Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 134.00 - Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations › Section 134.09 - Investigation, Determination, and Appeals for Gaming Establishment Employees and Vendors

Current through Register 1525, July 5, 2024
(1) Upon receipt of
			 an application for a key gaming employee license in accordance with
			 205 CMR
			 134.01, a gaming employee license in
			 accordance with
			 205 CMR
			 134.02, a gaming service employee
			 registration in accordance with
			 205 CMR
			 134.03, a gaming vendor license in accordance
			 with
			 205 CMR
			 134.04(1), a non-gaming
			 vendor registration in accordance with
			 205 CMR
			 134.04(4), or the disclosure
			 materials from a gaming vendor qualifier in accordance with
			 205 CMR
			 134.04(4), the Division of
			 Licensing shall conduct a review of each for administrative completeness and
			 then forward the application or submission to the Bureau which shall conduct an
			 investigation of the applicant. In the event an application or submission is
			 deemed incomplete, the Division of Licensing may either request supplemental
			 information from the applicant or qualifier, or administratively close the
			 application in accordance with
			 205
			 CMR 134.14. For individuals, the
			 investigation shall include obtaining and reviewing criminal offender record
			 information from the Department of Criminal Justice Information Services
			 (DCJIS) and exchanging fingerprint data and criminal history with the
			 Massachusetts Department of State Police and the United States Federal Bureau
			 of Investigation. The investigation shall be conducted for purposes of
			 determining whether the applicant is suitable to be issued a license or
			 registration in accordance with
			 205
			 CMR 134.10 and
			 134.11.
In determining the weight to be afforded any information
				bearing on suitability in accordance with
				205
				CMR 134.10 and
				134.11,
				the Division of Licensing, Bureau, or commission, as applicable, shall
				consider: the relevance of the information to employment in a gaming
				establishment or doing business with a gaming establishment in general, whether
				there is a pattern evident in the information, and whether the applicant is
				likely to be involved in gaming related activity. Further, the information will
				be considered in the light most favorable to the applicant, unless the
				information cannot be so viewed pursuant to M.G.L. c. 23K or the information
				obtained does not otherwise support such view. For purposes of
				205 CMR 134.00, and M.G.L.
				c. 23K, § 16, an adjudication of delinquency shall not be considered a
				conviction. Such a finding may, however, be considered for purposes of
				determining the suitability of an applicant. Sealed or expunged records of
				criminal or delinquency appearances, dispositions, and/or any information
				concerning such acts shall not be considered for purposes of making a
				suitability determination in accordance with
				205 CMR 134.00, and M.G.L.
				c. 23K.
(a)
Keys Gaming
			 Employee-executive, Key Gaming Employee-standard, and Gaming
			 Employees
. Upon completion of the investigation conducted in
			 accordance with 205 CMR 134.09(1), the Bureau shall either approve or deny the
			 application for a key gaming employee-executive license, key gaming
			 employee-standard license or a gaming employee license pursuant to
			 205
			 CMR 134.10. If the application for a Key
			 Gaming Employee-standard license or Gaming Employee license is approved, the
			 Bureau shall forward a written approval to the Division of Licensing which
			 shall issue a license to the applicant on behalf of the Commission. If the
			 Bureau approves the application for a Key Gaming Employee-executive, the
			 decision shall be forwarded to the Commission as a recommendation along with
			 the application materials for review and issuance of the license. If the
			 application is denied, the Bureau shall forward the recommendation for denial
			 and reasons therefor to the Division of Licensing which shall issue a written
			 decision to the applicant explaining the reasons for the denial. The decision
			 shall include an advisory to the applicant that they may appeal the decision in
			 accordance with
			 205 CMR 101.00:
M.G.L. c. 23K Adjudicatory Proceedings
. If the denial is based
			 upon information contained in the individual's criminal record, the decision
			 shall also include an advisory that the individual will be provided with a copy
			 of their criminal record upon request and that they may challenge the accuracy
			 of any relevant entry therein. The decision may be served
via
first class mail or
via
email to the addresses provided by the
			 applicant on the application.
(b)
Gaming Service Employees
. The Division of Licensing
			 shall issue a gaming service employee registration to the applicant on behalf
			 of the commission in accordance with
			 205
			 CMR 134.11(1). In the event
			 that the Bureau determines upon completion of the investigation conducted in
			 accordance with 205 CMR 134.09(1) that the applicant should be disqualified
			 from holding a registration or is otherwise unsuitable in accordance with
			 205
			 CMR 134.11, it shall forward the results of
			 the investigation to the Division of Licensing which shall issue a written
			 notice to the registrant denying or revoking the registration. The notice shall
			 include an advisory to the applicant that they shall immediately cease
			 employment at the gaming establishment and may request an appeal hearing in
			 accordance with 101.00:
M.G.L. c. 23K Adjudicatory
			 Proceedings
. If the denial is based upon the information contained in
			 the individual's criminal record, the decision shall also include an advisory
			 that the individual will be provided with a copy of their criminal record upon
			 request and that they may challenge the accuracy of any relevant entry therein.
			 The notice may be served
via
first class mail or
via
email to the addresses provided by the applicant on the
			 application.
(c)
Gaming
			 Vendors
. Upon completion of the investigation, conducted in
			 accordance with 205 CMR 134.09(1), the Bureau shall either approve or deny the
			 application for a gaming vendor license pursuant to
			 205
			 CMR 134.10. If the Bureau approves the
			 application for a Gaming Vendor, the Bureau shall forward a written approval to
			 the Division of Licensing which shall issue a license to the applicant on
			 behalf of the Commission. If the application is denied, the Bureau shall
			 forward the determination of denial and reasons therefor to the Division of
			 Licensing which shall issue a written decision to the applicant explaining the
			 reasons for the denial. The decision shall include an advisory to the applicant
			 that they may appeal the decision in accordance with
			 205 CMR 101.00:
M.G.L. c. 23K Adjudicatory Proceedings
. If the denial is based
			 upon information contained in a person's criminal record, the decision shall
			 also include an advisory that the person will be provided with a copy of their
			 criminal record upon request and that they may challenge the accuracy of any
			 relevant entry therein. The decision may be served
via
first
			 class mail or email to the addresses provided by the applicant on the
			 application.
(d)
Non-gaming Vendors
. The Division of Licensing shall
			 issue a non-gaming vendor registration to the applicant on behalf of the
			 commission in accordance with
			 205
			 CMR 134.11(1). In the event
			 that the Bureau determines, upon completion of the investigation conducted in
			 accordance with 205 CMR 134.09(1), that the applicant should be disqualified
			 from holding a registration or is otherwise unsuitable in accordance with
			 205
			 CMR 134.11, it shall forward the results of
			 the investigation to the Division of Licensing which shall issue a written
			 notice to the registrant denying or revoking the registration. The notice shall
			 include an advisory to the applicant that they shall immediately cease doing
			 business with the gaming establishment and may request an appeal hearing in
			 accordance with
			 205 CMR 101.00:
M.G.L. c. 23K Adjudicatory Proceedings
. If the denial is based
			 upon the information contained in the person's criminal record, the decision
			 shall also include an advisory that the person will be provided with a copy of
			 their criminal record upon request and that they may challenge the accuracy of
			 any relevant entry therein. The notice may be served
via
first
			 class mail or
via
email to the addresses provided by the
			 applicant on the application.
(e)
Labor Organizations
. The Bureau shall issue a Labor
			 Organization registration to the applicant on behalf of the commission in
			 accordance with
			 205
			 CMR 134.11(1).