reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 7 - CONDUCT OF BINGO › Section 15.4.7.10 - SALE OF BINGO CARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Sale
				and use of bingo cards:
(1) bingo cards shall
				not be sold on credit or purchased with credit cards;
(2) a debit card issued by a banking
				institution or credit union may be used as a means of payment;
(3) each licensee that accepts payment by
				debit card must maintain records to substantiate all transactions;
(4) all debit card transactions must be
				reported on the quarterly reports covering the time period in which the
				transactions occurred;
(2) all
				sales of bingo cards shall take place upon the premises and at the time of that
				bingo occasion;
(3) no bingo cards
				shall be set aside or reserved for any person;
(4) if a master card or admittance card is
				required in order to play bingo, then no extra cards will be sold to a player
				who has not purchased a master or admittance card;
(5) all bingo cards other than promotional
				cards shall be sold at a set price; the price of each type of card shall remain
				fixed and may only be altered by requested amendment of the license subject to
				approval by the board or its agents, and shall be posted; and
(6) if each person playing bingo is required
				to purchase a master card and is allowed to play extra cards in the same game,
				then the prize to be awarded on the master card and the extra cards shall be
				posted by the licensee at the beginning of each game.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 7 - CONDUCT OF BINGO › Section 15.4.7.11 - CONDUCT DURING BINGO GAMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The caller shall:
(1) announce whether last ball called is or
				is not required;
(2) remove and
				hold only one ball at a time from the blower;
(3) call all letters and numbers clearly
				twice to all players present during the occasion;
(4) immediately following the calling of each
				number in a bingo game, the caller shall turn the portion of the ball, which
				shows the number and the letter to the players in the game so they may know
				that the proper number has been called;
(5) upon discovering that a number has been
				called incorrectly:
(a) the game shall
				immediately stop;
(b) the caller
				shall announce "an error has been made, I am reading the correct number, please
				correct your card"; and
(c) then
				correct the board and continue with the game.
(6) not return a ball to any part of the
				blower until the conclusion of the game.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 7 - CONDUCT OF BINGO › Section 15.4.7.12 - RECORD OF NUMBERS DRAWN

Current through Register Vol. 35, No. 13, July 16, 2024
A written record shall be compiled and retained by the
				  licensee for a period of 60 days of all bingo numbers, in the order the numbers
				  are called, when the bingo game payoff is $600 or more.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 8 - CONDUCT OF RAFFLE › Section 15.4.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons subject to regulations
				  promulgated under the New Mexico Bingo and Raffle Act by the New Mexico gaming
				  control board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 8 - CONDUCT OF RAFFLE › Section 15.4.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from the New Mexico Bingo
				  and Raffle Act Section
				  60-2F-3
				  NMSA 1978. Subsection H of Section
				  60-2F-6
				  NMSA 1978 authorizes the board to adopt rules to implement the New Mexico Bingo
				  and Raffle Act and to ensure that games of chance conducted in New Mexico are
				  conducted with fairness and that the participants and patrons are protected
				  against illegal practices on any premises.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 8 - CONDUCT OF RAFFLE › Section 15.4.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 23, 2021, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 8 - CONDUCT OF RAFFLE › Section 15.4.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes standards for the conduct of raffle
				  authorized by the New Mexico Bingo and Raffle Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 8 - CONDUCT OF RAFFLE › Section 15.4.8.8 - RAFFLE CONTROLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				licensee shall maintain a valid copy of a raffle ticket for each raffle
				conducted.
B. All proceeds
				including donations and gifts shall be reported as gross receipts under the
				act.
C. Each raffle ticket and all
				promotional material concerning the raffle, shall conspicuously state whether
				or not the ticket holder is required to be present at the raffle drawing in
				order to win prizes.
D. Raffle
				tickets shall not be discounted and must be sold for the same price.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 8 - CONDUCT OF RAFFLE › Section 15.4.8.9 - RAFFLE OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				raffle tickets sold shall have a representation (stub) in the container prior
				to the start of the draw. No unsold raffle tickets shall have a representation
				(stub) in the container.
