reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 12 - USE OF TOKENS UNDER THE GAMING CONTROL ACT › Section 15.1.12.8 - USE OF TOKENS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				person may sell, distribute, or offer for play any gaming machine that accepts
				tokens for play, unless the tokens are approved in advance by the board as
				required in this rule.
B. Tokens
				carry a monetary value evidencing a debt owed to their holder by the licensee
				that issued them. They are the property of the licensee and no other
				person.
C. A gaming operator
				licensee that operates gaming machines that use tokens must:
(1) issue tokens only to patrons of the
				gaming operator licensee's gaming establishment;
(2) take reasonable steps to prevent the
				issuance to its patrons of tokens of other gaming operator licensees;
(3) post in conspicuous places on the
				licensed premises signs notifying patrons that federal law prohibits the use of
				the gaming operator licensee's tokens outside of the gaming establishment for
				any monetary purpose and that the tokens are the property of the
				licensee;
(4) post in conspicuous
				places on the licensed premises signs that read, "Tokens issued by another
				gaming operator may not be wagered or redeemed at this gaming establishment";
				and
(5) develop and implement a
				system of internal procedures and controls, satisfactory to the board, for the
				receipt and storage of tokens. The system must include, but is not limited to,
				checking tokens upon receipt from the manufacturer, reporting deviations or
				defects to the board, recording the number and denomination of tokens received,
				and providing for secured storage of the tokens.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 12 - USE OF TOKENS UNDER THE GAMING CONTROL ACT › Section 15.1.12.9 - APPLICATION FOR APPROVAL OF TOKENS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A gaming operator licensee may not issue,
				sell or redeem any token unless the board has issued written approval of the
				specifications of the token and of a sample of the token. A gaming operator
				licensee may not issue, sell or redeem any token that is a modification of a
				previously approved token unless the board has issued written approval of the
				modification.
B. Applications for
				approval of tokens and modifications to previously approved tokens must be made
				on forms provided or approved by the board. Only a gaming operator licensee or
				a licensed manufacturer may apply for such approval. The application must
				include:
(1) an exact drawing of the front,
				back, and edge of the proposed token, drawn to actual size or to scale larger
				than actual size showing the measurements of the proposed token. The drawing
				must show the proposed token's diameter and thickness and any logo, design or
				wording to be contained on the token, all of which must be depicted on the
				drawing as they will appear, both as to size and location, on the actual
				token;
(2) written specifications
				for the proposed token;
(3) the
				name and address of the manufacturer of the proposed token;
(4) the intended use for the proposed token;
				and
(5) any other information
				required by the board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 12 - USE OF TOKENS UNDER THE GAMING CONTROL ACT › Section 15.1.12.10 - SPECIFICATIONS FOR TOKENS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Tokens must be designed, manufactured, and constructed in compliance with all
				applicable statutes, rules, and policies of the United States, the State, and
				other states to prevent counterfeiting of the tokens. Tokens must not resemble
				any current or past coinage of the United States or any other
				country.
B. Only one-dollar and
				five-dollar tokens will be approved. Tokens must meet the following size and
				content specifications:
(1) one-dollar tokens
				must be disk-shaped and must measure from 1.460 through 1.470 inches in
				diameter and from .098 through .104 inch thick;
(2) five-dollar tokens must be disk-shaped
				and must measure from 1.750 inches through 1.760 inches in diameter and from
				.119 through .125 inch thick;
(3)
				tokens must not be manufactured from material possessing sufficient magnetic
				properties to allow them to be accepted by any coin mechanism other than that
				of a gaming machine; and
(4) tokens
				must not be manufactured from a three-layered material consisting of
				copper-nickel alloy clad on both sides of a pure copper core nor from a
				copper-based material unless the total of alloying materials is at least 20
				percent of the token's weight.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 12 - USE OF TOKENS UNDER THE GAMING CONTROL ACT › Section 151.1.12.11 - ISSUANCE AND REDEMPTION OF TOKENS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Tokens may be issued to a patron only from
				a cashier's cage, token dispenser, gaming employees on the licensed premises,
				or from a gaming machine as change or winnings.
B. Tokens may be redeemed only at a cashier's
				cage on the licensed premises of the gaming operator licensee that issued the
				tokens.
