reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4230 - Starting without gates

Current through Vol. 24-12, July 15, 2024
Rule 4230.
(1) An
				  association shall provide a backup starting gate. In the event of an
				  extraordinary occurrence, however, horses may be started without a
				  gate.
(2) When horses are started
				  without a gate, the official starter shall have control of the horses from the
				  formation of the parade until he or she gives the word "go". The official
				  starter shall be located at the wire or other point on the race course from
				  which the word "go" shall be given. A driver shall not cause unnecessary delay
				  after the horses are called.
(3)
				  The driver of any horse refusing or failing to follow instructions of the
				  official starter as to the parade or scoring ahead of the pole horse may be set
				  down for the heat in which the offense occurs or for another period as the
				  official starter shall recommend and may be subject to disciplinary action.
				  When a driver is taken down, the substitute shall be permitted to score the
				  horse once. A horse delaying the race may be started regardless of its position
				  or gait, and there shall not be a recall on account of a bad actor.
(4) If the word "go" is not given, all the
				  horses in the race shall immediately turn at the tap of the bell or other
				  signal and shall jog back to their parade positions for a fresh start. There
				  shall be no recall after the word "go" has been given.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4235 - Starters

Current through Vol. 24-12, July 15, 2024
Rule 4235. The horses shall be deemed to have started when
					 the word "go" is given by the starter, and all of the horses shall go the
					 course, except where there is an accident in which, in the opinion of the
					 stewards, it is impossible to go the course.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4240 - Unmanageable horses

Current through Vol. 24-12, July 15, 2024
Rule 4240. If, in the opinion of the stewards or the
					 official starter, a horse is unmanageable or liable to cause accidents or
					 injury to any other horse or to any driver, it may be scratched. When this
					 action is taken by the official starter, the stewards must be notified and the
					 stewards must notify the public. When this action is taken by the stewards, the
					 stewards must notify the official starter and the stewards must notify the
					 public.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4245 - Post positions; heat racing

Current through Vol. 24-12, July 15, 2024
Rule 4245. The horse winning a heat shall take the pole the
					 succeeding heat, unless otherwise specified in the published conditions, and
					 all others shall take their positions in the order they were placed the last
					 heat. When 2 or more horses have finished in a dead heat, their positions shall
					 be settled by lot.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4250 - Gate arm shields

Current through Vol. 24-12, July 15, 2024
Rule 4250. The arms of all starting gates shall be provided
					 with a screen or a shield in front of the position for each horse, and such
					 arms shall be perpendicular to the rail.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4255 - Drivers; licensing

Current through Vol. 24-12, July 15, 2024
Rule 4255.
(1) A
				  person who desires to drive a harness horse at a race meeting licensed by the
				  executive director is required to obtain a license from the executive director,
				  upon the recommendation of the stewards, whether or not the person possesses
				  any other license.
(2) Every
				  applicant for a driver's license shall satisfy the stewards in a manner
				  prescribed by the stewards, that he or she meets all of the following
				  qualifications:
(a) Has had at least 1 year's
				  training experience and has demonstrated the ability to drive.
(b) Is physically and mentally competent to
				  drive.
(c) Is knowledgeable of, and
				  conversant in, the training and driving of harness horses.
(d) Is familiar with the rules of
				  racing.
(e) Has a minimum of 20/40
				  corrected vision in both eyes or, if the individual is blind in 1 eye, not less
				  than 20/30 corrected vision in the other eye, as certified by a licensed
				  optometrist, oculist, or ophthalmologist.
(f) Is not less than 16 years of
				  age.
(g) Is the holder of a
				  currently valid A (full), V (probationary), P (provisional) or Q (qualifier)
				  license issued by the United States Trotting Association, or comparable
				  licensing issued by Standardbred Canada.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4260 - Driver restrictions