B. The
				drawing shall be open to all ticket holders.
C. The rules of the drawing shall be
				conspicuously posted in the immediate area of the device from which the draw
				occurs and will identify what a winning draw is.
D. When more than one prize is to be awarded
				the prize shall be announced immediately preceding the drawing of each winning
				ticket.
E. Prize substitutions are
				not allowed.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 8 - CONDUCT OF RAFFLE › Section 15.4.8.10 - SPLIT RAFFLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				split is other than fifty-fifty, the winner's share shall be the first value of
				the expression.
B. All tickets
				sales and the drawing of the winner(s) shall occur at the same location on the
				same day.
C. There shall be a
				period of sufficient duration between the last ticket sold and the drawing so
				that the number of tickets sold and the prize(s) can be determined and
				announced.
D. The number of chances
				sold and the prize(s) shall be announced prior to the drawing of the
				winner(s).
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 8 - CONDUCT OF RAFFLE › Section 15.4.8.11 - $75,000 OR MORE RAFFLES

Current through Register Vol. 35, No. 13, July 16, 2024
Licensee shall meet all the conditions described in
				  15.4.8.9 NMAC
				  and the following requirements:
A.
				shall notify the board on a form prescribed by the board 10 days prior to any
				public notice; and
B. shall report
				to board on a form prescribed by the board within three days of drawing the
				winner(s) name, address and phone number.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 8 - CONDUCT OF RAFFLE › Section 15.4.8.12 - PAYMENT OF WINNINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Prizes shall be tendered in accordance with the specifications on the raffle
				ticket.
B. In the event that the
				winner does not accept a prize and:
(1) is
				present at the drawing a second drawing shall be made; or
(2) is not required to be and is not present
				at the drawing:
(a) the licensee shall obtain
				a written and signed letter declining the prize;
(b) the licensee shall notify the board;
				and
(c) the licensee may dispose of
				the prize in a manner they deem appropriate.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 8 - CONDUCT OF RAFFLE › Section 15.4.8.13 - RAFFLE RECORDS TO BE KEPT

Current through Register Vol. 35, No. 13, July 16, 2024
The following records shall be maintained:
A. the number of tickets available at the
				beginning of the event, if limited;
B. the number of tickets sold;
C. the date ticket sales began and
				ended;
D. the date and time the
				drawing was conducted;
E. the
				winner(s) contact information; and
F. any required IRS reporting
				documents.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 9 - CONDUCT OF PULL-TABS › Section 15.4.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons subject to regulations
				  promulgated under the New Mexico Bingo and Raffle Act by the New Mexico gaming
				  control board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 9 - CONDUCT OF PULL-TABS › Section 15.4.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from the New Mexico Bingo
				  and Raffle Act Section
				  60-2F-3
				  NMSA 1978. Subsection H of Section
				  60-2F-6
				  NMSA 1978 authorizes the board to adopt rules to implement the New Mexico Bingo
				  and Raffle Act and to ensure that games of chance conducted in New Mexico are
				  conducted with fairness and that the participants and patrons are protected
				  against illegal practices on any premises.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 9 - CONDUCT OF PULL-TABS › Section 15.4.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 23, 2021, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 9 - CONDUCT OF PULL-TABS › Section 15.4.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the conduct of pull-tabs authorized by
				  the New Mexico Bingo and Raffle Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 9 - CONDUCT OF PULL-TABS › Section 15.4.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
See
				  15.4.1.7
				  NMAC for applicable definitions.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 9 - CONDUCT OF PULL-TABS › Section 15.4.9.8 - PULL-TAB GAME CONTROLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				licensee shall not share a deal with any other licensee.
B. A licensee may simultaneously operate
				separate deals at the same location and may operate the same deal at different
				location on the licensed premises.
C. A deal shall not be combined with any
				other deals when doing so creates the appearance of a new or more complete
				deal.
D. A deal shall not be
				divided and sold in different locations or at different times when doing so
				creates the appearance of a greater than actual number of winning
				pieces.