C. Each gaming operator
				licensee must promptly redeem its own tokens from its patrons by cash or check
				drawn on the gaming operator licensee's account and dated the day of the
				redemption, except where tokens were obtained or used unlawfully.
D. Each gaming operator licensee may demand
				the redemption of its tokens from any individual in possession of them. Upon
				such demand, the individual must redeem the tokens upon presentation of an
				equivalent amount of cash by the gaming operator licensee.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 12 - USE OF TOKENS UNDER THE GAMING CONTROL ACT › Section 15.1.12.12 - DISCONTINUED TOKENS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				gaming operator licensee that permanently removes tokens from use or replaces
				approved tokens at its gaming establishment or ceases gaming activities must
				prepare a plan for redeeming discontinued tokens that remain outstanding at the
				time of discontinuance. The licensee must submit the plan, in writing, to the
				board at least 30 days before the proposed removal, replacement or closure. The
				board may approve the plan or require reasonable modifications as a condition
				of approval. Upon approval, the gaming operator licensee must implement the
				plan as approved.
B. In addition to
				any other provision required by the board, the plan must provide for:
(1) redemption of outstanding, discontinued
				tokens for at least 90 days after removal or replacement of the tokens or
				closure of the gaming establishment, or for such other period as the board
				requires;
(2) redemption of the
				tokens at the licensed premises or at such other location as approved by the
				board;
(3) posting in a conspicuous
				place on the licensed premises notice of discontinuance of the tokens and
				redemption and the relevant times and locations at which tokens may be
				redeemed; and
(4) destruction or
				such other disposition of the discontinued or replaced tokens as set forth in
				section 15.1.12.14 of this rule.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 12 - USE OF TOKENS UNDER THE GAMING CONTROL ACT › Section 15.1.12.13 - COUNTERFEIT TOKENS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				gaming operator licensee must notify the board immediately upon the discovery
				of counterfeit tokens indicating a loss in excess of $500.
B. The board or its agent may take possession
				of the counterfeit tokens. The board will determine the disposition of any
				counterfeit token, including, but not limited to, destruction of the
				counterfeit token in accordance with this rule.
C. Unless the board or its agent instructs in
				writing or a court of competent jurisdiction orders otherwise in a particular
				case, the gaming operator licensee must destroy or otherwise dispose of
				counterfeit tokens discovered in the gaming establishment as set forth in
				section 15.1.12.14 NMAC of this rule.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 12 - USE OF TOKENS UNDER THE GAMING CONTROL ACT › Section 15.1.12.14 - DESTRUCTION OF DISCONTINUED OR COUNTERFEIT TOKENS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Discontinued and counterfeit tokens must
				be disposed of in a manner that makes them incapable of use. The gaming
				operator license must notify the board, in writing, at least 30 days before the
				discontinued or counterfeit tokens are to be disposed of or destroyed. The
				notice must include the following information:
(1) the number and denominations of the
				tokens to be destroyed or otherwise disposed of;
(2) for counterfeit tokens, the date on which
				the tokens were discovered;
(3) the
				date, place, and method of destruction or other disposition;
(4) the names of the occupational licensees
				who will carry out the destruction or other disposition on behalf of the gaming
				operator licensee; and
(5) any
				other information deemed necessary by the board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 12 - USE OF TOKENS UNDER THE GAMING CONTROL ACT › Section 15.1.12.15 - RETENTION OF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Each gaming operator licensee must retain the records
				  required by this rule within the State for at least five
				  years.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 13 - LICENSE AND CERTIFICATION RENEWAL REQUIREMENTS UNDER THE GAMING CONTROL ACT › Section 15.1.13.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Gaming Control Board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 13 - LICENSE AND CERTIFICATION RENEWAL REQUIREMENTS UNDER THE GAMING CONTROL ACT › Section 15.1.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all licensees under the Gaming Control
				  Board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 13 - LICENSE AND CERTIFICATION RENEWAL REQUIREMENTS UNDER THE GAMING CONTROL ACT › Section 15.1.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 60-2E-7(B)(3) of the Gaming Control Act authorizes
				  the board to develop, adopt and promulgate all regulations necessary to
				  implement and administer the provisions of the Gaming Control Act. Section
				  60-2E-8(C)(1) directs the board to adopt regulations prescribing the method and
				  form of application to be filed by an applicant under the Gaming Control Act.
