reglab/statecodes huggingface dataset:
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 15.1.15.11 - 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 shall 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 15 - ADMINISTRATIVE APPEAL OF GAMING CONTROL BOARD ACTION › Section 15.1.15.12 - PROCEDURES; EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				party may be represented by a person licensed to practice law in the state. An
				individual appellant 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.
F. 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 15 - ADMINISTRATIVE APPEAL OF GAMING CONTROL BOARD ACTION › Section 15.1.15.13 - CONDUCT OF PROCEEDING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Unless the hearing examiner reasonably determines that a different procedure is
				appropriate, the hearing shall be conducted in accordance with the procedures
				set forth in this rule.
B. In
				addition to any procedures described by the act, the following procedures shall
				apply:
(1) the appellant may present an
				opening statement on the merits and the appellee may make a statement of the
				defense or reserve the statement until presentation of its case;
(2) after the opening statements, if made,
				the appellant shall present its case in chief in support of its
				petition;
(3) upon conclusion of
				appellant's case in chief, the appellee may move for dismissal of the petition.
				The hearing examiner may suspend the hearing and refer the motion to the board,
				which shall grant, deny, or reserve decision on the motion, with or without
				argument, as soon as practicable but in no event later than its next regularly
				scheduled board meeting;
(4) if no
				motion to dismiss is made, or if the board denies or reserves decision on the
				motion, the appellee shall present its case in defense;
(5) upon conclusion of the appellee's case,
				the appellant may present rebuttal evidence;
(6) after presentation of the evidence by the
				parties, the appellant may present a closing argument. The appellee then may
				present its closing argument, and the appellant may present a rebuttal
				argument; and
(7) thereafter, the
				matter shall 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 15 - ADMINISTRATIVE APPEAL OF GAMING CONTROL BOARD ACTION › Section 15.1.15.14 - BURDEN OF PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
The appellant bears the burden of showing by a preponderance
				  of the evidence that the decision made by the board or an agent of the board
				  should be reversed or modified.
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 15.1.15.15 - 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 15 - ADMINISTRATIVE APPEAL OF GAMING CONTROL BOARD ACTION › Section 15.1.15.16 - DEFAULT; PROCEDURE FOR RECOMMENDATION OF DEFAULT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Failure of the appellee to schedule a
				hearing within 60 days, unless the 60 day time period is extended, or of any
				party to appear at the hearing on the merits personally or by telephone,
				without having obtained a continuance may constitute a default and an admission
				on all matters and facts alleged by the opposing party and shall be deemed a
				waiver of the right to an evidentiary hearing on the matter. The hearing
				examiner may proceed to consider the matter, and the board may dispose of it,
				on the basis of the evidence before it.
B. If the appellee fails to schedule a
				hearing within 60 days, the appellant shall file a motion requesting the
				hearing examiner to recommend to the board that default judgment be entered
				against the appellee.
(1) The appellee 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 appellee to file a response and to request a hearing
				shall constitute consent to the granting of the motion.
(2) If the appellee timely files a response
				to the motion, the hearing examiner shall hear the matter. The hearing examiner
				may deny the motion and allow the appellee additional time to schedule a
				hearing on the merits if an accident, illness or other good cause prevented the
				appellee from timely scheduling a hearing.
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 15.1.15.17 - 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. Not more than
				thirty (30) days after completion of the hearing, the hearing examiner shall
				prepare a written decision containing his or her recommendation of action to be
				taken by the board. The recommendation may propose to sustain, modify, or
				reverse the initial decision of the board or its agent.
C. Notice of the hearing examiner's
				recommended action shall be served on the parties as promptly as possible but
				in no event later than fifteen (15) days after the date of the hearing on the
				matter. Service shall be made by registered or certified mail.
D. The board shall accept, reject or modify
				the hearing examiner's recommendation by majority vote. The final decision or
				order shall be issued in writing and shall include a statement of findings and
				conclusions and the reasons therefor, on all material issues of fact, law or
				discretion involved, together with the specific action taken to sustain,
				modify, or reverse the initial decision of the board or its agent.
E.The board may dismiss an administrative
				appeal without recommendation of the hearing examiner upon request of the
				appellant.
F. The final decision or
				order will be public and shall become a part of the record.
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 15.1.15.18 - 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, orally or in writing, 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, orally or in writing,
				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 15.1.15.18 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 Subsection B of
				15.1.2.8 NMAC is subject to the prohibition on ex parte
				communications.