E. Second chance games, in
				which non-winning pull-tabs are entered into a drawing, shall adhere to 15.4.8
				NMAC.
F. A pay out schedule for
				each deal shall be posted in the immediate area where the pull-tabs from that
				deal are being sold and shall contain:
(1) the
				serial number;
(2) the
				size;
(3) the predetermined number
				of winners; and
(4) the prize
				amounts of the winners.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 10 - ACCOUNTING REQUIREMENTS › Section 15.4.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons subject to regulations
				  promulgated under the New Mexico Bingo and Raffle Act by the New Mexico gaming
				  control board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 10 - ACCOUNTING REQUIREMENTS › Section 15.4.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from the New Mexico Bingo
				  and Raffle Act Section
				  60-2F-3
				  NMSA 1978. Subsection H of Section
				  60-2F-6
				  NMSA 1978 authorizes the board to adopt rules to implement the New Mexico Bingo
				  and Raffle Act and to ensure that games of chance conducted in New Mexico are
				  conducted with fairness and that the participants and patrons are protected
				  against illegal practices on any premises.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 10 - ACCOUNTING REQUIREMENTS › Section 15.4.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 23, 2021, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 10 - ACCOUNTING REQUIREMENTS › Section 15.4.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes standards for accounting and financial
				  reporting procedures for bingo, raffle and pull-tab licensees under the New
				  Mexico Bingo and Raffle Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 10 - ACCOUNTING REQUIREMENTS › Section 15.4.10.8 - AUDIT PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board or its agents shall:
(1) conduct audits
				on quarterly report forms and supporting documents, periodic and special audits
				or reviews of the books and records of licensees, examine the books and records
				of any licensee when conditions indicate the need for such action or upon the
				request of the board;
(2) review
				and observe methods and procedures used by licensees, which can include the
				counting or handling cash or cash instruments; and
(3) determine each licensee's compliance with
				the act and board rules.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 10 - ACCOUNTING REQUIREMENTS › Section 15.4.10.10 - QUARTERLY REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				licensee shall submit quarterly bingo and raffle activity reports for all games
				of chance on the prescribed forms on or before but no later than the 25th day
				of April, July, October and January. If any due date falls on Saturday, Sunday
				or legal holiday, the due date is the next business day.
B. Licensees shall provide bank statements,
				images of the front of all cleared checks, and images of the front of all
				deposit slips for the period that corresponds with each report.
C. Each quarterly report shall be submitted
				with the required supporting documentation in the following order:
(1) quarterly report form;
(2) supplement forms;
(3) bank statements for each month;
(4) copies of all check images and deposit
				slip images; and
(5) copy of
				quarterly tax coupon.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 10 - ACCOUNTING REQUIREMENTS › Section 15.4.10.11 - REPORTING AND PAYMENT PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each licensee shall prepare an approved
				record covering each game of chance. This approved record shall disclose the
				following information:
(1) gross receipts
				collected from the sale of all bingo cards, pull-tabs or raffle
				tickets;
(2) the retail value of
				all promotional games;
(3) cash on
				hand at the commencement and at the conclusion of each occasion;
(4) signature of the bingo manager who
				oversees the occasion on all paperwork; and
(5) name, signature, and assigned duties of
				each employee for each occasion.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 10 - ACCOUNTING REQUIREMENTS › Section 15.4.10.12 - RETENTION OF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The licensee shall maintain all records required pursuant to
				  15.4.1.12
				  NMAC.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 11 - VARIANCE PROCEDURES › Section 15.4.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons subject to regulations
				  promulgated under the New Mexico Bingo and Raffle Act by the New Mexico gaming
				  control board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 11 - VARIANCE PROCEDURES › Section 15.4.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from the New Mexico Bingo and
				  Raffle Act Section
				  60-2F-3
				  NMSA 1978. Subsection H of Section
				  60-2F-6
				  NMSA 1978 authorizes the board to adopt rules to implement the New Mexico Bingo
				  and Raffle Act and to ensure that games of chance conducted in New Mexico are
				  conducted with fairness and that the participants and patrons are protected
				  against illegal practices on any premises.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 11 - VARIANCE PROCEDURES › Section 15.4.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 23, 2021, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 11 - VARIANCE PROCEDURES › Section 15.4.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes procedures for requesting a temporary
				  exemption to any rule within 15.4 NMAC that is not directed by the
				  act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 11 - VARIANCE PROCEDURES › Section 15.4.11.8 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Licensee may seek a variance of limited provisions of the
				  New Mexico Bingo and Raffle Rules 15.4 NMAC.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 11 - VARIANCE PROCEDURES › Section 15.4.11.9 - VARIANCE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				bingo manager may submit a variance request on a form prescribed by the board,
				that shall include the licensee's name, license number, address, contact
				information and the specific part of 15.4 NMAC which the variance is being
				sought.