Current through Vol. 24-12, July 15, 2024
Rule 4260.
(1) A
				  person who is 60 years of age or older and who has never previously held any
				  type of driver's license shall not be issued a driver's license.
(2) An applicant for a driver's license who
				  is 65 years of age or over may be required to submit annually, together with
				  his or her application for a driver's license, a report of a physical
				  examination. An applicant who has previously held any type of driver's license
				  shall not be subsequently denied a driver's license solely on the basis of
				  age.
(3) If a person is involved in
				  an accident on the race course, the stewards may order the person to submit to
				  a physical examination, and the examination shall be completed before the
				  person drives again.
(4) The
				  following conduct is disorderly and shall subject a driver to disciplinary
				  action:
(a) Failure to obey the stewards'
				  orders.
(b) Failure to drive when
				  programmed, unless excused by the stewards.
(c) Drinking intoxicating beverages within 4
				  hours of the first post time of the program on which the driver is carded to
				  drive.
(d) Appearing in the paddock
				  in an unfit condition to drive.
(e)
				  Fighting.
(f) Assaults.
(g) Offensive and profane language.
(h) Smoking on the track wearing colors
				  during actual racing hours.
(i)
				  Warming up a horse before racing without wearing colors.
(j) Disturbing the peace.
(k) Refusal to take a breathalyzer test when
				  directed by the stewards.
(l) Using
				  abusive language when addressing, or showing disrespect toward, a racing
				  official or representative of the office of executive director.
(m) Fraternizing with other drivers or
				  patrons during the post parade or warm-ups.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4265 - Driving rule violations; complaints; disciplinary action

Current through Vol. 24-12, July 15, 2024
Rule 4265.
(1)
				  Although a leading horse is entitled to any part of the race course, except
				  after selecting its position in the home stretch, the driver of the first horse
				  or any other driver in the race shall not violate the driving rules by
				  participating in any of the following conduct:
(a) Change either to the right or left during
				  any part of the race when another horse is so near him or her that in altering
				  his or her position the driver compels another horse to shorten its stride or
				  causes the driver of the other horse to pull the horse out of its
				  stride.
(b) Jostle or strike, or
				  hook wheels or interfere with, another horse or driver.
(c) Cross sharply in front of a horse or
				  cross in front of a field of horses in a reckless manner or endanger other
				  drivers.
(d) Swerve in and out or
				  pull up quickly.
(e) Crowd a horse
				  or driver by putting a wheel under him.
(f) Carry a horse out.
(g) Sit down in front of a horse or take up
				  abruptly in front of other horses so as to cause confusion or interference
				  among trailing horses.
(h) Let a
				  horse pass inside needlessly or otherwise help another horse to improve its
				  position in the race.
(i) Commit
				  any act which impedes the progress of another horse or causes it to
				  break.
(j) Change course after
				  selecting a position in the home stretch or swerve in and out, or bear in and
				  out, in a manner as to interfere with another horse or cause it to change
				  course or take back.
(k) Drive in a
				  careless or reckless manner.
(l)
				  Loud shouting or other improper conduct.
(m) Fail to set and maintain a pace which is
				  reasonable for that class of horse.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4270 - Breaking

Current through Vol. 24-12, July 15, 2024
Rule 4270.
(1)
				  When any horse breaks from its gait in trotting or pacing, its driver shall at
				  once, where clearance exists, take the horse to the outside and pull it to its
				  gait.
(2) Any of the following
				  conduct is a violation of this rule:
(a)
				  Failure to properly attempt to pull the horse to its gait.
(b) Failure to take to the outside where
				  clearance exists.
(c) Failure to
				  lose sufficient ground by the break.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4275 - Right of course; time for accidents, loose horses

Current through Vol. 24-12, July 15, 2024
Rule 4275.
(1)
				  Horses called for a race have the exclusive right of the course and other
				  horses shall vacate the race course at once, unless permitted to remain by the
				  stewards.
(2) In the case of
				  accidents, only so much time shall be allowed as the stewards consider
				  necessary and proper.
(3) When a
				  loose horse leaves the race course the horse shall be scratched.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4280 - Time and records

Current through Vol. 24-12, July 15, 2024
Rule 4280.
(1) In
				  every race, the time of each heat shall be accurately recorded by an approved
				  electric timing device and placed in the record in minutes, seconds, and fifths
				  of seconds. When each heat has been ruled official by the stewards, the time
				  thereof shall be publicly announced or posted. Unofficial timing shall not be
				  announced or admitted to the record, and when the timers fail to act, times
				  shall not be announced or recorded for that heat.
(2) In any case of alleged error in the
				  record or an error in the announcement or publication of the time made by a
				  horse, the time so questioned shall not be changed to favor the horse or the
				  owner, except upon the sworn statement of the stewards and the timer who
				  officiated in the race.
(3) When
				  requested by the executive director, the distance of a race course licensed by
				  the executive director shall be verified by a certified measurement made wire
				  to wire 3 feet out from the pole or inside hub rail.
(4) The leading horse shall be timed and only
				  its time shall be announced. A horse shall not obtain a win race record by
				  reason of the disqualification of another horse.
(5) In case of a dead heat, the time shall
				  constitute a record for the horses making the dead heat and both shall be
				  considered winners.
(6) The time
				  shall be taken when the first horse leaves the point from which the distance of
				  the race is measured until the winner reaches the wire.
(7) Any person who is guilty of the
				  fraudulent misrepresentation of time or the alteration of the record thereof in
				  any public race shall be subject to disciplinary action and the time declared
				  not a record.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4285 - Trainers; licensing

