit;
(b)
In the necessary administration of this chapter; or
(c)
Upon the lawful order of a court of competent jurisdiction.
Laws, 1990 Ex Sess, ch. 45, § 71, eff. 6/29/1990.
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) › RESPONSIBILITY FOR CERTAIN FEES (§ 75-76-143) › Section 75-76-143 - Provision regarding responsibility for fees and taxes required in certain contracts

When any person contracts to sell or lease any property or interest in property, real or personal, under circumstances which require the approval or licensing of the purchaser or lessee by the commission, the contract must contain a provision satisfactory to the commission regarding responsibility for the payment of any fees or taxes due pursuant to any subsequent deficiency determinations made under this chapter which encompass any period of time before the closing date of the transaction.
Laws, 1990 Ex Sess, ch. 45, § 72, eff. 6/29/1990.
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) › ENFORCEMENT OF GAMING CONTROL ACT (§§ 75-76-145 — 75-76-153) › Section 75-76-145 - Civil actions to restrain violations of Gaming Control Act

(1)
The Attorney General, at the request of the executive director or the commission, may institute a civil action in any court of this state against any person subject to this chapter, to restrain a violation of this chapter.
(2)
The court shall give priority over other civil actions to an action brought pursuant to this section.
(3)
An action brought against a person pursuant to this section shall not preclude a criminal action or administrative proceeding against that person.
Laws, 1990 Ex Sess, ch. 45, § 73, eff. 6/29/1990.
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) › ENFORCEMENT OF GAMING CONTROL ACT (§§ 75-76-145 — 75-76-153) › Section 75-76-147 - Proceedings or actions to enforce provisions of Gaming Control Act and Section 97-19-55 under certain circumstances; referral of matter to district attorney or Attorney General

(1)
The commission or the executive director shall initiate proceedings or actions appropriate to enforce the provisions of this chapter and may recommend that a district attorney or the Attorney General prosecute any public offense committed in violation of any provision of this chapter, or in violation of Section
97-19-55
when the offense involves the use of a casino marker issued to a licensed gaming establishment.
(2)
If an investigation indicates probable cause for belief that a violation of this chapter, or a violation of Section
97-19-55
when the offense involves the use of a casino marker issued to a licensed gaming establishment, has occurred, the commission or the executive director shall refer the matter and the evidence gathered during the investigation to the district attorney having jurisdiction, with a request that such violation be prosecuted (a) by presentation to the grand jury if it appears that a felony violation has occurred, or (b) either by presentation to the grand jury or by filing a criminal affidavit if it appears that a misdemeanor violation has occurred.
(3)
If a district attorney declines to prosecute an offense referred to him by the commission or the executive director, he shall respond in writing to the commission or the executive director within sixty (60) days following receipt of the request to prosecute and state the reasons declining to prosecute.
(4)
If the commission or the executive director, after reviewing a district attorney's declination to prosecute, disagrees with the decision of such district attorney, the commission or the executive director may then refer the request for criminal prosecution to the Attorney General. In conducting any such prosecution, the Attorney General shall have all powers of a district attorney, including the power to issue or cause to be issued subpoenas or other process, and the right to enter the grand jury room while the grand jury is in session and to perform services with reference to the work of the grand jury.
Laws, 1990 Ex Sess, ch. 45, § 74; Laws, 2009, ch. 454, § 1, eff. 7/1/2009.
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) › ENFORCEMENT OF GAMING CONTROL ACT (§§ 75-76-145 — 75-76-153) › Section 75-76-149 - Penalty for possession of device, equipment or material manufactured, sold or distributed in violation of Gaming Control Act

Any person who possesses any device, equipment or material which has been manufactured, sold or distributed in violation of this chapter shall, upon conviction, be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than six (6) months, or by both such fine and imprisonment.
Laws, 1990 Ex Sess, ch. 45, § 75, eff. 6/29/1990.
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) › ENFORCEMENT OF GAMING CONTROL ACT (§§ 75-76-145 — 75-76-153) › Section 75-76-151 - Law enforcement divisions to furnish all information obtained during investigation or prosecution of violations of laws related to gaming

