Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 45 - Missouri Gaming Commission › Chapter 30 - Bingo › Section 11 CSR 45-30.580 - Procedure for Entry of Names to the List of Ineligible Persons

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds a definition for the
				  List of Ineligible Persons and adds provisions for hearings and judicial review
				  for persons determined to be ineligible.
PURPOSE: This rule defines the procedure for the
				  entry of names of ineligible persons to the List of Ineligible Persons, the
				  criteria for which are stated in section
				  313.035,
				  RSMo.
(1) There is hereby
				created a List of Ineligible Persons (List) which consists of those persons
				whom the commission has determined are not eligible under the provisions of
				section
				313.035,
				RSMo, for any license and shall not participate in the management, conduct, or
				operation of any game under the provisions of sections
				313.005 to
				313.080,
				RSMo.
(2) Upon a determination by the commission that a
				person comes under any one (1) or more of the criteria listed in section
				313.035,
				RSMo, this person may be deemed a candidate for placement on the List, and the
				commission may file a Notice of Ineligibility. This notice shall include the
				identity of the candidate, the nature and scope of the circumstances or reasons
				that the person should be placed on the List, names of potential witnesses, and
				a recommendation as to whether the determination of ineligibility shall be
				permanent. The notice shall also inform the person of the availability of a
				hearing by the commission. A request for a hearing shall be made within thirty
				(30) days from the date the Notice of Ineligibility was filed. If no hearing is
				requested, the name shall be placed on the List and such listing will be
				considered a final order of the commission. If a hearing is requested, it shall
				follow the procedures as set out in 11 CSR 45-13 et seq.
(3)
				When a person is determined to be ineligible under any of the criteria listed
				in section
				313.035,
				RSMo, that person is not eligible for any license under the provisions of
				sections
				313.005 to
				313.080,
				RSMo, and shall not participate in the management, conduct, or operation of any
				bingo game or be employed or work in any capacity for any entity required to be
				licensed pursuant to section
				313.057,
				RSMo. If a hearing is requested, the ineligibility shall continue until a final
				determination is made by the commission on the merits following the requested
				hearing. If a determination of ineligibility by the commission is examined
				under judicial review, then the ineligibility shall continue until the judicial
				review is completed and becomes final.
(4) If the commission
				or a subsequent judicial review finds in favor of the individual appealing the
				placement of his/her name on the List, then his/her name shall be removed from
				the List and his/her ineligibility shall be terminated as of the date of the
				final action by the commission or court.
*Original authority: 313.004, RSMo 1993, amended 1994; and
					 313.065, RSMo 1981, amended 1993, 1995.