D. Notwithstanding
				the provisions of paragraphs Subsections A and B of 15.1.15.18 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 15 - ADMINISTRATIVE APPEAL OF GAMING CONTROL BOARD ACTION › Section 15.1.15.19 - 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 appellee shall initiate the telephone
				call. The appellant is responsible for ensuring that the telephone number to
				the appellant's location for the telephonic hearing is accurate and that the
				appellant 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 will subject the petitioner 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 16 - TRANSPORTATION, RECEIPT, AND PLACEMENT OF GAMING DEVICES › Section 15.1.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons licensed by the Gaming
				  Control Board to sell, supply, ship, transport, distribute, or receive gaming
				  devices.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 16 - TRANSPORTATION, RECEIPT, AND PLACEMENT OF GAMING DEVICES › Section 15.1.16.3 - 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)(8) directs the board to adopt regulations governing the sale and
				  distribution of gaming devices.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 16 - TRANSPORTATION, RECEIPT, AND PLACEMENT OF GAMING DEVICES › Section 15.1.16.5 - 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 16 - TRANSPORTATION, RECEIPT, AND PLACEMENT OF GAMING DEVICES › Section 15.1.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish reporting
				  procedures and standards for the transportation and receipt of gaming devices
				  inside and outside New Mexico.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 16 - TRANSPORTATION, RECEIPT, AND PLACEMENT OF GAMING DEVICES › Section 15.1.16.7 - 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 New Mexico
				Gaming Control Act.
B.
"Gaming media"
means any associated equipment that contains software
				that can only be used in a gaming machine, affects game outcome and is
				programmed by the gaming machine manufacturer. Gaming media includes, but is
				not limited to an EEPROM, EPROM, compact flash memory, flash RAM, CDROM or hard
				drive.
C.
"Licensed
				premises"
means the area that has been approved for gaming on the
				premises, that is under the direct control of a gaming operator licensee and
				from which the licensee is authorized to operate and permit the play of gaming
				machines.
D.
"Person"
means a legal entity or an individual.
E.
"Premises"
means the land
				together with all building's improvements and personal property located on the
				land.
F.
"State"
means the state of New Mexico.
G.
"This title"
means Title 15, Chapter 1 of the state
				administrative code.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 16 - TRANSPORTATION, RECEIPT, AND PLACEMENT OF GAMING DEVICES › Section 15.1.16.8 - RESTRICTION ON SALES, DISPLAY, DISTRIBUTION, TRANSPORTATION AND OPERATION OF GAMING DEVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except as otherwise provided in this chapter, no person shall sell, display,
				store, supply, ship, transport, or distribute any gaming device or associated
				equipment for use or play in the state, and no person shall sell, display,
				supply, ship, transport or distribute any gaming device or associated equipment
				out of the state, unless the person is licensed by the board as a distributor
				or manufacturer.
B. No licensee
				shall sell or transfer a gaming device to any person that could not lawfully
				own or operate the gaming device.
C. No purchaser or transferee shall operate a
				gaming machine without first obtaining a gaming operator's license in the
				manner set forth in this title, except that a gaming machine may be operated in
				a private residence so long as no person makes money for operating the gaming
				machine except through winnings as a player.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 16 - TRANSPORTATION, RECEIPT, AND PLACEMENT OF GAMING DEVICES › Section 15.1.16.9 - TRANSPORTATION OF GAMING DEVICES INTO THE STATE

Current through Register Vol. 35, No. 13, July 16, 2024
A.No person shall initiate transport of any
				gaming device into the state other than a licensed manufacturer or
				distributor.
B. A gaming device is
				shipped or transported into the state when the starting point for shipping or
				transporting begins outside the state and terminates in the state.
C. A manufacturer or distributor licensee
				shipping or transporting one (1) or more gaming devices into the state shall
				notify the board's information systems division of the shipment prior to the
				time the shipment is made.
D.
				Notice of transportation of gaming device(s) shall be made on forms approved by
				the board for transportation of the type of gaming device(s) to be
				transported.