B. The board shall not
				grant a variance to any provision of the act.
C. The board or its agent shall review the
				request and respond to the licensee in writing within 30 days of the
				request.
D. Factors the board may
				consider when granting or denying a variance request include but are not
				limited to:
(1) impact on game
				integrity;
(2) annual gross
				receipts;
(3) proximity of licensed
				premise:
(a) to the financial institution
				holding the operating account;
(b)
				to licensed distributor; and
(c) to
				another licensee's licensed premise;
(4) number of occasions per annum;
(5) staff, volunteer or paid; and
(6) regulatory compliance history.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 11 - VARIANCE PROCEDURES › Section 15.4.11.10 - APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
The bingo manager may submit an appeal of a denial of a
				  variance request to the board in writing within 30 days of notification of
				  denial. The appeal shall comply with Subsection A of
				  15.4.14.9
				  NMAC.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons subject to revocation or
				  suspension of a license or permit, disciplinary or other enforcement action
				  under the New Mexico Bingo and Raffle Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from the New Mexico Bingo
				  and Raffle Act Section
				  60-2F-3
				  NMSA 1978. Subsection F of Section
				  60-2F-6
				  NMSA 1978 authorizes the board to appoint a hearing officer.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 23, 2021, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the guidelines and procedures for the
				  conduct of enforcement proceedings initiated by the board under the New Mexico
				  Bingo and Raffle Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of this Part 15.4.12 NMAC, "party" means each
				  person named or admitted as a party to a proceeding before the board or its
				  duly appointed hearing examiner.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.8 - PUBLIC HEARINGS; LOCATION; HEARING EXAMINER

Current through Register Vol. 35, No. 13, July 16, 2024
A. All hearings held pursuant to Section
				60-2F-23
				NMSA 1978 will be conducted by a hearing examiner duly appointed by the
				board.
B. Except for telephonic
				hearings, the location of the hearing shall be at the office of the board
				unless either party makes a written request to have the hearing conducted in
				the place or area affected.
C. All
				hearings held pursuant to the act shall be open to the public.
D. The hearing shall be recorded on audiotape
				or other means of sound reproduction, or by a certified court
				reporter.
E. Any hearing provided
				for in this rule may be held telephonically, in the interest of a speedy
				resolution.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.9 - SUMMONING OF LICENSEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board may summon any licensee, or its agents or employees, to appear to testify
				before the board or its agents concerning the conduct of a licensee or any of
				the licensee's agents or employees. All such testimony shall be given under
				oath and may cover any matter the board determines is relevant to the discharge
				of its duties.
B. Any person who is
				summoned to appear before the board or its agents has the right to be
				represented by legal counsel. Any testimony taken may be used by the board as
				evidence in any proceeding or matter then before it or which may later come
				before it. Failure to appear and testify at the designated time and place,
				unless excused by the board, constitutes grounds for the revocation or
				suspension of any license held by the person summoned, their principal, or
				employer.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.10 - INITIATION OF HEARING; CONTENTS OF COMPLAINT; SERVICE, ANSWER

Current through Register Vol. 35, No. 13, July 16, 2024
A. If after
				investigation the board determines that a license, permit or other prior
				approval by the board should be limited, conditioned, suspended or revoked, or
				that a fine should be assessed, the board shall initiate a hearing by issuing a
				complaint.