				  Pursuant to Section 60-2E-14(F), all licenses issued to or for manufacturers,
				  distributors, gaming operators, and gaming machines and all work permits shall
				  be renewed annually.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 13 - LICENSE AND CERTIFICATION RENEWAL REQUIREMENTS UNDER THE GAMING CONTROL ACT › Section 15.1.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 13 - LICENSE AND CERTIFICATION RENEWAL REQUIREMENTS UNDER THE GAMING CONTROL ACT › Section 15.1.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards for the
				  annual renewal of licenses issued under the Gaming Control
				  Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 13 - LICENSE AND CERTIFICATION RENEWAL REQUIREMENTS UNDER THE GAMING CONTROL ACT › Section 15.1.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in these
				  regulations have the same meanings as set forth in the Gaming Control
				  Act:
A.
"Act"
means the
				Gaming Control Act.
B.
"gaming activity"
means any endeavor associated with the manufacture or
				distribution of gaming devices or the conduct of gaming, including employment
				as a gaming employee.
C.
"licensee"
means a person to whom a valid license, including a work
				permit, has been issued.
D.
"person"
means a legal entity or individual.
E.
"State"
means the State of
				New Mexico.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 13 - LICENSE AND CERTIFICATION RENEWAL REQUIREMENTS UNDER THE GAMING CONTROL ACT › Section 15.1.13.9 - RENEWAL FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Renewal
				license fees are as follows:
(1) gaming
				machine manufacturer's license, $2,000;
(2) associated equipment manufacturer's
				license, $400.00;
(3) gaming
				machine or associated equipment distributor's license, $400;
(4) gaming operator's license for racetrack,
				$4,000;
(5) gaming operator's
				license for nonprofit organization, $100;
(6) gaming machine license, $25 per
				machine;
(7) work permit, $75;
				and
(8) certification of finding of
				suitability, $75.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 13 - LICENSE AND CERTIFICATION RENEWAL REQUIREMENTS UNDER THE GAMING CONTROL ACT › Section 15.1.13.10 - LATE RENEWAL OF LICENSE, CERTIFICATION OR WORK PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A.The board may, in
				its discretion, accept and process a renewal application for a gaming
				operator's, manufacturer or distributor's license, work permit or certification
				of finding of suitability fled after the deadlines established in
				15.1.13.8
				NMAC and
				15.1.13.13
				NMAC. Any such application for a racetrack gaming operator, manufacturer's or
				distributor's license, shall be subject to a late renewal fee of two hundred
				fifty dollars ($250) plus ten dollars ($10) per day for each additional day the
				renewal application is late. Any such application for a nonprofit gaming
				operator's license shall be subject to a late renewal fee of one hundred fifty
				dollars ($150) plus ten dollars ($10) per day for each additional day the
				renewal application is late.
B. To
				allow sufficient processing time by the board, no renewal application for a
				gaming operator's, manufacturer or distributor's license, or for a
				certification of finding of suitability shall be accepted by the board less
				than forty five (45) days of the expiration date of the license, regardless of
				whether the applicant for renewal pays late fees. Any applicant for renewal who
				fails to submit a complete renewal application at least forty five (45) days
				before the expiration date of his or her license or certification of finding of
				suitability shall be required to file a full application for and pay all
				applicable fees and investigation costs if that person desires to engage in the
				conduct of gaming activities.
C. If
				an applicant for a racetrack gaming operator's, manufacturer's or distributor's
				license applies for such license within thirty (30) days after the expiration
				of a previously held license, in addition to initial application fees, the
				applicant will be charged a fee of two hundred fifty dollars ($250.00) plus ten
				dollars ($10.00) for each day that has passed since the expiration date until
				the new application is fled. If an applicant for a nonprofit gaming operator's
				license, or for a work permit or certification of finding of suitability
				applies for such license, permit or certification within thirty (30) days after
				the expiration of a previously held license, permit or certification, in
				addition to initial application fees, the applicant will be charged a fee of
				one hundred and fifty dollars ($150.00) plus ten dollars ($10.00) for each day
				that has passed since the expiration date until the new application is fled.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 13 - LICENSE AND CERTIFICATION RENEWAL REQUIREMENTS UNDER THE GAMING CONTROL ACT › Section 15.1.13.11 - MANDATORY CESSATION OF GAMING ACTIVITY

Current through Register Vol. 35, No. 13, July 16, 2024
No licensee shall engage in any gaming activity unless the
				  licensee has received a renewed license from the board. Any licensee that fails
				  to renew its license as required by the act and this rule shall cease the
				  gaming activity authorized by the license on the date the license expires.
