reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 14.00 - Supplemental Licensure Procedures › Section 14.01 - Supplemental Procedures for Licensure Pursuant to M.G.L. c. 128A, section 2

Current through Register 1525, July 5, 2024
(1) Any person desiring to hold or conduct a
			 horse racing meeting within the commonwealth shall make an application to the
			 commission for a license so to do in accordance with M.G.L. c. 128A, § 2.
			 The commission may waive the deadlines for filing of and action on any such
			 application in the event that there is no horse racing association then
			 licensed in the commonwealth or any such association previously licensed has
			 submitted written notice of intent pursuant to
			 205 CMR
			 149.03(1), has failed to
			 timely notify the commission pursuant thereto or has caused or suffered any
			 event described in
			 205 CMR
			 149.03(1)(a) through (f) to
			 have occurred.
(2) The commission
			 may deem an application for a license submitted pursuant to M.G.L. c. 128A,
			 § 2 complete as of the date first filed, notwithstanding the fact that the
			 applicant provided additional or supplemental information in support of that
			 application at a later time, provided all such additional or supplemental
			 information has been provided to the commission no later than 90 days before
			 the proposed commencement of a meeting requested in the application.
(3) The commission may, at an applicant's
			 request, hold the certified checks or bank drafts required as part of an
			 application of a license pursuant to M.G.L. c. 128A, § 2 in escrow until
			 30 days after the award of a license.
(4) A harness racing association or horse
			 racing association awarded a license pursuant to M.G.L. c. 128A must provide
			 the commission with the bond required pursuant to M.G.L. c. 128A, § 3(o)
			 within 30 days of the award of the license.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 15.00 - Racing Meeting Licensing › Section 15.01 - Authority and Definitions

Current through Register 1525, July 5, 2024
(1)
Authority
. 205 CMR 15.00 is issued pursuant to M.G.L.
			 c. 128A, § 9, and M.G.L. c. 128C, § 8.
(2)
Definitions
. As
			 used in 205 CMR 15.00, the following words and phrases shall have the following
			 meanings, unless the context clearly requires otherwise. Words and phrases not
			 defined below shall have the meaning given to them in M.G.L. c. 128A, § 1
			 or M.G.L. c. 128C, § 1,
			 205
			 CMR 202.02:
Sports Wagering Authority
			 and Definitions
, or 205 CMR 102.00:
Construction and
			 Application
, if any, unless the context clearly requires otherwise. In
			 the event of any conflict between those provisions, any definition in M.G.L. c.
			 128A, § 1 shall be given priority, followed by M.G.L. c. 128C, § 1,
			 205
			 CMR 202.02, and 205 CMR 102.00, in that
			 order, unless the context clearly requires otherwise.
Applicant
means an applicant for a
				racing meeting license.
Application
means an application for a
				racing meeting license.
Application Deadline
means the first
				day of October of the calendar year preceding the calendar year for which the
				application requests a license to be issued.
Authorized Individual
means, if the
				applicant is an individual, such individual; if two or more individuals or a
				partnership, one of such individuals or by a member of such partnership, as the
				case may be; if a trust, a trustee of such trust; and, if an association or
				corporation, by the president or vice president thereof.
BED
means a Business Entity Disclosure
				Form by an authorized individual as described in
				205
				CMR 111.02:
Business Entity
				Disclosure Form - Category 1 and Category 2 Entity Applicants and
				Holding/Intermediary Companies
.
License
means a racing meeting
				license.
Licensee
means a racing meeting
				licensee. A licensee shall be considered a licensee through the full calendar
				year in which its license permits it to host racing meetings regardless of the
				date of its last scheduled racing meeting.
Mass. Supp
. means Massachusetts
				Supplemental Form as described in
				205
				CMR 111.04:
Massachusetts
				Supplemental Form
.
MJPHD
means a Multi-jurisdictional
				Personal History Form as described in
				205
				CMR 111.03:
Multi-jurisdictional
				Personal History Form
.
Scoping Survey
means an Operator and
				Vendor Scope of Licensing - Initial Survey.
Racing Meeting License
means a license
				to conduct a live racing meeting.
Qualifier
means a person whose
				qualification must be established in evaluating the suitability of an applicant
				in accordance with the standards and criteria set forth in M.G.L. c. 128A and
				205
				CMR 15.04.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 15.00 - Racing Meeting Licensing › Section 15.02 - Racing Meeting License Application

Current through Register 1525, July 5, 2024
(1)
Required Materials
. An applicant must submit a fully
			 executed original application to the Commission on or before the application
			 deadline. All application materials shall be submitted in accordance with the
			 instructions included in the relevant form or online. The Commission shall have
			 no obligation to accept or review an incomplete application. Applicants shall,
			 at a minimum, submit the following completed materials as part of their
			 application:
(a) If the applicant is not
			 currently a licensee:
1. a scoping
			 survey;
2. For each designated (or,
			 with the permission of the Bureau, anticipated) entity qualifier: a
			 BED;
3. For each designated (or,
			 with the permission of the Bureau, anticipated) individual qualifier:
a. An MJPHD; and
b. A Mass. Supp.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 15.00 - Racing Meeting Licensing › Section 15.03 - Evaluation of Application and Decision

