New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 10 - CONDUCT OF GAMING ACTIVITY UNDER THE GAMING CONTROL ACT › Section 15.1.10.28 - PATRON DISPUTES (NON-PROFITS/ RACETRACKS ONLY)

Current through Register Vol. 35, No. 13, July 16, 2024
In the event a dispute arises with a patron concerning
				  payment of alleged winnings or promotional prizes including any jackpot or
				  credits, the gaming operator licensee ("licensee") and the patron shall abide
				  by the following procedures:
A. the
				licensee shall provide the patron with a patron dispute form at the time of the
				dispute. The patron dispute form and contact information for the enforcement
				division can be located on the board's website.
B. the patron and licensee shall complete the
				patron dispute form immediately, except for good cause shown.
C. within 24 hours of a dispute valued at
				five hundred dollars ($500) or more, the licensee shall notify the enforcement
				division, by contacting the agent assigned to the licensee, via telephone and
				electronic mail.
D. whereas, if the
				dispute is valued at less than five hundred dollars ($500), then the initial
				burden shall be on the patron to notify the enforcement division within 24
				hours of the dispute, by contacting the enforcement division at the telephone
				number or electronic mail address as located on the patron dispute form. The
				enforcement division shall then contact the licensee so that both parties can
				comply with the remaining procedures as set forth herein.
E. within 72 hours of the dispute, the
				licensee and patron shall separately submit a copy of the patron dispute form
				to the enforcement division, via facsimile, electronic mail, or U.S.
				mail.
F. in the event of any
				unresolved patron dispute concerning payment of alleged winnings or promotional
				prizes including any jackpot or credits valued at five hundred dollars ($500)
				or more on a gaming machine, the licensee shall immediately remove the game
				from play, and secure it until such time as an agent of the board has inspected
				the machine and released it for further play.
G. the licensee shall maintain relevant
				information, including the retention of video surveillance, history reports,
				slot accounting reports, machine meters, photographs of screen shots, and any
				other documentation that would prove relevant in resolving the
				dispute.
H. if a critical memory
				clear is needed, it shall not be performed until the patron dispute is resolved
				and the reset is authorized by an agent of the board.
I. an agent of the board shall conduct
				whatever investigation it deems necessary and shall determine whether payment
				should be made to the patron. An agent of the board may conduct a reasonable
				investigation and report to the board for a final decision.
J. an agent of the board shall complete its
				investigation within 30 days of having received the patron dispute form from
				both the licensee and patron.
K. an
				agent of the board shall notify the licensee and patron in writing of the
				board's decision regarding the dispute within 60 days of receipt of the patron
				dispute form from both the licensee and patron.
L. it is a violation of this rule for a
				licensee to fail to notify the board of an unresolved patron dispute valued at
				five hundred dollars ($500) or more within 24 hours; for a licensee to fail to
				provide the patron with the patron dispute form; for a licensee to fail to
				comply with all other provisions contained herein; or for the licensee to fail
				to pay the patron within 15 days after an adverse decision by the board unless
				the licensee appeals the decision.
M. failure to follow the above procedures may
				adversely affect that party's claim.