Every district attorney, sheriff and chief of police shall furnish to the executive director, on forms prepared by the executive director, all information obtained during the course of any substantial investigation or prosecution of any person if it appears that a violation of any law related to gaming has occurred.
Laws, 1990 Ex Sess, ch. 45, § 76, eff. 6/29/1990.
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) › ENFORCEMENT OF GAMING CONTROL ACT (§§ 75-76-145 — 75-76-153) › Section 75-76-153 - Motion for release of confidential information

An application to a court for an order requiring the commission or the executive director to release any information declared by law to be confidential shall be made only upon motion in writing on ten (10) days' written notice to the commission or the executive director, the Attorney General and all persons who may be affected by the entry of such order. Copies of the motion and all papers filed in support of it shall be served with the notice by delivering a copy in person or by certified mail to the last known address of the person to be served.
Laws, 1990 Ex Sess, ch. 45, § 77, eff. 6/29/1990.
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) › AGE REQUIREMENTS (§ 75-76-155) › Section 75-76-155 - Age requirement for patrons and gaming employees; penalties for violations; belief as to person's age no excuse

(1)
A person under the age of twenty-one (21) years shall not:
(a)
Play, be allowed to play, place wagers, or collect winnings, whether personally or through an agent, from any gaming authorized under this chapter.
(b)
Be employed as a gaming employee.
(2)
Any licensee, employee, dealer or other person who violates or permits the violation of any of the provisions of this section, and any person under twenty-one (21) years of age who violates any of the provisions of this section shall, upon conviction, be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than six (6) months, or by both such fine and imprisonment.
(3)
In any prosecution or other proceeding for the violation of any of the provisions of this section, it is no excuse for the licensee, employee, dealer or other person to plead that he believed the person to be twenty-one (21) years old or over.
Laws, 1990 Ex Sess, ch. 45, § 78, eff. 6/29/1990.
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) › ENFORCEMENT OF GAMING DEBTS NOT EVIDENCED BY CREDIT INSTRUMENT (§§ 75-76-157 — 75-76-175) › Section 75-76-157 - Gaming debts not evidenced by credit instrument not enforceable; resolution of certain claims or disputes between licensee and patron associated with promotional activities

(1)
Except as provided in Sections
75-76-159
through
75-76-165
, inclusive, gaming debts not evidenced by a credit instrument are void and unenforceable and do not give rise to any administrative or civil cause of action.
(2)
A claim by a patron of a licensee for payment of a gaming debt not evidenced by a credit instrument, and a dispute between a licensee and a patron associated with a promotional activity as defined in Section
75-76-5(nn)
, shall be resolved by the executive director in accordance with Sections
75-76-159
through
75-76-165
, inclusive. The resolution of such a claim or dispute by the executive director shall include any claims for alleged winnings or losses, or the award or distribution of cash, prizes, benefits, tickets or any other item of value associated with the promotional activity, or the manner in which the specific event at which the award or distribution from the promotional activity is conducted; however, the authority granted under this subsection (2) regarding a promotional activity does not provide the executive director or the commission with any additional authority, not otherwise granted by law, to regulate the promotional activity with regard to those matters pertaining exclusively to the operational or administrative aspects of the promotional activity that occur in advance of such specific event at which the award or distribution is conducted.
Laws, 1990 Ex Sess, ch. 45, § 79; Laws, 2009, ch. 384, § 1; Laws, 2010, ch. 431, § 9, eff. 3/24/2010.
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) › ENFORCEMENT OF GAMING DEBTS NOT EVIDENCED BY CREDIT INSTRUMENT (§§ 75-76-157 — 75-76-175) › Section 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.
Laws, 1990 Ex Sess, ch. 45, § 80, eff. 6/29/1990.
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) › ENFORCEMENT OF GAMING DEBTS NOT EVIDENCED BY CREDIT INSTRUMENT (§§ 75-76-157 — 75-76-175) › Section 75-76-161 - Resolution of claim by patron; appeal of decision of executive director to commission; hearing