B. The complaint shall
				consist of a written statement that describes the acts or omissions with which
				the respondent is charged and the specific statutes or rules that the
				respondent is alleged to have violated or other grounds for the
				complaint.
C. The board shall serve
				the complaint, together with a summary of evidence in the board's possession
				and a transcript of testimony at any investigative hearing conducted in the
				matter, upon the licensee. Service and proof of service shall be made in any
				manner permitted by the New Mexico rules of civil procedure for the district
				courts.
D. The respondent shall
				file a written answer with the board within 30 days of service of the
				complaint.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.11 - RECORD OF PROCEEDING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				record of the proceeding will include:
(1) all
				pleadings, motions, and intermediate rulings;
(2) evidence received or
				considered;
(3) a statement of
				matters officially noticed;
(4)
				questions and offers of proof, objections and rulings thereon;
(5) proposed findings and conclusions;
				and
(6) any action recommended by
				the hearing examiner.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.12 - DISCOVERY; SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board may, subject to the rules of privilege and confidentiality recognized by
				law, require the furnishing of information, the attendance of witnesses, and
				the production of books, records, papers or other objects necessary and proper
				for the purposes before it, and may take the deposition of witnesses, including
				parties.
B. The board may issue
				subpoenas requiring the attendance and testimony of witnesses and the
				production of any evidence, including books, records, correspondence or
				documents, relating to any matter in question in the proceeding. Subpoenas to
				compel any person to appear at a deposition or at a hearing on the merits of
				the matter shall be served no later than 10 calendar days before the deposition
				or hearing unless good cause is shown by the party requesting the
				subpoena.
C. The subpoena shall
				state with reasonable specificity the nature of the evidence required to be
				produced, the time and place of the hearing or deposition, the nature of the
				inquiry or investigation, and the consequences of failure to obey the subpoena.
				The subpoena shall be signed and attested to by the board or its
				designee.
D. Witnesses summoned
				shall be paid the same fees for attendance and travel as in civil actions in
				the state district court unless otherwise provided for by law.
E. Any party to the proceeding may request
				issuance of a subpoena by the board in connection with the proceeding. The
				board shall issue the subpoena upon written application to the board. The
				subpoena will show on its face the name and address of the party at whose
				request the subpoena was issued.
F.
				Any witness summoned may petition the board to vacate or modify the subpoena
				served on the witness. The board shall give prompt notice to the party, if any,
				who requested service of the subpoena. The board may grant the petition in
				whole or in part if, after the investigation it deems appropriate, the board
				determines that:
(1) the testimony or evidence
				to be produced does not reasonably relate to any matter in question;
(2) the testimony or evidence to be produced
				is unreasonable or oppressive;
(3)
				the subpoena was not issued a reasonable period of time in advance of the time
				when evidence is requested; or
(4)
				any other reason justifies vacating or modifying the subpoena.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.13 - FAILURE OR REFUSAL TO TESTIFY

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a respondent fails to testify in its
				own behalf or asserts a claim of privilege with respect to any question
				presented to the respondent, the hearing examiner may infer from such refusal
				that the testimony or answer would have been adverse in the respondent's
				case.
B. If any affiliate, holding
				company, employee, or agent of a respondent fails to respond to a subpoena or
				asserts a claim of privilege with respect to any question presented, the
				hearing examiner, after considering all of the circumstances, may infer that
				such testimony would have been adverse to the respondent.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.14 - PROCEDURES; EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				respondent may be represented by any person licensed to practice law in the
				state. An individual respondent may represent himself.
B. The rules of evidence as applied in the
				courts do not apply in these proceedings. Any relevant evidence may be
				admitted, and such evidence shall be sufficient in itself to support a finding
				if it is reliable, regardless of the existence of any statutory or common law
				rule that might make admission of such evidence improper in a civil action.
				Irrelevant, immaterial, or unduly repetitious evidence may be excluded at a
				party's request or on the hearing examiner's own initiative.