Current through Register 1525, July 5, 2024
(1)
Pre-application Consultation
. The Commission or its
			 designees may conduct one or more consultation meetings or information sessions
			 with an applicant or prospective applicant to provide guidance on application
			 procedures, including the requirements of M.G.L. c. 128A or 128C, or 205 CMR
			 15.00. In addition, the Commission may use other methods to respond to
			 inquiries regarding the application process, such as publishing responses to
			 questions submitted by any applicant.
(2)
Administrative Sufficiency
			 Review
. The Division of Licensing will review application
			 materials for administrative sufficiency as they are submitted.
(a)
Administrative Sufficiency
			 Review - How Undertaken
.
1. When
			 determining whether the application materials to be reviewed at any stage are
			 administratively sufficient, the Division of Licensing shall review the forms
			 and determine whether all information or materials required to be provided in
			 response to each question or request have been submitted.
2. If any application materials to be
			 reviewed in a stage are determined to be insufficient:
a. The Licensing Division shall notify the
			 applicant in writing by email or first-class mail. The notification shall
			 specify the deficiencies within the materials.
b. Until the application deadline passes, the
			 applicant shall have the right to submit corrected materials to cure the
			 deficiencies.
c. After the
			 application deadline passes, the applicant must request leave from the
			 Commission or its designee to submit corrected materials to cure the specified
			 deficiencies, and must submit any corrected materials within the time allowed
			 by the Commission or its designee.
d. The Commission or its designee shall not
			 grant leave to submit proof of approvals required under M.G.L. c. 128A,
			 §§ 13A and 14.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 15.00 - Racing Meeting Licensing › Section 15.04 - Suitability of New and Existing Licensees, and Qualifiers

Current through Register 1525, July 5, 2024
(1)
Durable Suitability
			 Determinations
.
(a) An applicant
			 or qualifier shall have the duty to establish its durable suitability by clear
			 and convincing evidence.
(b) No
			 applicant shall be determined to be durably suitable in accordance with
			 205
			 CMR 15.04(1)(a)  unless and
			 until all qualifiers identified in
			 205
			 CMR 15.04(6)  have been
			 found by the Commission durably suitable in accordance with
			 205
			 CMR 15.04(1)(a)  within the
			 current or prior four calendar years.
(c)
Investigation
.
			 Before the Commission may determine that an applicant or qualifier is durably
			 suitable in accordance with
			 205
			 CMR 15.04(1), the Bureau
			 shall conduct an investigation into the qualifications and suitability of the
			 applicant. At the completion of the Bureau's investigation, it shall submit a
			 written report to the Commission, which will include recommendations and
			 findings of fact relative to the suitability of the applicant or qualifier.
(d) The Commission shall make any
			 finding of durable suitability in accordance with
			 205
			 CMR 15.04(1)  after an
			 adjudicatory proceeding pursuant to 205 CMR 101.00:
M.G.L. c. 23K
			 Adjudicatory Proceedings
.
(e) After the proceedings under
			 205
			 CMR 15.04(1)(d), the
			 Commission shall issue a written determination of durable suitability as
			 follows:
1.
Negative
			 Determination
. If the Commission finds that an applicant or
			 qualifier failed to meet its burden of demonstrating its durable suitability,
			 the Commission, in its sole discretion, shall either:
a. issue a negative determination of
			 suitability; or
b. request that the
			 applicant or qualifier submit a certification in accordance with
			 205
			 CMR 15.04(2)(b)  and, as
			 appropriate, that the Bureau conduct an investigation in accordance with
			 205
			 CMR 15.04(2)(c), and
			 thereafter consider whether the applicant or qualifier is temporarily suitable
			 in accordance with
			 205
			 CMR 15.04(2).
2.
Positive
			 Determination
. If the Commission finds that an applicant or
			 qualifier has met its burden of demonstrating its durable suitability, the
			 Commission shall issue a positive determination of durable suitability which
			 may include conditions and restrictions.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 15.00 - Racing Meeting Licensing › Section 15.09 - Withdrawal of Application for License to Hold or Conduct a New Racing Meeting

