Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 101.00 - M.g.l. c. 23k Adjudicatory Proceedings › Section 101.01 - Hearings Before the Commission

Current through Register 1525, July 5, 2024
(1) Hearings held
			 before the full commission pursuant to 205 CMR 101.01 shall be adjudicatory
			 proceedings conducted in accordance with M.G.L. c. 30A, §§ 10 and 11.
			 All hearings shall be further held under
			 205 CMR 101.00, as
			 applicable, and
			 801 CMR
			 1.02:
Informal/Fair Hearing
			 Rules,
unless the applicant/petitioner makes a written request for a
			 hearing under
			 801 CMR 1.01:
Formal Rules.
In that event the commission shall determine,
			 based on the facts and circumstances of the matter, whether
			 801 CMR 1.01 or
			 1.02
			 will apply in order to ensure a fair outcome. Such determination shall be based
			 on such factors as the complexity of the issues presented, whether all parties
			 are represented by counsel, and similar considerations. Conflicts between
			 801 CMR 1.01 or
			 1.02
			 and
			 205 CMR 101.00 shall be
			 resolved in favor of
			 205 CMR 101.00. If the
			 commission grants a request for a hearing to be held pursuant to
			 801 CMR 1.01, the
			 provisions of
			 801 CMR 1.01(1), (2), (3), (5), (6),
			 (11) and (14) shall not apply.
(2) The following types of adjudicatory
			 hearings shall be held directly, in the first instance, by the commission:
(a) Suitability hearings before the
			 commission pursuant to M.G.L. c. 23K, § 17(f), concerning any findings of
			 fact, recommendations and/or recommended conditions by the Bureau relative to
			 the suitability of the applicant for an initial gaming license or renewal of a
			 gaming license, including without limitation, recommendations and recommended
			 conditions resulting from the RFA-1 or new qualifier process pursuant to
			 205 CMR 115.00:
Phase 1 and New Qualifier Suitability Determinations, Standards and
			 Procedures.
(b) Hearings
			 regarding the failure of a gaming licensee or qualifier to maintain adequate
			 suitability as set forth in
			 205 CMR
			 115.01(4)  and any adverse
			 action taken against a gaming licensee or qualifier as a result of said
			 failure.
(c) Hearings regarding the
			 termination, revocation or suspension of a category 1 or category 2 gaming
			 license issued by the commission pursuant to M.G.L. c. 23K, and/or the addition
			 or modification of a condition thereto, or the termination, revocation or
			 suspension of a license to conduct a racing meeting pursuant to M.G.L. c.
			 128A.
(d) Hearings regarding the
			 transfer of a category 1 or category 2 gaming license or the transfer of a
			 license to conduct a racing meeting or related to the transfer of interest in a
			 category 1 or category 2 gaming license or gaming establishment in accordance
			 with
			 205 CMR 116.08 through
			 116.10;
(e) Hearings regarding the assessment of a
			 civil administrative penalty pursuant to M.G.L. c. 23K, § 36, against a
			 category 1 or category 2 gaming licensee or a racing meeting
			 licensee.
(f) Hearings regarding
			 the approval or amendment of the gaming licensee's Operation Certificate as
			 discussed in
			 205 CMR 151.00:
Requirements for the Operations and Conduct of Gaming at a Gaming
			 Establishment;
(g) For
			 purposes of reviewing a petition to reopen a mitigation agreement in accordance
			 with
			 205
			 CMR 127.04:
Commission Review of a
			 Petition to Reopen a Mitigation Agreement.
(h) Any challenge to the certification or
			 denial of certification of an independent testing laboratory in accordance with
			 205 CMR
			 144.06:
Independent Testing
			 Laboratory Certification and Auditing.
(i) Any challenge to the certification or
			 denial of certification as a gaming school in accordance with
			 205 CMR
			 137.01(4).
(j) Review of an application for a gaming
			 beverage license, or request to amend, alter, or add a licensed area, pursuant
			 to
			 205 CMR
			 136.03(4).