(1)
Within twenty (20) days after the date of receipt of the written decision of the executive director, the aggrieved party may file a petition with the commission requesting a hearing to reconsider the decision.
(2)
The petition must set forth the basis of the request for reconsideration.
(3)
If no petition for reconsideration is filed within the time prescribed in subsection (1) of this section, the decision shall be deemed final action on the matter and is not subject to reconsideration by the executive director or review by the commission or to review by any court.
(4)
The party requesting the hearing must provide a copy of the petition to the other party.
(5)
Within fifteen (15) days after service of the petition, the responding party may answer the allegations contained therein by filing a written response with the commission.
(6)
The commission shall appoint a hearing examiner who shall schedule a hearing and may conduct the hearing at such times and places, within or without the State of Mississippi as may be convenient, except that notice of the date, time and place of the hearing must be provided to both parties. The commission may review the hearing examiner's decision as provided in Section
75-76-119
.
Laws, 1990 Ex Sess, ch. 45, § 81, eff. 6/29/1990.
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) › ENFORCEMENT OF GAMING DEBTS NOT EVIDENCED BY CREDIT INSTRUMENT (§§ 75-76-157 — 75-76-175) › Section 75-76-163 - Resolution of claim by patron; burden of proof at hearing; decision of hearing examiner

(1)
The party seeking reconsideration bears the burden of showing that the executive director's decision should be reversed or modified.
(2)
After the hearing, the hearing examiner may sustain, modify or reverse the executive director's decision. The decision by the hearing examiner must be in writing and must include findings of fact. A copy of the hearing examiner's decision must be delivered or mailed forthwith to each party or to his attorney of record.
Laws, 1990 Ex Sess, ch. 45, § 82, eff. 6/29/1990.
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) › ENFORCEMENT OF GAMING DEBTS NOT EVIDENCED BY CREDIT INSTRUMENT (§§ 75-76-157 — 75-76-175) › Section 75-76-165 - Resolution of claim by patron; payment of claim; deposit of amount of claim upon judicial appeal by licensee; withdraw by licensee of amount deposited

(1)
Except as otherwise provided in subsection (2) of this section, a licensee shall pay a patron's claim within twenty (20) days after the decision of the executive director directing him to do so becomes final. Failure to pay within that time is grounds for disciplinary action pursuant to Sections
75-76-103
through
75-76-119
, inclusive.
(2)
If a licensee intends to file a petition for judicial review of the commission's decision pursuant to Sections
75-76-167
through
75-76-173
, inclusive, the licensee must first deposit in an interest-bearing account in a financial institution an amount equal to the amount in dispute. The licensee shall pay the full amount of the patron's claim, including interest, within twenty (20) days after a final, nonappealable order of a court of competent jurisdiction so directs.
(3)
The licensee may withdraw the amount deposited in the financial institution upon:
(a)
Payment of the full amount of the patron's claim, plus interest, if the licensee has given notice to the commission of the payment; or
(b)
A final determination by the court that the licensee is not required to pay the claim.
Laws, 1990 Ex Sess, ch. 45, § 83, eff. 6/29/1990.
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) › ENFORCEMENT OF GAMING DEBTS NOT EVIDENCED BY CREDIT INSTRUMENT (§§ 75-76-157 — 75-76-175) › Section 75-76-167 - Resolution of claim by patron; judicial review of decision of commission; petition for review