Current through Register 1525, July 5, 2024
(1) Except as provided in
			 205
			 CMR 15.09(2), a written
			 notice of withdrawal of an application may be filed by an applicant or
			 qualifier at any time prior to final Commission action thereon.
(2) Withdrawal requests submitted in
			 accordance with
			 205
			 CMR 15.09(2)  shall be
			 permitted without the need for Commission approval except that if a hearing on
			 suitability, temporary suitability, or an application has been requested by a
			 party or directed by the Bureau or Commission, no withdrawal will be allowed
			 without express Commission approval upon a finding of good cause:
(3) If the Commission agrees to grant
			 withdrawal under
			 205
			 CMR 15.09(2), the Commission
			 may condition that withdrawal with appropriate terms it deems necessary,
			 including, but not limited to, a period of time within which the applicant or
			 qualifier may not re-apply.
(4) The
			 provisions of
			 205
			 CMR 111.05(4)  governing the
			 surrender of credentials shall govern the surrender of any credential issued
			 under M.G.L. c. 128A and 128C, or the sections of 205 CMR governing
			 racing.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 16.00 - Procedures for the Approval of A Simulcast-Only Facility › Section 16.01 - Definitions

Current through Register 1525, July 5, 2024
Definitions
. As used in 205 CMR 16.00,
				the following words and phrases shall have the following meanings, unless the
				context clearly requires otherwise. Words and phrases not defined below shall
				have the meaning given them in M.G.L. c. 128A and M.G.L. c. 128C, unless the
				context clearly requires otherwise. Words and phrases not defined in
				205
				CMR 16.01o r in M.G.L. c. 128A or M.G.L. c.
				128C shall have the meaning given to them in 205 CMR 102.00:
Construction and Application
or 205 CMR 202.00:
Sports
				Wagering Authority and Definitions
, unless the context clearly
				requires otherwise.
Applicant
means a racing meeting
				licensee who applies for site approval in accordance with 205 CMR 16.00.
Host Community
means a municipality in
				which a simulcasting facility is located or in which an applicant has proposed
				locating a new simulcasting facility.
Simulcasting Facility
means a facility
				operated by a racing meeting licensee and approved by the Commission for
				simulcast wagering.
Site Approval Application
shall mean a
				racing meeting licensee's application for site approval.
Site Approval
shall mean authorization
				in accordance with M.G.L. c. 128C, § 2 to conduct simulcast wagering at a
				particular location.
Surrounding Community
means a
				municipality abutting a host community.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 16.00 - Procedures for the Approval of A Simulcast-Only Facility › Section 16.02 - Application Requirements

Current through Register 1525, July 5, 2024
(1) A site
			 approval application shall be submitted using the appropriate application form
			 or forms issued by the Commission, and in accordance with the instructions
			 included in the application form.
(2) The site approval application form shall
			 require the following:
(a) The location of
			 the proposed simulcasting facility;
(b) A detailed description of the proposed
			 simulcasting facility;
(c) An
			 explanation of the ownership of the real property on which the proposed
			 simulcasting facility is proposed to be constructed or operated, and the
			 applicant's rights to construct or operate the simulcasting facility on said
			 real property;
(d) Information
			 relative to any proposed responsible gaming initiatives to be offered on the
			 premises;
(e) A schedule of any
			 other state, municipal, or Federal environmental, land use,
			 hospitality-related, or other permits, licenses, or approvals required for the
			 development and operation of the proposed simulcasting facility;
(f) Any agreements, written or otherwise,
			 that the applicant has made or executed with racing governing bodies, the
			 municipality where the applicant proposes to hold racing meetings, other
			 municipalities, labor unions, or any other entities;
(g) A project schedule, including a date for
			 the proposed simulcasting facility to become open for wagering, and a date for
			 each proposed amenity or attraction to become available to the
			 public;
(h) The projected costs of
			 developing the facility;
(i) An
			 attestation signed and sworn to that the applicant will comply, should site
			 approval be granted, with all applicable laws and with all applicable rules and
			 regulations prescribed by the Commission, and that the applicant shall have an
			 affirmative obligation to abide by every statement made in the application to
			 the Commission should it be awarded a license;
(j) An attestation signed and sworn to that
			 the applicant will comply, should site approval be granted, with all
			 affirmative representations, promises or inducements made to government
			 officials of the host or and surrounding communities or local organizations and
			 any mitigation agreements, formal or informal; and
(k) Any other information required by the
			 Commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 16.00 - Procedures for the Approval of A Simulcast-Only Facility › Section 16.03 - Administrative Sufficiency Review

Current through Register 1525, July 5, 2024
(1) The
			 Division of Licensing will review each site approval application for
			 administrative sufficiency.
(2) If
			 a site approval application is determined to be insufficient:
(a) The Division shall notify the applicant
			 by email. The notification shall specifically identify the
			 deficiencies.
(b) The applicant
			 shall have the right to submit supplemental or corrected information to cure
			 the deficiencies within 60 days.
(c) Failure to cure the deficiencies may
			 result in the administrative closure of the site approval
			 application.
(d) In the event that
			 a site approval application is administratively closed under
			 205
			 CMR 16.03(2), the Division
			 of Licensing or the Bureau will notify the applicant of the determination in
			 writing.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 16.00 - Procedures for the Approval of A Simulcast-Only Facility › Section 16.04 - Review Procedures