E. The transportation
				form shall, at a minimum, include the following information:
(1) the full name, address, and license
				number of the person making the shipment;
(2) the method of shipment and the name of
				the carrier, if any;
(3) the full
				name, address, and license number of the person to whom the devices are being
				sent and the destination of the shipment, if different from the
				address;
(4) the number of gaming
				devices in the shipment;
(5) the
				serial number of each gaming device;
(6) the model number and description of each
				gaming device;
(7) the expected
				arrival date of the gaming devices at their destination within the state;
				and
(8) such other information as
				required by the board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 16 - TRANSPORTATION, RECEIPT, AND PLACEMENT OF GAMING DEVICES › Section 15.1.16.10 - RECEIPT OF GAMING DEVICES IN THE STATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person in the state that receives a
				gaming device shall, upon receipt of the gaming device, provide the board with
				the following information on forms provided or approved by the board:
(1) the full name, address, and license
				number of the person receiving the gaming device;
(2) the full name, address, and license
				number of the person from whom the gaming device was received;
(3) the date of receipt of the gaming
				device;
(4) the serial number of
				each gaming device;
(5) the model
				number and description of each gaming device;
(6) the manufacturer of the gaming
				device;
(7) the location where the
				gaming device will be placed and the license number of the licensed
				premises;
(8) the expected date and
				time of installation of the gaming device at the new location; and
(9) such other information as required by the
				board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 16 - TRANSPORTATION, RECEIPT, AND PLACEMENT OF GAMING DEVICES › Section 15.1.16.11 - TRANSPORTATION OF GAMING DEVICES BETWEEN LOCATIONS IN THE STATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Manufacturer
				licensees, distributor licensees, and, subject to the limitations set forth in
				this rule, gaming operators licensees, are authorized to transport gaming
				devices within the state.
B. Except
				as otherwise provided in this rule, any authorized person transporting a gaming
				device from one location to another in the state for any purpose shall notify
				the board before transporting the gaming device and provide the following
				information on forms provided or approved by the board:
(1) the full name, address, and license
				number of the person transporting the gaming device from its current
				location;
(2) the reason for
				transporting the gaming device;
(3)
				the full name, address, and license number of the person to whom the gaming
				device is being sent and the destination of the gaming device if different from
				that address;
(4) the name and
				address of the carrier and the method of transport;
(5) the model and serial number of the gaming
				device;
(6) the gaming device
				license number, if any;
(7) the
				manufacturer of the gaming device;
(8) the expected date and time of delivery or
				installation of the gaming machine at the new location;
(9) such other information as the board may
				require.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 16 - TRANSPORTATION, RECEIPT, AND PLACEMENT OF GAMING DEVICES › Section 15.1.16.12 - APPROVAL TO DISTRIBUTE GAMING DEVICES OUTSIDE OF THE STATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Manufacturers and distributors located in
				the state shall not sell, ship, transport, or distribute a gaming device out of
				the state without the prior approval of the board. Applications for approval to
				sell, ship, transport, or distribute gaming devices out of the state shall be
				made, processed, and determined in such manner and using such forms as the
				board may provide or approve. Each application shall include:
(1) the full name, state of residence, and
				address of the purchaser;
(2) the
				full name, state of residence, and address of the person to whom shipment is
				being made, if different than the purchaser;
(3) the destination;
(4) the number of gaming devices to be
				shipped;
(5) the serial number of
				each gaming device;
(6) the model
				number of each gaming device and year manufactured;
(7) the denomination of each gaming device,
				if applicable;
(8) the expected
				date and time of shipment;
(9) the
				method of shipment and name and address of the carrier; and
(10) a statement by the purchaser under
				penalty of perjury that the gaming devices shall be used only for lawful
				purposes.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 16 - TRANSPORTATION, RECEIPT, AND PLACEMENT OF GAMING DEVICES › Section 15.1.16.13 - REGISTRATION AND STORAGE OF GAMING MACHINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A gaming operator licensee who maintains
				one or more gaming machines in storage in excess of the number of machines the
				licensee is statutorily authorized to operate shall register those machines
				with the board on forms approved by the board within 72 hours of the receipt of
				such machine.
B. Each machine
				registered by a gaming operator licensee shall be subject to an annual
				registration fee equal to the amount of the current gaming machine licensure
				fee. Registration of each gaming machine shall expire on the December 31st of
				each year, and shall be renewable by re-registration and payment of a fee equal
				to the amount of the current gaming machine licensure renewal fee.
C. A gaming operator licensee that maintains
				registered gaming machines in storage shall adhere to the following conditions:
(1) The licensee shall ensure that each
				stored machine is registered with the board and that registration fees are
				current.
(2) Gaming media shall be
				stored in a limited access area separate from stored gaming machines and
				accessible only by restricted keys
(3) The licensee shall maintain each machine
				in a safe and secure locked, limited access storage area with restricted
				keys.
(4) Gaming machine keys for
				stored machines shall be maintained in an area separate from the stored gaming
				machine.
(5) The licensee shall
				supply the with board with a list of individuals having access to the storage
				areas, and shall update the list if any changes are made.