Current through Vol. 24-12, July 15, 2024
Rule 4285.
(1) An
				  applicant for a trainer's license shall satisfy the stewards, in the manner as
				  they may prescribe, that he or she complies with all of the following
				  requirements:
(a) Has not less than 2 years of
				  experience under a recognized trainer and has demonstrated the ability to
				  train.
(b) Is knowledgeable of, and
				  conversant in, the training of harness horses.
(c) Is familiar with the rules pertaining to
				  trainers and training.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4290 - Protective nose shield

Current through Vol. 24-12, July 15, 2024
Rule 4290. A protective nose shield may be worn by
					 standardbred horses in parimutuel races when the executive director determines
					 that weather conditions warrant the use for humane considerations. The stewards
					 shall approve the type of protective nose shield permitted. Under no
					 circumstance shall the protective nose shield be constructed of material other
					 than that which is transparent. For purposes of photo finishes, the winner of
					 the race shall be the horse whose nose or protective nose shield reaches the
					 wire first.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 5 - ACCOUNT WAGERING › Section R. 431.5005 - Authorization for account wagering

Current through Vol. 24-12, July 15, 2024
Rule 5005.
(1) A
				  race meeting licensee who is the holder of or applicant for a race meeting
				  license issued under the act and these rules may request permission from the
				  executive director to conduct account wagering pursuant to the act and these
				  rules. As part of the request, the race meeting licensee or a TPF license
				  applicant must submit a joint contract and a proposed plan of operation
				  detailing how its proposed account wagering system would operate; the executive
				  director may require changes in a proposed plan of operations as a condition of
				  granting a request. No subsequent changes in the system's operation may occur
				  unless ordered by the executive director or until approval is obtained from the
				  executive director after it receives a written request.
(2) A race meeting licensee must furnish
				  certification that the race meeting licensee assumes and acknowledges
				  responsibility for all conduct of its TPF.
(3) The TPF or its agents, or both, must
				  establish and maintain an account wagering system and center.
(4) The executive director may require the
				  race meeting licensee or TPF to pay for investigations or
				  inspections.
(5) Account wagers may
				  only be made pursuant to the act and these rules.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 5 - ACCOUNT WAGERING › Section R. 431.5010 - Licensure of Third Party Facilitators (TPF)

Current through Vol. 24-12, July 15, 2024
Rule 5010.
(1) A
				  provider of an account wagering center or systems must be licensed by the
				  executive director as a TPF.
(2) A
				  TPF may apply for a license to operate an account wagering system whereby
				  wagers are debited and payouts are credited to an account held by a TPF on
				  behalf of a person.
(3) A person
				  applying for a TPF's license and a person required to be qualified as part of
				  the application must complete and submit the application and disclosure forms
				  in the manner and form prescribed by the executive director.
(4) The following nonrefundable TPF license
				  application fees must be submitted to the executive director, together with the
				  required application form or forms:
(a) TPF
				  license: $1,000.00.
(b) Renewal TPF
				  License: $500.00.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 5 - ACCOUNT WAGERING › Section R. 431.5015 - Establishment of accounts

Current through Vol. 24-12, July 15, 2024
Rule 5015.
(1) A
				  person must establish an account with the TPF before placing an account wager.
				  An account may only be established with a licensed TPF.
(2) Accounts can only be established by
				  natural persons and will not be transferable between persons.
(3) To establish an account, an application
				  must be electronically signed or otherwise expressly authorized by the
				  applicant and must contain the following information:
(a) The applicant's full legal
				  name.
(b) The applicant's principal
				  residence address.
(c) The
				  applicant's telephone number.
(d)
				  Proper identification or certification demonstrating that the applicant is at
				  least 18 years of age.
(e) Any
				  other information the executive director determines is necessary to carry out
				  its duties under applicable laws and rules.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 5 - ACCOUNT WAGERING › Section R. 431.5020 - Operation of accounts