				  Engaging in any gaming activity without a renewed license shall subject the
				  licensee to fines and penalties as determined by the board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 13 - LICENSE AND CERTIFICATION RENEWAL REQUIREMENTS UNDER THE GAMING CONTROL ACT › Section 15.1.13.12 - RENEWAL LICENSE PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
All licenses shall expire annually on the anniversary date of
				  the original issuance and will be subject to renewal on an anniversary date
				  basis.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 13 - LICENSE AND CERTIFICATION RENEWAL REQUIREMENTS UNDER THE GAMING CONTROL ACT › Section 15.1.13.13 - RECERTIFICATION OF FINDING OF SUITABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A certification of finding of suitability
				expires three years from the date of issuance. A complete renewal application
				and payment of all applicable fees for renewal of the certification of finding
				of suitability shall be filed with the board not less than sixty (60) days
				prior to the date the certification of finding of suitability expires. The
				renewal application shall be submitted on forms provided by the
				board.
B. The board may require any
				person previously certified as suitable by the board to apply for
				recertification of the finding of suitability at any time if the board believes
				that circumstances warrant such application.
C. Any person required by the board to apply
				for recertification shall apply within 30 days after the date of the board's
				request and provide such information as the board may direct. The board may
				find any person failing to apply for recertification as required in this rule
				unsuitable on that basis.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons subject to disciplinary or
				  other enforcement action under the Gaming Control Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 60-2E-7(B)(3) of the Gaming Control Act authorizes
				  the board to develop, adopt and promulgate all regulations necessary to
				  implement and administer the provisions of the Gaming Control Act. Section
				  60-2E-32(B) authorizes the board to initiate hearings against licensees when
				  the board determines that it should limit, condition, suspend or revoke a
				  license or approval or impose a fine.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish guidelines and
				  procedures for the conduct of enforcement proceedings initiated by the board
				  under the Gaming Control Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in this rule have
				  the same meanings as set forth in the Gaming Control Act.
A.
"Act"
means the Gaming
				Control Act.
B.
"Party"
means each person named or admitted as a party to a proceeding
				before the board or duly appointed hearing examiner.
C.
"Person"
means a legal
				entity or individual.
D.
"Petitioner"
means the board or the board's representative.
E.
"Respondent"
means a
				licensee or person to which an approval has been granted and who is the subject
				of a complaint issued by the board.
F.
"State"
means the state of
				New Mexico.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.8 - PUBLIC HEARINGS; LOCATION; HEARING EXAMINER

Current through Register Vol. 35, No. 13, July 16, 2024
A. All hearings held pursuant to Section
				60-2E-32(B) of the act will be conducted by a hearing examiner duly appointed
				by the board.
B. Except for
				telephonic hearings, the location of the hearing shall be in Albuquerque except
				that the hearing examiner may, upon motion of either party, grant a change of
				venue for good cause shown.
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 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.9 - 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, his or her principal, or
				employer.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.10 - 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, registration, finding of
				suitability 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 summary of evidence is confidential
				and shall not be disclosed to any person other than the respondent until public
				hearing.
E. 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 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.11 - 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 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.12 - 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 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 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.13 - 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 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.14 - 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 must be stated at the earliest possible time before
				or during the hearing, and any party must be given, on timely request, an
				opportunity to show the contrary.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.15 - 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;
(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 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.16 - CONTINUANCES

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing examiner shall not grant a continuance except for
				  good cause shown. A motion to continue a hearing shall be made at least 10
				  calendar days before the hearing date.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.17 - 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.
(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 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.18 - 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 forty five (45) days from the date of
				continuance.
B. The hearing
				examiner shall prepare a written decision containing his or her recommendation
				of action to be taken by the board. The hearing examiner's recommendation may
				include 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 twenty
				five thousand dollars ($25,000) for the first violation and fifty thousand
				dollars ($50,000) for each subsequent violation.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.19 - 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 15.1.14.19 NMAC, a
				party may submit information to the board in confidence when such information
				is required by law or the rules of the board or required by a subpoena issued
				by the board to be made or transmitted to the board. However, information ruled
				by the board as nonconfidential or information described as nonconfidential in
				board rule Subsection B of 15.1.2.8 NMAC is subject to the prohibition on ex
				parte communications.