Current through Register 1525, July 5, 2024
(1) In
			 reviewing the merits of the site approval application, the Commission may, at
			 such times and in such order as the Commission deems appropriate, take some or
			 all of the following actions:
(a) Refer the
			 application, or any parts thereof, for advice and recommendations, to any or
			 all of the following:
1. The Executive
			 Director;
2. The Bureau;
3. Any office, agency, board, council,
			 commission, authority, department, instrumentality or division of the
			 commonwealth;
4. Commission staff;
			 and
5. Any consultant retained by
			 the Commission to aid in the review of the application;
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 16.00 - Procedures for the Approval of A Simulcast-Only Facility › Section 16.05 - Public Meetings Regarding the Site Approval Application

Current through Register 1525, July 5, 2024
(1) The Commission shall conduct the
			 following public meetings:
(a) one meeting in
			 each host community to receive public feedback from members of that community;
			 and
(b) at least one other meeting
			 to receive public feedback.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 16.00 - Procedures for the Approval of A Simulcast-Only Facility › Section 16.06 - Evaluation of the Site Approval Application by the Commission

Current through Register 1525, July 5, 2024
(1) Once a submitted site approval
			 application is deemed administratively complete, the Commission shall commence
			 a substantive evaluation of its contents. The Commission may utilize any
			 technical assistance it deems necessary to aid in its review.
(2) The Commission shall deliberate on site
			 approval applications in an adjudicatory proceeding pursuant to
			 205
			 CMR 101.01:
Hearings Before the
			 Commission
.
(3) The
			 Commission shall analyze the factors and considerations set out in
			 205
			 CMR 16.05(5)  in no
			 particular order, and giving any particular weights, or no weight, to any
			 factor. Those factors include, but are not limited to:
(a) The financial ability of the applicant to
			 develop and operate the proposed simulcasting facility;
(b) The effect on state revenues;
(c) The circumstance that simulcast wagering
			 patrons require safe and convenient facilities;
(d) The interest of members of the public in
			 simulcast wagering honestly managed and of good quality;
(e) The necessity of according fair treatment
			 to the economic interest and investments of those who in good faith have
			 provided and maintained simulcasting facilities;
(f) The applicant's business practices and
			 business ability to establish and maintain a successful simulcasting
			 facility;
(g) Any support or
			 opposition voiced by the municipal government, residents of the host community
			 or communities, community groups, or labor unions;
(h) Any projected benefits to, or impacts on,
			 the host community or communities, and surrounding communities;
(i) Other benefits to the Commonwealth
			 including employment opportunities within the Commonwealth; and
(j) Any other appropriate and pertinent
			 factors.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 16.00 - Procedures for the Approval of A Simulcast-Only Facility › Section 16.07 - Site Approval Determinations

Current through Register 1525, July 5, 2024
After evaluating the site approval application in accordance
				with 205 CMR 16.06, the Commission
				may:
(a) Approve the
			 application;
(b) Deny the
			 application; or
(c) Postpone
			 decision pending further analysis or the provision of additional information by
			 the applicant, Commission staff, consultants to the Commission, or any other
			 person.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 16.00 - Procedures for the Approval of A Simulcast-Only Facility › Section 16.08 - Provisions Applicable to All Site Approval Determinations

Current through Register 1525, July 5, 2024
(1) Upon granting an application, the
			 Commission shall prepare and file its decision, and shall issue a statement of
			 the reasons for the approval, including specific findings of fact, and noting
			 any conditions of approval imposed under
			 205
			 CMR 16.09.
(2) Upon denial of an application, the
			 Commission shall prepare and file its decision and, if requested by the
			 applicant, shall further prepare and file a statement of the reasons for the
			 denial, including specific findings of fact.
(3) Site approval shall be deemed to have
			 occurred immediately upon a majority vote by the Commission to approve the
			 site, unless otherwise determined by the Commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 16.00 - Procedures for the Approval of A Simulcast-Only Facility › Section 16.09 - Conditions