Current through Vol. 24-12, July 15, 2024
Rule 5020.
(1) An
				  account holder may make deposits to the account in the following forms:
Cash, which may be deposited at financial or retail outlets
					 designated by the TPF.
Check, money order, or negotiable order of withdrawal sent
					 to the TPF.
Charges made to an account holder's credit or debit card
					 upon authorization of the account holder.
Electronic funds transfer by the account holder, in which
					 case the account holder is responsible for any fees imposed by the remitting
					 entity.
Any other method approved by the executive
					 director.
(2) The following
				  credits shall be posted to an account by the TPF as soon as practicable after
				  the race is declared official:
(a) Credit for
				  winnings from wagers.
(b) Credit
				  for all refunded wagers as required by the laws and rules applicable to the
				  host track.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 5 - ACCOUNT WAGERING › Section R. 431.5025 - Conduct of wagering

Current through Vol. 24-12, July 15, 2024
Rule 5025.
(1) A
				  TPF may accept wagers in the manner and form approved by the executive
				  director.
(2) For account wagers
				  made by phone, the TPF must make a voice recording of the entire transaction
				  and must not accept any account wager if the voice recording system is
				  inoperable. Voice recordings must be retained for not less than 6 months or
				  another time specified by the executive director. The recordings must be made
				  available to the executive director at his or her request.
(3) Any account wagering system must provide
				  for the account holder's review and finalization of a wager before it is
				  accepted by the TPF. Neither the account holder nor the TPF may change a wager
				  after the account holder has reviewed and finalized the wager and the TPF has
				  accepted the wager. When a wager is made by phone, the voice recording of the
				  transaction is the actual wager, regardless of what was recorded by the account
				  wagering system.
(4) A TPF must not
				  accept account wagers from an account holder in excess of the account balance.
				  No credit shall be extended by a TPF to an account holder. Any account not
				  updated when a transaction is completed is inoperable until the transaction is
				  posted and the account balance updated.
(5) All information about an account is not
				  subject to disclosure except as authorized by the executive director.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 5 - ACCOUNT WAGERING › Section R. 431.5030 - Closing of accounts

Current through Vol. 24-12, July 15, 2024
Rule 5030.
(1) An
				  account holder or the TPF may close an account under the procedure approved by
				  the executive director.
(2) If an
				  account holder dies, unclaimed cash balances in the account must only be
				  released to the decedent's legal representative upon receipt of a copy of a
				  valid death certificate, after which the account must be closed.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 5 - ACCOUNT WAGERING › Section R. 431.5035 - Record keeping and reporting

Current through Vol. 24-12, July 15, 2024
Rule 5035.
(1) A
				  TPF must maintain all of the following information on each account for a
				  minimum of 3 years:
A record of all deposits, credits, and withdrawals.
A record of all wagers made.
(2) Upon request of the account holder, a TPF
				  must provide any records it maintains on the account holder's account under
				  subrule (1) of this rule. Records may be provided in paper or electronic
				  format.
(3) A TPF must make an
				  account holder's current account balance available to the account holder at all
				  times.
(4) A TPF must allow the
				  executive director and its designees to review and audit all records related in
				  any way to its licensure, financial solvency, accounts, and the conduct of
				  wagering by Michigan residents. Information relevant to the review and audit
				  must be made available to the executive director or his or her designees upon
				  request and in a format required by the executive director.
(5) A TPF must provide an annual audited
				  financial statement to the executive director.
(6) A TPF must report to the executive
				  director quarterly all payments made to the pari-mutuel horse racing
				  disbursement account, the pari-mutuel activity on which the funds were paid,
				  the number of accounts held by Michigan residents at the end of the reporting
				  period, and any other information requested by the executive
				  director.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 5 - ACCOUNT WAGERING › Section R. 431.5040 - Penalties

Current through Vol. 24-12, July 15, 2024
Rule 5040.
(1) The
				  executive director may issue a fine, suspend, or revoke a TPF license if any of
				  the following occurs:
The TPF fails to comply with all federal, state, and local
					 laws.
The TPF has knowingly provided false or misleading
					 information to the executive director, withheld information required to be
					 provided, or made material changes in the account wagering system without prior
					 approval of the executive director.
The TPF has had a license denied, suspended, or revoked in
					 another jurisdiction.
The TPF fails to comply with any conditions on the license
					 imposed by the executive director.
The TPF poses a threat to the public interest or the
					 integrity of racing or wagering in Michigan.
(2) A suspension or revocation of a TPF
				  license may be appealed under the administrative procedures act of 1969, 1969
				  PA 306, MCL 24.201 to 24.328.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 1 - GENERAL PROVISIONS › Section R. 432.103 - Permanent dissolution; utilization of assets; report

