Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 45 - Missouri Gaming Commission › Chapter 13 - Hearings › Section 11 CSR 45-13.051 - Bingo Hearings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the commission's
				  actions when a licensee responds to the commission and/or requests a hearing
				  before the commission after discipline is proposed against it.
(1) A person whose application for a bingo
				license has not been granted for failing to establish suitability to hold a
				license or against whom a disciplinary action has been initiated, including
				action to place the person's name on the List of Ineligible Persons (List), may
				request a hearing under this chapter. The rules in this chapter shall be read
				together with Chapter 536, RSMo.
(2) The commission may authorize the director
				to investigate and make the initial finding of unsuitability or to issue a
				proposed order for disciplinary action with regard to any applicant for or
				holder of a license of the type that may be issued by the director pursuant to
				11 CSR
				45-30.065(3). The commission may also
				authorize the director to investigate and make the initial finding of
				ineligibility and to initiate proceedings to place a person on the List
				pursuant to
				11
				CSR 45-30.580.
(3) Whenever the commission finds an
				applicant unsuitable or ineligible for licensing, the commission shall notify
				the licensee or applicant in writing outlining the reasons for the finding.
				This notice shall be sent to the party's last known address by certified mail,
				return receipt requested or by another means of personal service.
(4) When notified of facts sufficient to
				support disciplinary action against a bingo licensee under the applicable
				statutes or rules, the commission may propose disciplinary action against a
				licensee. If the commission proposes disciplinary action, it shall notify the
				licensee of the proposed disciplinary action, in writing, outlining the reasons
				for the proposed discipline. This notice shall be sent to the party's last
				known address by certified mail, return receipt requested, or by another means
				of personal service.
(5) Any
				licensee who receives a notice of commission action shall respond to the
				commission within thirty (30) days of the date the notice is mailed from the
				commission.
(A) If the licensee does not
				respond to the commission within thirty (30) days of the date the notice is
				mailed, the commission may petition the Administrative Hearing Commission (AHC)
				for findings of fact and conclusions of law to support unsuitability,
				ineligibility, or discipline.
(B)
				If the licensee responds to the commission within thirty (30) days of the date
				the notice is mailed, the commission may take any action it deems appropriate,
				including, but not limited to, dismissing the matter, initiating settlement
				negotiations pursuant to
				11 CSR 45-13.065, or
				petitioning the AHC for findings of fact and conclusions of law to support
				unsuitability, ineligibility, or discipline.