Current through Register 1525, July 5, 2024
(1) All site
			 approvals shall be issued subject to the following conditions:
(a) That the licensee comply with all terms
			 and conditions of the site approval;
(b) That the licensee comply with M.G.L. c.
			 128A, M.G.L. c. 128C, and all rules and regulations of the
			 Commission;
(c) That the licensee
			 consents to the Commission or its representative physically inspecting the
			 progress of construction or development, subject to reasonable construction
			 site safety rules, to determine the licensee's compliance with the terms and
			 conditions of the site approval, M.G.L. c. 128A, M.G.L. c. 128C, or 205
			 CMR;
(d) That the licensee shall
			 grant access to, at any time, plans, specifications, submittals, contracts,
			 financing documents or other records concerning the construction of the project
			 or related infrastructure. The licensee shall provide the requested materials
			 to the Commission or its representative within ten days of the Commission's
			 request for such documents;
(e)
			 That the licensee shall not conduct simulcast wagering at the proposed
			 simulcasting facility without an operation certificate, which shall not issue
			 until the licensee has demonstrated to the Commission that it has complied with
			 all requirements of M.G.L. c. 128A, M.G.L. c. 128C, 205 CMR, and all applicable
			 laws. Such compliance includes, but is not limited to:
(i) The simulcasting facility has been built
			 and is of a superior quality and complies with any applicable conditions of
			 site approval;
(ii) A copy of an
			 emergency response plan that includes, but is not limited to, the elements
			 listed in
			 205
			 CMR 151.01(3)(g)  and which
			 is filed with the Commission and with fire department and police department of
			 the Host Community; or an update to such plan already filed pursuant to
			 205
			 CMR 151.01:
Issuance and Posting of
			 Operation Certificate
or
			 205
			 CMR 251.01(3)(d);
(iii) A copy of the certificate of occupancy
			 issued by a building commissioner or inspector of buildings of the host
			 community in accordance with 780 CMR 111.00:
Certificate of
			 Occupancy
that includes an approval under 521 CMR:
Architectural Access Board,
indicating the necessary use and
			 occupancy to operate the simulcasting facility; as well as copies of any other
			 permits required to be issued by the host community prior to the opening of a
			 like facility;
(iv) Compliance with
			 any other condition imposed by the Commission to secure the objectives of
			 M.G.L. c. 23N and 205 CMR.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 16.00 - Procedures for the Approval of A Simulcast-Only Facility › Section 16.10 - Application Fee

Current through Register 1525, July 5, 2024
(1)
General Provisions
.
(a) An applicant shall pay the Commission a
			 nonrefundable application fee of $25,000 to defray the costs associated with
			 the processing and review of the site approval application; provided, however,
			 that if the costs of processing and review exceed the initial application fee,
			 the applicant shall pay the additional amount to the Commission within 30 days
			 after notification of insufficient fees or the site approval application shall
			 be rejected.
(b) The applicant
			 shall pay the non-refundable application fee of $25,000 by certified check or
			 secure electronic funds transfer made payable to the "Massachusetts Gaming
			 Commission." The applicant shall submit this non-refundable application fee
			 with or before its site approval application.
(c) All required application fees shall be
			 non-refundable, due and payable notwithstanding the withdrawal or abandonment
			 of any site approval application.
(d) All fees in
			 205
			 CMR 16.10 shall be deposited into the Racing
			 Development and Oversight Trust Fund.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 16.00 - Procedures for the Approval of A Simulcast-Only Facility › Section 16.11 - Interaction with Other Provisions of 205 CMR

Current through Register 1525, July 5, 2024
The Commission shall not unreasonably withhold approval of
				elements of the licensee's proposed simulcasting facility that are consistent
				with information disclosed to and approved by the Commission in accordance with
				205 CMR 222, 238, or any other statute, regulation, license condition, or
				comparable source of authority administered by the
				Commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 101.00 - M.g.l. c. 23k Adjudicatory Proceedings › Section 101.02 - Review of Orders or Civil Administrative Penalties/Forfeitures Issued by the Bureau, Commission Staff, or the Racing Division

Current through Register 1525, July 5, 2024
(1) An aggrieved party may file a request for
			 review of an order, decision, or civil administrative penalty issued by the
			 Bureau, where applicable, relative to the interpretation or application of a
			 statute, regulation, or other applicable authority, or order, decision, or
			 forfeiture issued by the racing judges or stewards, other than those enumerated
			 in
			 205 CMR
			 101.01(2), with the clerk of
			 the Commission on a form provided by the clerk. A request for review shall not
			 operate as a stay of the order, decision, or civil administrative
			 penalty/forfeiture, unless specifically allowed by the hearing officer upon
			 motion of the aggrieved party. A request for a stay may be allowed at the
			 hearing officer's discretion if one or both of the following two circumstances
			 are present:
(a)
1. there is a likelihood that the party
			 seeking the stay will prevail on the merits of the case; and
2. there is a likelihood that the moving
			 party will be harmed irreparably absent a stay.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 101.00 - M.g.l. c. 23k Adjudicatory Proceedings › Section 101.03 - Review by the Commission of Decisions of the Hearing Officer

Current through Register 1525, July 5, 2024
(1) Any decision issued by a hearing officer
			 in accordance with
			 205
			 CMR 101.02 may be appealed to the Commission
			 for review. An appeal of the decision shall be filed with the clerk of the
			 Commission on a form provided by the clerk. An appeal shall not operate as a
			 stay of the decision of the hearing officer, unless specifically allowed by the
			 Commission upon motion of the appellant. A request for a stay may be allowed at
			 the Commission's discretion if one or both of the following two circumstances
			 are present:
(a)
1. there is a likelihood that the party
			 seeking the stay will prevail on the merits of the case; and
2. there is a likelihood that the moving
			 party will be harmed irreparably absent a stay.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 101.00 - M.g.l. c. 23k Adjudicatory Proceedings › Section 101.04 - Informal Disposition of an Adjudicatory Proceeding