Current through Vol. 24-12, July 15, 2024
Rule 103. Upon permanent dissolution of a qualified
					 organization, all assets, real property, and personal property must be utilized
					 for the lawful purpose of the qualified organization and must not be
					 distributed to any private individual or shareholder. All remaining assets upon
					 dissolution must be distributed to the local government or another nonprofit
					 organization as stated in the qualified organization's bylaws, constitution,
					 charter, or articles of incorporation. The disbursement of remaining assets
					 must be reported to the executive director in writing.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 1 - GENERAL PROVISIONS › Section R. 432.104 - Restricted use of profits

Current through Vol. 24-12, July 15, 2024
Rule 104. Profits from the millionaire party shall not be
					 used for the benefit of any individual, member, or shareholder of the qualified
					 organization except to directly further the lawful purposes of the qualified
					 organization.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 1 - GENERAL PROVISIONS › Section R. 432.105 - Violation notice

Current through Vol. 24-12, July 15, 2024
Rule 105.
(1) The
				  executive director may issue a violation notice to a licensee for failure to
				  maintain compliance with the act, these rules, terms of probation, directives,
				  public policy of this state, or any other local, state, or federal law or
				  regulation.
(2) The licensee shall
				  respond to the violation notice in writing within the time period specified in
				  the notice and inform the executive director what action has been taken to
				  correct the violation cited. The response must be signed by the principal
				  officer of the qualified organization or the owner or owners of the licensed
				  supplier cited for the violation.
(3) The executive director may initiate
				  further administrative action if a response to the notice is not received or
				  the response does not resolve the violation.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 1 - GENERAL PROVISIONS › Section R. 432.106 - Informal meeting

Current through Vol. 24-12, July 15, 2024
Rule 106.
(1) The
				  executive director may require the principal officer of the qualified
				  organization or the owner or owners of the licensed supplier to attend an
				  informal meeting to discuss violations of the act, these rules, terms of
				  probation, directives, public policy of this state, or any other local, state,
				  or federal law or regulation. The purpose of this meeting is to assist the
				  licensee in achieving compliance with the act, these rules, terms of probation,
				  directives, public policy of this state, or any other local, state, or federal
				  law or regulation.
(2) A licensee
				  may agree to be placed on probation as a result of the meeting described in
				  subrule (1) of this rule.
(3) The
				  purpose of the meeting described in subrule (1) of this rule is to forestall
				  the need to take further action, up to, and including, the conduct of a
				  contested case hearing.
(4) The
				  meeting described in subrule (1) of this rule is not required if the executive
				  director determines that the violations of the act, these rules, terms of
				  probation, directives, public policy of this state, or any other local, state,
				  or federal law or regulation warrants action prescribed by
				  R 432.108 to
				  R 432.110.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 1 - GENERAL PROVISIONS › Section R. 432.107 - Probation

Current through Vol. 24-12, July 15, 2024
Rule 107.
(1) The
				  executive director may place a licensee on probation or may condition the
				  renewal of a license with terms of probation when the licensee has violated the
				  act, these rules, terms of probation, directives, public policy of the state of
				  Michigan, or any other local, state, or federal law or regulation.
(2) The continuation of the probationary
				  license is conditioned upon the strict compliance with the act, these rules,
				  terms of probation, directives, public policy of the state of Michigan, or any
				  other local, state, or federal law or regulation.
(3) Failure of a licensee to comply with the
				  act, these rules, terms of probation, directives, public policy of the state of
				  Michigan, or any other local, state, or federal law or regulation is a
				  probation violation.
(4) The
				  executive director may summarily suspend a probationary license if the licensee
				  violates the act, these rules, terms of probation, directives, public policy of
				  the state of Michigan, or any other local, state, or federal law or regulation
				  as prescribed by
				  R
				  432.110.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 1 - GENERAL PROVISIONS › Section R. 432.108 - License denial

Current through Vol. 24-12, July 15, 2024
Rule 108.
(1) If
				  the executive director determines that an applicant, who does not hold a
				  license for which the applicant is applying, is not in compliance with the act,
				  these rules, terms of probation for another license, directives, public policy
				  of the state of Michigan, or any other local, state, or federal law or
				  regulation, then the executive director may refuse to issue a license to the
				  applicant.
(2) The submission of a
				  check in payment of a fee that is not paid by the financial institution on
				  which it is drawn shall be grounds for immediate denial of an application for a
				  license.
(3) The executive director
				  may refuse to issue a license to a qualified organization to conduct a
				  millionaire party if the executive director determines that a location owner or
				  lessor of a location to be used for the conduct of a millionaire party is not
				  in compliance with the requirements of the act, these rules, terms of
				  probation, directives, public policy of the state of Michigan, or any other
				  local, state, or federal law or regulation.
(4) A denial under this rule may be appealed
				  under the administrative procedures act.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 1 - GENERAL PROVISIONS › Section R. 432.110 - Summary suspension proceedings