C. Documentary evidence may be received in
				evidence in the form of true copies of the original.
D. Documentary and other physical evidence
				may be authenticated or identified by any reasonable means that shows that the
				matter in question is what its proponent claims it to be.
E. The experience, technical competence and
				specialized knowledge of the hearing examiner, the board, or its staff may be
				used in the evaluation of evidence. Evidence on which the board may base its
				decision is limited to the following:
(1) all
				evidence, including any records, investigation reports, and documents in the
				board's possession, of which it desires to avail itself as evidence in making a
				decision, that is offered and made a part of the record of the
				proceeding;
(2) testimony and
				exhibits introduced by the parties; and
(3) official notice of any fact of which
				judicial notice may be taken and other facts within the board's specialized
				knowledge; whenever the hearing examiner takes official notice of any fact, the
				noticed fact and its source shall be stated at the earliest possible time
				before or during the hearing, and any party shall be given, on timely request,
				an opportunity to show the contrary.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.15 - CONDUCT OF ENFORCEMENT HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to the procedures prescribed
				by the act, the following procedures shall apply, when appropriate:
(1) the board will present its opening
				statement on the merits; the respondent then will be permitted to make an
				opening statement on defense;
(2)
				the board will present its case in chief in support of the complaint;
(3) upon conclusion of the board's case in
				chief, the respondent will present its case in defense;
(4) upon conclusion of the respondent's case,
				the board may present rebuttal evidence; and
(5) the board will present its closing
				argument, the respondent will present answering argument, and the board may
				present rebuttal argument. Thereafter, the matter will be submitted for
				recommendation by the hearing examiner.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.17 - DEFAULT; PROCEDURE FOR RECOMMENDATION OF DEFAULT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Failure of the respondent either to file
				an answer to the complaint or to appear at the hearing on the merits personally
				or by telephone, without having obtained a continuance, shall constitute an
				admission on all matters and facts contained in the complaint filed with
				respect to the respondent and shall be deemed a waiver of the right to an
				evidentiary hearing on the matter.
B. If the respondent fails to file an answer
				to the complaint, the petitioner shall file a motion requesting the hearing
				examiner to recommend to the board that default judgment be entered against
				respondent:
(1) the respondent shall file a
				response to the motion and shall request a hearing on the motion to recommend
				default judgment within 10 calendar days of the date the motion is served;
				failure of the respondent to file a response and to request a hearing shall
				constitute consent to the granting of the motion; and
(2) if the respondent timely files a response
				to the motion, the hearing examiner shall hear the matter; the hearing examiner
				may deny the motion and allow the respondent additional time to answer the
				complaint if an accident, illness or other good cause prevented the respondent
				from timely answering the complaint.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.18 - RECOMMENDED ACTION; FINAL DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the request of the hearing examiner or
				upon motion by either party granted by the hearing examiner, and before the
				hearing examiner recommends action by the board, the parties may submit briefs
				including findings of fact and conclusions of law for consideration by the
				hearing examiner. The hearing examiner has the discretion to request briefs or
				grant a motion to submit briefs on any point of law deemed appropriate by the
				hearing examiner. Briefs submitted shall include supporting reasons for any
				findings or legal conclusions and citations to the record and to relevant law.
				Should the hearing examiner request briefs or grant a party's motion to submit
				briefs, the hearing shall be continued until the hearing examiner has given the
				briefs sufficient consideration and brings the hearing to a close. The hearing,
				however, shall be completed no later than 45 days from the date of
				continuance.
B. The hearing
				examiner shall prepare a written decision containing their recommendation of
				action to be taken by the board. The hearing examiner's recommendation may
				include any, or any combination, of the following:
(1) revocation of the license or
				approval;
(2) suspension of the
				license or approval;
(3) limitation
				or conditioning of the license or approval; and
(4) imposition of a fine not to exceed $1,000
				for each violation.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.19 - EX PARTE COMMUNICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				party or representative of any other person shall communicate off the record
				with the hearing examiner or any board member except upon notice and
				opportunity to all parties to participate.