Current through Register 1525, July 5, 2024
At any time during an adjudicatory proceeding before a hearing
				officer or the Commission, the parties may make informal disposition of any
				adjudicatory proceeding by stipulation, agreed settlement or consent order.
				Upon such a disposition, the parties are obligated to notify the hearing
				officer or Commission through a joint filing indicating that the matter has
				been resolved and that is signed by all parties and/or their
				representatives.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 102.00 - Construction And Application › Section 102.01 - Authority

Current through Register 1525, July 5, 2024
205 CMR
				101.00 through
				131.00 are issued pursuant
				to M.G.L. c. 23K, §§ 4(37) and 5, unless otherwise
				specified.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 102.00 - Construction And Application › Section 102.03 - Construction and Amendments

Current through Register 1525, July 5, 2024
(1) 205 CMR, shall
			 be construed in accordance with generally accepted principles of statutory
			 construction in the Commonwealth of Massachusetts, including those set forth in
			 M.G.L. c. 23K.
(2) 205 CMR shall be
			 liberally construed to permit the commission, the bureau, and their agents and
			 employees to effectively carry out their respective statutory functions and to
			 secure a just and expeditious determination of issues properly presented to the
			 commission and the bureau.
(3)
			 Nothing in 205 CMR shall be construed to conflict with any provision of M.G.L.
			 c. 23K.
(4)
Waivers and
			 Variances
.
(a)
General
. The commission may in its discretion waive or
			 grant a variance from any provision or requirement contained in 205 CMR, not
			 specifically required by law, where the commission finds that:
1. Granting the waiver or variance is
			 consistent with the purposes of M.G.L. c. 23K;
2. Granting the waiver or variance will not
			 interfere with the ability of the commission or the bureau to fulfill its
			 duties;
3. Granting the waiver or
			 variance will not adversely affect the public interest; and
4. Not granting the waiver or variance would
			 cause a substantial hardship to the person requesting the waiver or
			 variance.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 102.00 - Construction And Application › Section 102.04 - Words and Terms; Tense, Number and Gender

Current through Register 1525, July 5, 2024
In construing
				205 CMR
				101.00 through
				131.00, except when
				otherwise plainly declared or clearly apparent from the context: words in the
				present tense shall include the future tense; words in the masculine shall
				include the feminine and neuter genders; and words in the singular shall
				include the plural and the plural shall include the singular.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 102.00 - Construction And Application › Section 102.05 - Computation of Time

Current through Register 1525, July 5, 2024
(1) Unless
			 specified otherwise, computation of any time period referred to in
			 205 CMR
			 101.00 through
			 131.00 shall begin with the
			 first day following the act which initiates the running of the time period. The
			 last day of the time period is to be included, unless it is a Saturday, Sunday,
			 or legal holiday in which event the period shall run until the end of the next
			 business day. When the time period is seven days or less, intervening
			 Saturdays, Sundays, or legal holidays shall be excluded in the computation.
			 When a time period is greater than seven days each intervening calendar day
			 shall be included in the computation.
(2) Whenever a provision of
			 205 CMR
			 101.00 through
			 131.00 requires that an act
			 or event occur on a specified day or date, and such day or date falls upon a
			 Saturday or Sunday or legal holiday, such provision shall be construed to refer
			 to the next business day immediately following such day or date.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 102.00 - Construction And Application › Section 102.06 - Matters Not Provided For

Current through Register 1525, July 5, 2024
In recognition of the inherent difficulty of drafting
				functional regulations that contemplate every situation that may arise in the
				regulation of gaming in the Commonwealth,
				205
				CMR 102.06 provides the Commission, the IEB,
				and Commission staff, with reasonable discretion to ensure that all issues that
				may arise in the enforcement of 205 CMR may be appropriately addressed. Matters
				not specifically provided for in 205 CMR regarding the licensing of a gaming
				establishment, individual, or vendor, or the operation of a gaming
				establishment, shall be determined by the Commission or, where applicable, IEB
				or Commission staff in a manner consistent with the principles set forth in
				M.G.L. c. 23K, § 1. If this provision is used, the Commission, IEB, or
				Commission staff shall make a written determination setting forth the rationale
				therefor. Such determination shall be presented to the
				Commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 102.00 - Construction And Application › Section 102.07 - Legal Challenges