Current through Vol. 24-12, July 15, 2024
Rule 110.
(1) To
				  advance the public policy of prohibition against all gambling activities not
				  conducted in strict conformance with expressed legislative exceptions,
				  including the regulatory framework established by the act, the executive
				  director may summarily order the suspension of a license as provided by section
				  50(1) of the act, MCL
				  432.150, and in accordance with
				  section 92 of the administrative procedures act, MCL
				  24.292, on a determination that
				  any 1 or more of the following circumstances exist:
(a) The licensee has obtained the license by
				  fraud, misrepresentation, or concealment.
(b) The decision to issue the license was a
				  product of a material mistake of law or fact.
(c) The licensee, location owner, or lessor
				  has engaged in an act, practice, or course of conduct that would operate as a
				  fraud or deceit on an individual or individuals, or has employed a device,
				  scheme, or artifice to defraud an individual or individuals.
(d) The licensee, location owner, or lessor
				  has repeatedly violated, or repeatedly failed or refused to comply with, any of
				  the provisions, requirements, limitations, or duties imposed by the act, these
				  rules, terms of probation, directives, public policy of this state, or any
				  other local, state, or federal law or regulation.
(e) The licensee, location owner, lessor, or
				  any owner, shareholder of the privately held corporation, partner, officer, or
				  agent of the licensee, location owner or lessor, has been charged with or
				  convicted of a violation of the act.
(f) The licensee, location owner, or lessor
				  has or there is reasonable cause to believe the licensee, location owner, or
				  lessor has engaged in illegal gambling, or a fraud or larceny
				  offense.
(g) The immediate
				  cessation of the millionaire party by the licensee is necessary for the
				  protection or preservation of the welfare of the community that these
				  activities are being conducted in, or for the protection or preservation of
				  public policy of this state, or any other local, state, or federal law or
				  regulation respecting unlawful gaming activity.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 1 - GENERAL PROVISIONS › Section R. 432.111 - Compliance meeting

Current through Vol. 24-12, July 15, 2024
Rule 111.
(1) A
				  compliance meeting notice shall be issued in accordance with section 92 of the
				  administrative procedures act. The compliance meeting allows the licensee to
				  show compliance before the conduct of a contested case hearing.
(2) If compliance is shown or an agreement
				  regarding future action is reached at the compliance meeting, then the need for
				  a contested case hearing may be negated.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 1 - GENERAL PROVISIONS › Section R. 432.112 - Contested case hearing

Current through Vol. 24-12, July 15, 2024
Rule 112.
(1) A
				  contested case hearing notice must be issued in accordance with section 71 of
				  the administrative procedures act, MCL
				  24.271.
(2) The executive director may establish
				  procedures for the conduct of contested case hearings, including the submission
				  of evidence by written interrogatory, deposition, request for admissions, or by
				  other means established by the hearing officer.
(3) There must be no discovery other than
				  that allowed by the administrative procedures act.
(4) When an appearance is made at a contested
				  case hearing, it must be made in person by the principal officer of the
				  qualified organization, the owner, or owners of the licensed supplier, or by
				  counsel.
(5) The person or persons
				  that have been served with a contested case hearing notice may file a written
				  answer before the date set for the contested case hearing or may appear at the
				  contested case hearing and present an oral statement on the charges contained
				  in the contested case hearing notice. If written briefs or arguments are
				  presented, then a copy shall be served on the hearing officer not less than 5
				  days before the date set for the contested case hearing.
(6) If the person or persons that have been
				  previously served with a contested case hearing notice fail to appear at the
				  contested case hearing, then the hearing officer may proceed with the contested
				  case hearing and may, on the evidence presented, make a decision.
(7) A contested case hearing must not be
				  adjourned or continued except by the hearing officer. All motions and requests
				  for an adjournment or a continuance must be in writing. The motion or request
				  must state concisely the reasons why the requested relief is
				  necessary.
(8) The parties to any
				  contested case hearing may, by stipulation, in writing, and filed with the
				  hearing officer, agree on the facts or any portion of the facts involved in the
				  controversy. The stipulation must be regarded and used as evidence in the
				  contested case hearing. Parties are requested to agree on the facts if
				  practicable.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 2 - GAMING LICENSING › Section R. 432.201 - Qualification requirements