B. Neither the hearing examiner nor any
				member of the board shall communicate off the record with any party or
				representative of any party in connection with any issue of fact or law related
				to a proceeding under this rule except upon notice and opportunity to all
				parties to communicate.
C.
				Notwithstanding the provisions of Subsections A and B of 15.4.12.19 NMAC, ex
				parte communications are permitted, where circumstances require, for procedural
				or administrative purposes or emergencies that do not deal with substantive
				matters or issues on the merits if the board member or hearing examiner
				reasonably believes that no party will gain an advantage as a result of the ex
				parte communication.
D. Upon
				receipt of a communication knowingly made or caused to be made by a party to a
				board member or hearing examiner in violation of this section, the board member
				or hearing officer may, to the extent consistent with the interests of justice
				and the policy of the underlying statutes, require the party to show cause why
				its claim or interest in the proceeding should not be dismissed, denied,
				disregarded or otherwise adversely affected on account of the violation of this
				section.
E. This section does not
				preclude:
(1) the hearing examiner or any
				member of the board from consulting with board counsel concerning any matter
				before the board, except any matter relating to a proceeding in which board
				counsel is representing the state;
(2) any party from conferring with the
				hearing examiner or board counsel concerning procedural; or
(3) matters that do not involve issues of
				fact or law related to the proceeding.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.20 - TELEPHONIC HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				party requesting a telephonic hearing shall do so within 10 working days of the
				date of the notice. When the parties agree to conduct the hearing by telephone,
				notice of the telephonic hearing shall be made to all parties and shall include
				all necessary telephone numbers.
B.
				Any party that has agreed to a telephonic hearing but subsequently requests an
				in-person hearing shall do so in writing to the hearing examiner no later than
				10 days before the scheduled date of the hearing. The request shall
				specifically state the reasons the requesting party believes an in-person
				hearing is necessary, including, at a minimum, the issues in question, the
				expected conflicting testimony, and how an in-person hearing would
				significantly advance the hearing examiner's fact-finding ability. The hearing
				examiner's decision to grant or deny the hearing shall be issued in writing and
				shall include the specific reasons for granting or denying the request. If the
				hearing examiner grants the request, the hearing shall be rescheduled to a time
				convenient for all parties. If the hearing examiner denies the request, the
				telephonic hearing shall proceed as scheduled.
C. The location or locations of the parties
				during the hearing shall have a telephone and the means by which documents may
				be transmitted between the parties and hearing examiner.
D. The hearing officer shall initiate the
				telephone call. The petitioner and respondent are responsible for ensuring that
				the telephone number to their locations for the telephonic hearing is accurate
				and that they are available at that telephone number at the time the hearing is
				to commence. The board's staff shall conduct the hearing on a speaker phone and
				shall record the hearing, or in the alternative, shall provide a court reporter
				to transcribe the hearing. Failure to provide the correct telephone number or
				failure to be available at the commencement of the hearing shall be treated as
				a failure to appear and shall subject the respondent to a default
				judgment.