Current through Register 1525, July 5, 2024
No person or local governmental entity may challenge or seek to
				enjoin commission action based solely on a claim that an applicant failed to
				adhere to one or more provisions of205 CMR 102.00 through
				128.00 or that the
				commission did not require the applicant to do so; provided further that no
				person or local governmental entity may challenge any action taken by any party
				before the promulgation of
				205 CMR
				118.00 through
				131.00 based on a failure to
				comply with a provision of
				205 CMR
				118.00 through
				131.00 so long as such
				action complied with the provisions of M.G.L. c. 23K.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 103.00 - Reserved

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
205 CMR 103.00: M.G.L. c. 4, § 7; c. 6, §§ 167
				through 178Q; c. 23K, §§ 4(37); 5; 9(b); 21(a)(7); c. 30A, § 21:
				c. 66, § 10; c. 66A, § 1; and c. 93H, § 1.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 104.00 - Delegation Of Authority › Section 104.01 - Delegation of Commission Authority

Current through Register 1525, July 5, 2024
(1) Subject
			 to M.G.L. chs. 23K and 30A, the commission may, in its discretion, delegate the
			 authority of the commission to perform any of its functions under M.G.L. c. 23K
			 or
			 205 CMR 101.00 through
			 131.00, with the exception
			 of final decisions regarding Phase 1 and Phase 2 determinations of
			 qualification for gaming licenses, to a commissioner or commissioners, or to
			 the executive director, the bureau, the deputy director, or any other employee
			 of the commission, on such terms and conditions as the commission may specify.
			 Any action taken and determination made pursuant to such delegation shall not
			 require further approval, ratification or other action by the
			 commission.
(2) All delegations of
			 commission authority made pursuant to 205 CMR 104.01(1) shall remain in effect
			 until amended, suspended, modified or revoked by the commission.
(3) The commission may review, reconsider,
			 amend, modify, suspend or revoke any action taken or determination made
			 pursuant to such delegation.
(4)
			 Whenever M.G.L. c. 23K or
			 205 CMR 101.00 through
			 131.00 requires that the
			 commission provide notice of an action taken or determination made, and such
			 action is taken or determination is made pursuant to delegation pursuant to 205
			 CMR 104.01(1), such notice shall be provided by the individual or entity
			 exercising delegated authority.
(5)
			 In any delegation to the bureau, pursuant to M.G.L. c. 23K, § 4(32), the
			 commission shall not place any restriction upon the bureau's ability to
			 investigate or prosecute violations of M.G.L. c. 23K or 205 CMR.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 104.00 - Delegation Of Authority › Section 104.02 - Delegation of Chair's Authority

Current through Register 1525, July 5, 2024
(1) The chair
			 may, in his or her discretion, delegate to another commissioner or
			 commissioners or to the executive director the authority of the chair to
			 perform any of his or her duties and responsibilities under M.G.L. c. 23K or
			 205 CMR.
(2) All delegations of
			 made pursuant to 205 CMR 104.02(1) shall remain in effect until amended,
			 suspended, modified or revoked by the chair.
(3) The chair may, on his or her own
			 initiative, review, reconsider, amend, modify, suspend or revoke any action
			 taken or determination made pursuant to such delegation.
(4) Whenever M.G.L. c. 23K or
			 205 CMR 101.00 through
			 131.00 requires that the
			 chair provide notice of an action taken or determination made, and such action
			 is taken or determination is made pursuant to delegation pursuant to 205 CMR
			 104.02(1), such notice shall be provided by the individual exercising delegated
			 authority.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 105.00 - Investigations And Enforcement Bureau › Section 105.01 - Bureau Duties and Responsibilities

Current through Register 1525, July 5, 2024
(1) The
			 bureau shall be the primary enforcement agent for regulatory matters under
			 M.G.L. chs. 23K and 23N, and 205 CMR and shall have all of the powers and
			 duties of the bureau enumerated in St. 2011, c. 194, M.G.L. c. 23K and 205
			 CMR.
(2) The bureau shall be under
			 the supervision and control of the deputy director who shall be the executive
			 and administrative head of the bureau and shall be responsible for
			 administering and enforcing the laws relative to the bureau and to each
			 administrative unit of the bureau. The duties of the deputy director shall be
			 exercised and discharged subject to the direction, control and supervision of
			 the chair or to the executive director by appropriate delegation of authority
			 pursuant to
			 205
			 CMR 104.02:
Delegation of Chair's
			 Authority.
(3) The bureau
			 shall be a law enforcement agency and its employees shall have such law
			 enforcement powers as necessary to effectuate the purposes of M.G.L. chs. 23K
			 and 23N, including the power to receive intelligence on an applicant or
			 licensee, and to investigate any suspected violations of M.G.L. chs. 23K and
			 23N.
(4) With respect to the
			 investigation and enforcement of gaming establishments and licensees, sports
			 wagering temporary licensees, and sports wagering operators, the bureau may
			 obtain or provide pertinent information regarding applicants, licensees, or
			 operators from or to law enforcement entities or gaming authorities and other
			 domestic, federal or foreign jurisdictions, including the Federal Bureau of
			 Investigation, and may transmit such information to each other electronically
			 or
via
other secure methods.
(5) The bureau shall conduct investigations
			 into the qualifications and suitability of all applicants, qualifiers and other
			 persons required to be registered or investigated in connection with any form
			 of license or registration pursuant to M.G.L. chs. 23K, 23N and 205 CMR.
			 including without limitation an investigation of qualifications and suitability
			 to hold a gaming or sports wagering operator license pursuant to M.G.L. chs.
			 23K and 23N.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 105.00 - Investigations And Enforcement Bureau › Section 105.02 - Subpoena Power