Current through Vol. 24-12, July 15, 2024
Rule 201.
(1) Each
				  applicant applying for a millionaire party license who has not previously
				  qualified shall first submit qualification information as required by the
				  executive director.
(2) Each
				  applicant shall provide proof that its bylaws, constitution, articles of
				  incorporation, or the bylaws or constitution of its parent organization,
				  include a statement of dissolution. The statement of dissolution must state
				  that all assets of the qualifying organization remaining upon dissolution,
				  after satisfying its debts, be distributed to the local government or another
				  nonprofit organization.
(3) The
				  executive director may require a previously qualified organization to submit
				  updated qualification information to assure the organization's continued
				  eligibility under the act.
(4) In
				  addition to the requirements of the act, the executive director shall consider
				  certain factors when determining if an applicant or licensee qualifies as a
				  branch, lodge, or chapter. These factors include, but are not limited to, the
				  following:
(a) Charter or a similar document
				  issued by the national or state organization upon acceptance as a branch,
				  lodge, or chapter.
(b) Conditions
				  established by the national or state organization for the revocation or
				  suspension of the charter or relationship.
(c) Dues or financial support submitted to
				  the national or state organization by the branch, lodge, or chapter.
(d) Degree of control exerted by the national
				  or state organization over the activities of the branch, lodge, or
				  chapter.
(e) Oversight and control
				  provided by the national or state organization over the financial affairs of
				  the branch, lodge, or chapter, including the audit of financial records of the
				  branch, lodge, or chapter.
(f)
				  Standard bylaws adopted by the branch, lodge, or chapter or bylaws submitted to
				  the national or state organization for approval.
(g) Appointed or elected officers of the
				  branch, lodge, or chapter who are responsible for the activities of the branch,
				  lodge, or chapter.
(h) Ability of
				  the branch, lodge, or chapter to influence activities, normally demonstrated by
				  voting privileges, at the state or national level.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 2 - GAMING LICENSING › Section R. 432.203 - Additional eligibility factors

Current through Vol. 24-12, July 15, 2024
Rule 203. In addition to the requirements of the act, the
					 executive director shall consider the following factors when reviewing a
					 millionaire party license application:
(a) The honesty and integrity of the
				  applicant.
(b) The veracity and
				  accuracy of any information supplied to the executive director by the
				  applicant.
(c) The applicant's
				  indebtedness to local, state, or federal government.
(d) A pending lawsuit or bankruptcy
				  proceeding involving the applicant.
(e) The applicant's current or past history
				  of compliance with the act, these rules, terms of probation, directives, public
				  policy of this state, or any other local, state, or federal law or
				  regulation.
(f) Criminal
				  convictions of the applicant or any individual, officer, or agent of the
				  applicant for any of the following offenses:
(i) A violation of the act.
(ii) A felony.
(iii) A gambling offense.
(iv) Criminal fraud.
(v) Forgery.
(vi) Larceny.
(vii) Filing a false report with a
				  governmental agency.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 2 - GAMING LICENSING › Section R. 432.204 - Millionaire party license; terms and conditions

Current through Vol. 24-12, July 15, 2024
Rule 204.
(1) On
				  the issuance of a millionaire party license, the qualified organization shall
				  agree to all of the following:
(a) To be bound
				  by and comply with the terms of probation, directives, public policy of this
				  state, and any other local, state, and federal laws and regulations.
(b)To provide all information requested by
				  the executive director.
(c) To
				  maintain current and accurate records of all operations in conjunction with
				  millionaire parties in conformity with the act, these rules, terms of
				  probation, and directives.
(d) To
				  conduct the millionaire party in accordance with the information submitted on
				  the application approved by the executive director.
(e) To conduct the millionaire party only
				  during the hours and the date or dates stated on the license.
(f) To hold the executive director and the
				  state harmless from any liability, including, but not limited to, taxes and
				  legal expenses.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 2 - GAMING LICENSING › Section R. 432.205 - Changes to qualification or application information

Current through Vol. 24-12, July 15, 2024
Rule 205.
(1) A
				  qualified organization shall immediately report to the executive director in
				  writing any change to the organization's qualification documentation.
(2) A qualified organization shall
				  immediately submit a copy of the appropriate amended document to the executive
				  director if there is a change in any of the following:
(a) Constitution.
(b) Bylaws.
(c) Articles of incorporation.
(d) Other qualification documents previously
				  submitted to the executive director.
(e) Internal revenue service tax-exempt
				  status.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 2 - GAMING LICENSING › Section R. 432.206 - Request for millionaire party license changes; cancellations