(1)
Any person aggrieved by a final decision or order of the commission made after hearing by the commission pursuant to Sections
75-76-159
through
75-76-165
, inclusive, may obtain a judicial review thereof in the circuit court of the county in which the dispute between the licensee and patron arose.
(2)
The judicial review must be instituted by filing a petition within twenty (20) days after the effective date of the final decision or order. The petition must set forth the order or decision appealed from and the grounds or reasons why petitioner contends a reversal or modification should be ordered.
(3)
Copies of the petition must be served upon the executive director and all other parties of record, or their counsel of record, either personally or by certified mail.
(4)
The court, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.
(5)
The filing of the petition does not stay enforcement of the decision or order of the commission, but the commission itself may grant a stay upon such terms and conditions as it deems proper.
Laws, 1990 Ex Sess, ch. 45, § 85, eff. 6/29/1990.
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) › ENFORCEMENT OF GAMING DEBTS NOT EVIDENCED BY CREDIT INSTRUMENT (§§ 75-76-157 — 75-76-175) › Section 75-76-169 - Resolution of claim by patron; judicial review; record on review

(1)
Upon written request of petitioner and upon payment of such reasonable costs and fees as the commission may prescribe, the complete record on review, or such parts thereof as are designated by the petitioner, must be prepared by the commission.
(2)
The complete record on review must include copies of:
(a)
All pleadings in the case;
(b)
All notices and interim orders issued by the hearing examiner or the commission in connection with the case;
(c)
All stipulations;
(d)
The decision and order appealed from;
(e)
A transcript of all testimony, evidence and proceedings at the hearing;
(f)
The exhibits admitted or rejected; and
(g)
Any other papers in the case.
The original of any document may be used in lieu of a copy thereof. The record on review may be shortened by stipulation of all parties to the review proceedings.
(3)
The record on review must be filed with the reviewing court within thirty (30) days after service of the petition for review, but the court may allow the commission additional time to prepare and transmit the record on review.
Laws, 1990 Ex Sess, ch. 45, § 86, eff. 6/29/1990.
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) › ENFORCEMENT OF GAMING DEBTS NOT EVIDENCED BY CREDIT INSTRUMENT (§§ 75-76-157 — 75-76-175) › Section 75-76-171 - Resolution of claim by patron; judicial review; taking of additional evidence; standard of review; grounds for reversal of decision of commission

(1)
The reviewing court may, upon motion therefor, order that additional evidence in the case be taken by the commission upon such terms and conditions as the court may deem just and proper. The motion must not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present the evidence at the hearing before the hearing examiner or the commission. The motion must be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence must be permitted. In cases in which additional evidence is presented to the commission, the commission may modify its decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which become a part of the record on review.
(2)
The review must be conducted by the court sitting without a jury and must not be a trial de novo but is confined to the record on review.
(3)
The reviewing court may affirm the decision and order of the commission, or it may remand the case for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:
(a)
In violation of constitutional provisions;
(b)
In excess of the statutory authority or jurisdiction of the commission;
(c)
Made upon unlawful procedure;
(d)
Unsupported by any evidence; or
(e)
Arbitrary or capricious or otherwise not in accordance with law.
Laws, 1990 Ex Sess, ch. 45, § 87, eff. 6/29/1990.
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) › ENFORCEMENT OF GAMING DEBTS NOT EVIDENCED BY CREDIT INSTRUMENT (§§ 75-76-157 — 75-76-175) › Section 75-76-173 - Resolution of claim by patron; judicial review; appeal to Supreme Court of decision of circuit court; judicial review provided as exclusive method of review; costs of record on review

(1)
Any party aggrieved by the final decision in the circuit court after a review of the decision and order of the commission may appeal to the Supreme Court in the manner and within the time provided by law for appeals in civil cases. The Supreme Court shall follow the same procedure thereafter as in appeals in civil actions and may affirm, reverse or modify the decision as the record and law warrant.
(2)
The judicial review by the circuit and Supreme Courts afforded in this chapter is the exclusive method of review of the commission's actions, decisions and orders in hearings held pursuant to Sections
75-76-159
through
75-76-165
, inclusive.
(3)
The party requesting judicial review shall bear all of the costs of transcribing and of transmitting the record on review.
Laws, 1990 Ex Sess, ch. 45, § 88, eff. 6/29/1990.