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 23K, § 4(31), M.G.L. c. 23N, § 4(h) and M.G.L. c. 30A,
			 § 12, the deputy director is authorized in the name of the commission to
			 issue subpoenas, in the conduct of investigations and adjudicatory proceedings,
			 to compel the attendance of witnesses and to produce documents and records,
			 including, but not limited to, written materials, materials maintained and
			 stored in any form of documentary or electronic media, internet, intranet,
			 other electronic, analog or digital formats, and at any place or virtual
			 location within the Commonwealth of Massachusetts.
(2) Subpoenas pursuant to
			 205
			 CMR 105.02(1)  concerning an
			 adjudicatory proceeding shall be issued in accordance with M.G.L. c. 30A,
			 § 12, and
			 205 CMR
			 101.00:
M.G.L. c. 23K Adjudicatory
			 Proceedings.
(3) Subpoenas
			 pursuant to
			 205
			 CMR 105.02(1)  may be served
			 by bureau employees and agents, including contractor investigators.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 105.00 - Investigations And Enforcement Bureau › Section 105.03 - Authority to Require Testimony under Oath

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 23K, § 4(31), M.G.L. c. 23N, §
				4(h) and M.G.L. c. 30A, § 12, the deputy director may designate specific
				bureau employees and agents, including contractor investigators, to require
				testimony under oath in bureau investigations and hearings.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 105.00 - Investigations And Enforcement Bureau › Section 105.04 - Orders and Directives

Current through Register 1525, July 5, 2024
The bureau shall have power and authority, without limitation,
				to issue orders and require compliance pursuant to and in accordance with
				M.G.L. c. 23K, § 35 and M.G.L. c. 23N, § 4(g).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 105.00 - Investigations And Enforcement Bureau › Section 105.05 - Civil Penalties

Current through Register 1525, July 5, 2024
The bureau shall have power and authority, without limitation,
				to assess a civil administrative penalty pursuant to and in accordance with
				M.G.L. c. 23K, § 36 and M.G.L. c. 23N, § 16.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 105.00 - Investigations And Enforcement Bureau › Section 105.06 - Seizure of Unlawful Devices, Games or Machines

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 23K, § 42, any device, game, gaming
				device, or equipment or material used for sports wagering possessed, used,
				manufactured, distributed, sold or serviced in violation of M.G.L. chs. 23K,
				23N or 205 CMR, shall be subject to seizure and forfeiture by the division or
				the bureau. Forfeiture proceedings shall be conducted as provided in M.G.L c.
				94C, § 47(b) through (j). For purposes of M.G.L. c. 94C, § 47(d) and
				M.G.L. c. 271A, § 3, the commission shall be considered a police
				department and shall be entitled to a police departments distribution of
				forfeiture proceedings.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 105.00 - Investigations And Enforcement Bureau › Section 105.07 - Coordination with the Massachusetts State Police

Current through Register 1525, July 5, 2024
The bureau will coordinate with the Gaming and Enforcement Unit
				in accordance with the provisions of M.G.L. chs. 22C, § 70, M.G.L. c. 23K,
				§ 6, M.G.L. chs. 23N, § 11(d) and M.G.L. c. 12, §
				11M.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 105.00 - Investigations And Enforcement Bureau › Section 105.08 - Coordination with the Massachusetts Attorney General

Current through Register 1525, July 5, 2024
The bureau will coordinate with the Division in accordance with
				the provisions of M.G.L. c. 12, § 11M, M.G.L. c. 22C, § 70, and
				M.G.L. c. 23K and M.G.L. c. 23N, §§ 4(g) and 11(d).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 105.00 - Investigations And Enforcement Bureau › Section 105.09 - Coordination with the Massachusetts Alcoholic Beverages Control Commission

Current through Register 1525, July 5, 2024
The bureau will coordinate with the Gaming Liquor Enforcement
				Unit of the Massachusetts Alcoholic Beverages Control Commission in accordance
				with the provisions of M.G.L. c. 10, § 72A and M.G.L. chs. 23K and
				23N.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 106.00 - Information and Filings › Section 106.01 - Offices; Hours

Current through Register 1525, July 5, 2024
The commission will post on its website and update the address
				of the main office and the office hours of the commission and the bureau and
				the address and contact information for public information about the
				commission.