Current through Vol. 24-12, July 15, 2024
Rule 206.
(1) To
				  change the location, day, date, dates, or time of a millionaire party, a
				  qualified organization shall submit a request to the executive director in
				  writing not less than 20 days before the proposed change takes
				  effect.
(2) If a millionaire party
				  cannot be held on the date approved by the executive director because of
				  inclement weather or other emergency conditions, the qualified organization may
				  submit a request to the executive director in writing for a new millionaire
				  party date. The qualified organization shall also notify the executive director
				  immediately on event cancellation.
(3) If the qualified organization chooses to
				  cancel a millionaire party, it shall give the executive director written notice
				  of the cancellation not less than 10 days before the scheduled date of the
				  event.
(4) If a millionaire party
				  license application is cancelled or denied, the executive director may retain a
				  portion of the original statutory fee submitted to cover processing
				  costs.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 3 - MILLIONAIRE PARTY › Section R. 432.302 - Licensing and approval

Current through Vol. 24-12, July 15, 2024
Rule 302.
(1) An
				  application for a license under this act and these rules is a request by the
				  applicant for the discretionary license. The license is a revocable privilege
				  and is not a property right. No individual, including a qualified organization,
				  supplier, lessor, or location owner, shall have any expectation that the
				  executive director will issue a license.
(2) The executive director may set a maximum
				  number of licenses that will be issued to qualified organizations and may set a
				  maximum number of days that a millionaire party license may be issued
				  for.
(3) The executive director may
				  stop issuing licenses at any time or for any reason.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 3 - MILLIONAIRE PARTY › Section R. 432.303 - Principal officer responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 303.
(1) The
				  principal officer of a qualified organization submitting an application shall
				  be 18 years of age or older.
(2)
				  The principal officer of the qualified organization shall be responsible for
				  all of the following:
(a) Ensuring the
				  qualified organizations full accountability for all gaming assets including,
				  but not limited to, cash, prizes, imitation money or chips, and all funds
				  derived from the millionaire party.
(b) Ensuring the millionaire party is
				  conducted in accordance with the act, these rules, terms of probation,
				  directives, public policy of the state of Michigan and any other local, state,
				  and federal laws or regulations.
(c) Ensuring that all records related to the
				  millionaire party are current and accurate.
(d) Reviewing all reports and correspondence
				  from the executive director.
(e)
				  Signing and ensuring that the financial statement from the millionaire party is
				  submitted to the executive director as prescribed by
				  R
				  432.321.
(f) Responding in writing to violation
				  notices as prescribed by
				  R
				  432.105(2).
(g) Ensuring that all workers are qualified
				  to work the millionaire party.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 3 - MILLIONAIRE PARTY › Section R. 432.304 - Millionaire party chairperson; qualifications and duties

Current through Vol. 24-12, July 15, 2024
Rule 304.
(1) The
				  chairperson shall be a worker who is a bona fide member of the qualified
				  organization for not less than 6 months and only serves as a millionaire party
				  chairperson for 1 qualified organization in a calendar year.
(2) The chairperson shall be familiar with
				  the act, these rules, terms of probation, and directives.
(3) The chairperson shall be present on the
				  premises continuously during the occasion.
(4) The chairperson shall be readily
				  identifiable to all millionaire party attendees by wearing a name badge with
				  the word "chairperson" followed by the name of the licensee and the
				  chairperson's name.
(5) The
				  chairperson shall be in charge of the millionaire party, supervise and direct
				  all workers, and be responsible for assuring the proper receipting, recording,
				  and depositing of all money derived from the millionaire party.
(6) The chairperson shall attempt to resolve,
				  in accordance with the act, these rules, and directives, disputes that may
				  occur during the conduct of the millionaire party.
(7) Any change in the chairperson or
				  individuals who are listed on the millionaire party license application must be
				  immediately submitted to the executive director in writing. The notification
				  must be signed by the principal officer of the qualified
				  organization.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Millionaire Parties › Part 3 - MILLIONAIRE PARTY › Section R. 432.305 - Minimum age

Current through Vol. 24-12, July 15, 2024
Rule 305.
(1)
				  Individuals under 18 years of age shall not be allowed to participate in the
				  millionaire party as players and shall not be allowed to operate millionaire
				  party games or assist in the conduct of the millionaire party.
(2) Individuals under 18 years of age shall
				  not be allowed to play with, operate, handle, collect, or distribute any kind
				  of millionaire party equipment.
(3)
				  Individuals under 18 years of age shall not be allowed to sell or purchase
				  raffle tickets, charity game tickets, or numeral game tickets.