D.
				Notwithstanding the provisions of Subsections A and B of 15.1.14.19 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.
E. 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.
F. 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; or
(2) any party from conferring with the
				hearing examiner or board counsel concerning procedural 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 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 14 - ENFORCEMENT PROCEEDINGS UNDER THE GAMING CONTROL ACT › Section 15.1.14.20 - 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 speaker telephone and facsimile machine
				available so that all may hear the proceedings and documents may be transmitted
				between witnesses and the hearing examiner.
D. The petitioner shall initiate the
				telephone call. The respondent is responsible for ensuring that the telephone
				number to the respondent's location for the telephonic hearing is accurate and
				that the respondent is available at that telephone number at the time the
				hearing is to commence. 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 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 15 - ADMINISTRATIVE APPEAL OF GAMING CONTROL BOARD ACTION › Section 15.1.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all licensees, applicants for licensure,
				  and persons aggrieved by an action of the Gaming Control Board or its agents
				  under the Gaming Control Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 15 - ADMINISTRATIVE APPEAL OF GAMING CONTROL BOARD ACTION › Section 15.1.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 60-2E-7(B)(3) of the Gaming Control Act authorizes
				  the board to develop, adopt and promulgate all regulations necessary to
				  implement and administer the provisions of the Gaming Control Act. Section
				  60-2E-59(B) authorizes the board to adopt procedural regulations to govern the
				  procedures to be followed in administrative appeal hearings conducted pursuant
				  to the Gaming Control Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 15 - ADMINISTRATIVE APPEAL OF GAMING CONTROL BOARD ACTION › Section 15.1.15.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 15 - ADMINISTRATIVE APPEAL OF GAMING CONTROL BOARD ACTION › Section 15.1.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish guidelines and
				  procedures for the conduct of hearings under the Gaming Control Act when the
				  hearing is initiated by a person aggrieved by an action of the board or its
				  agent.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 15 - ADMINISTRATIVE APPEAL OF GAMING CONTROL BOARD ACTION › Section 15.1.15.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, terms used in this rule have
				  the same meanings as set forth in the Gaming Control Act:
A.
"act"
means the Gaming
				Control Act.
B.
"agent"
means any member or employee of the board or any other person
				authorized to act on the board's behalf.
C.
"party"
means each person
				named or admitted as a party to a proceeding before the board or its duly
				appointed hearing examiner.
D.
"person"
means a legal entity or individual.
E.
"appellant"
means a person
				aggrieved by an action of the board, who files a request for hearing before the
				board.
F.
"appellee"
means the board, an agent of the board or the board's representative.
G.
"state"
means the state of
				New Mexico.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 15 - ADMINISTRATIVE APPEAL OF GAMING CONTROL BOARD ACTION › Section 15.1.15.8 - PUBLIC HEARINGS; LOCATION; HEARING EXAMINER

Current through Register Vol. 35, No. 13, July 16, 2024
A.All hearings held pursuant to Section
				60-2E-59
				of the act shall be conducted by a hearing examiner duly appointed by the
				board.
B. Except for telephonic
				hearings, hearings shall be conducted in Albuquerque except that the hearing
				examiner may, upon motion of either party, grant a change of venue for good
				cause shown.
C. All hearings held
				pursuant to Section
				60-2E-59
				of 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 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 15 - ADMINISTRATIVE APPEAL OF GAMING CONTROL BOARD ACTION › Section 15.1.15.9 - REQUEST FOR REVIEW OF BOARD ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person aggrieved by an action of the
				board or one of its agents may request a hearing for the purpose of review of
				such action. The appellant shall file the request for hearing within 30 days of
				the date the action is taken. The request shall include the following:
(1) a statement of the facts relevant to the
				review of the action;
(2) a
				statement of the provision of the act and the rules promulgated under the act
				that are relevant to the review of the action;
(3) a statement of the arguments that the
				appellant considers relevant to the review of the action; and
(4) any other evidence considered
				relevant.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 15 - ADMINISTRATIVE APPEAL OF GAMING CONTROL BOARD ACTION › Section 15.1.15.10 - RECORD OF PROCEEDING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				record of the proceeding shall 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.