E. The in-person presence
				of some parties or witnesses at the hearing does not prevent the participation
				of other parties or witnesses by telephone with prior approval of the hearing
				examiner.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 12 - ENFORCEMENT PROCEEDINGS › Section 15.4.12.21 - APPEALS TO THE DISTRICT COURT

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Subsection A of Section
				  60-2F-24 NMSA
				  1978, any person aggrieved by a final decision of the board issued pursuant to
				  Section
				  15.4.12.18
				  NMAC may appeal to the district court pursuant to the provisions of Section
				  39-3-1.1
				  NMSA 1978.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 13 - LICENSE OR STAFF PERMIT REVOCATION › Section 15.4.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons subject to regulations
				  promulgated under the New Mexico Bingo and Raffle Act by the New Mexico gaming
				  control board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 13 - LICENSE OR STAFF PERMIT REVOCATION › Section 15.4.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for this rule derives from the New Mexico Bingo and
				  Raffle Act Section
				  60-2F-3
				  NMSA 1978. Subsection A of Section
				  60-2F-6
				  NMSA 1978 authorizes the board to grant, deny, suspend, condition or revoke
				  license or permits issued.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 13 - LICENSE OR STAFF PERMIT REVOCATION › Section 15.4.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 23, 2021, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 13 - LICENSE OR STAFF PERMIT REVOCATION › Section 15.4.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is established to provide persons holding licenses
				  or staff permits issued by the New Mexico gaming control board notice of the
				  types of circumstances under which the board may revoke the staff permit or
				  license.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 13 - LICENSE OR STAFF PERMIT REVOCATION › Section 15.4.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
See
				  15.4.1.7
				  NMAC for applicable definitions.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 13 - LICENSE OR STAFF PERMIT REVOCATION › Section 15.4.13.8 - REVOCABLE PRIVILEGE

Current through Register Vol. 35, No. 13, July 16, 2024
The holder of a staff permit or license issued by the board
				  under the act has a revocable privilege only.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 13 - LICENSE OR STAFF PERMIT REVOCATION › Section 15.4.13.9 - GROUNDS FOR REVOCATION OF A STAFF PERMIT OR LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board or its agents may initiate
				action to revoke a staff permit or license for any cause deemed reasonable,
				including but not limited to the following:
(1) the making of an untrue or misleading
				statement of material fact, or willful omission of any material fact, in any
				application, statement, or notice filed with the board or made in connection
				with any investigation, including a background investigation, regardless of
				when discovered by the board;
(2)
				conviction of any gambling offense in any jurisdiction, or any offense
				involving theft, fraud, embezzlement, or any fiduciary misconduct;
(3) entry of a civil judgment against the
				licensee that is based, in whole or in part, on conduct that allegedly
				constituted a crime involving theft, fraud, embezzlement or any fiduciary
				misconduct;
(4) direct or indirect
				association with persons or businesses of known criminal background or persons
				of disreputable character that may adversely affect the general credibility,
				security, integrity, honesty, fairness or reputation of the conduct of games of
				chance;
(5) failure to timely
				respond to any request by, or order of, the board or its agent;
(6) revocation of a work permit, or finding
				of suitability issued pursuant to the New Mexico Gaming Control Act;
(7) violation of any provision of the act or
				this title;
(8) failure to notify
				the board in writing of any criminal conviction or criminal charge pending,
				which is grounds for revocation under this part, against the licensee within 10
				days of any arrest, summons, or conviction;
(9) falsification of, failure to make a
				required entry in, or destruction of records required to be
				maintained;
(10) failure to file
				any report as required under the act or rules;
(11) failure to appear and testify at the
				designated time and place, unless excused by the board;
(12) refusal or failure to possess the
				licensee's staff permit badge while engaged in the conduct of games of
				chance;
(13) failure to follow
				operating procedures;
(14) failure
				to remain current on child support payments; and
(15) any other cause deemed appropriate by
				the board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 13 - LICENSE OR STAFF PERMIT REVOCATION › Section 15.4.13.10 - CRIMINAL CONVICTION AS GROUNDS FOR REVOCATION OR SUSPENSION

Current through Register Vol. 35, No. 13, July 16, 2024
The board may revoke or suspend the license, or staff
				  permit, of a person convicted of a felony or a crime of dishonesty, regardless
				  of whether that person has exhausted their post-conviction rights and
				  remedies.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 4 - BINGO AND RAFFLES › Part 13 - LICENSE OR STAFF PERMIT REVOCATION › Section 15.4.13.11 - REVOCATION PROCEEDINGS; SURRENDER OF STAFF PERMIT OR LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If after
				investigation the board determines that sufficient grounds exist to revoke a
				staff permit, the board shall initiate a hearing on the matter by issuing a
				complaint.
B. The required contents
				and service of the complaint and all other aspects of the proceeding shall be
				conducted in accordance with board rule 15.4.12 NMAC, "Enforcement
				Proceedings."
C. A staff permit
				badge issued by the board is state property and shall be returned to the board
				by the licensee upon revocation of the staff permit.