(6) The licensee shall maintain continuous
				recorded surveillance of the storage area.
(7) The licensee shall make the storage area
				available for inspection upon request of the board or one of its
				agents.
(8) The licensee shall
				develop internal controls acceptable to the board to ensure the safety and
				security of stored gaming machines.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 16 - TRANSPORTATION, RECEIPT, AND PLACEMENT OF GAMING DEVICES › Section 15.1.16.14 - PLACEMENT OF GAMING MACHINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All gaming machines at a licensed premises
				shall be physically located as follows:
(1)
				in an area that is at all times monitored by the owner, manager, or a gaming
				employee to prevent access or play of the gaming machines by persons under the
				age of 21;
(2) in an area that
				ensures that public access to the gaming machines is restricted to persons
				legally entitled to play the gaming machines at the licensed premises;
				and
(3) in the sight and control of
				the owner, manager, or a gaming employee.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 16 - TRANSPORTATION, RECEIPT, AND PLACEMENT OF GAMING DEVICES › Section 15.1.16.15 - DISPOSAL OF GAMING MACHINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				gaming machine shall be disposed of only with the board's approval and only if
				the manner of disposition makes the machine incapable of use or operation. Any
				person seeking to dispose of a gaming machine shall notify the board in writing
				prior to disposal and provide the following information:
(1) the full name, address, and license
				number of the person seeking to dispose of the gaming machine;
(2) the serial number of the gaming
				machine;
(3) the model number and
				description of the gaming machine;
(4) the manufacturer of the gaming
				machine;
(5) the gaming machine
				license number;
(6) the gaming
				machine's hard meter readings;
(7)
				the location of the gaming machine;
(8) the proposed manner, time, and place of
				disposal; and
(9) 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 17 - SCHEDULE OF PENALTIES UNDER THE GAMING CONTROL ACT › Section 15.1.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all licensees and other persons subject
				  to the Gaming Control Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 17 - SCHEDULE OF PENALTIES UNDER THE GAMING CONTROL ACT › Section 15.1.17.3 - 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-7(C)(1) of the Act authorizes the board to impose civil fines for
				  violation of any prohibitory provision of the Act or rule adopted by the
				  board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 17 - SCHEDULE OF PENALTIES UNDER THE GAMING CONTROL ACT › Section 15.1.17.5 - 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 17 - SCHEDULE OF PENALTIES UNDER THE GAMING CONTROL ACT › Section 15.1.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish a schedule of
				  violations in which to cite under the Gaming Control Act which penalties could
				  be assessed.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 17 - SCHEDULE OF PENALTIES UNDER THE GAMING CONTROL ACT › Section 15.1.17.7 - 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.
"associating
				with"
or
"association with"
means maintaining, directly or
				indirectly, a business relationship with a licensed distributor or manufacturer
				when the business relationship is prohibited by the Act or this
				title.
C.
"ATM"
means
				a machine used for banking services, including withdrawals and deposits,
				balance inquiries, transfers, and other services; "ATM" includes credit card
				cash advance machines and other devices activated by debit or credit
				cards.
D.
"license"
means an authorization, including a work permit, required by the board for
				engaging in gaming activities.
E.
"person"
means a legal entity or individual.
F.
"public nuisance"
means
				knowingly engaging in, creating, allowing, or maintaining any act or activity
				that is injurious to public health, safety, morals, or welfare, interferes with
				the exercise and enjoyment of public rights, or is offensive to the average
				citizen.
G.
"State"
means the State of New Mexico.
H.
"this title"
means Title 15, Chapter 1 of the State
				Administrative Code.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 17 - SCHEDULE OF PENALTIES UNDER THE GAMING CONTROL ACT › Section 15.1.17.8 - BASIS FOR BOARD ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board may suspend or revoke, or deny renewal of, a license or other approval
				for any violation of, or noncompliance with, the provisions of the Act or this
				title.
B. The board may impose
				administrative fines in lieu of or in addition to any other actions
				taken.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 17 - SCHEDULE OF PENALTIES UNDER THE GAMING CONTROL ACT › Section 15.1.17.9 - SCHEDULE OF VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Licensing violations include.
(1) Engaging in
				gaming activity without valid license.
(2) Possession of illegal gaming
				device.
(3) Failure to apply for
				certification of finding of suitability.
(4) Employing persons without work permits or
				key person certifications.
(5)
				Expired work permit.
(6) Unlicensed
				gaming machine.
(7) Selling,
				offering to sell, or distributing a gaming device to other than a gaming
				operator licensee.
(8) Purchasing,
				leasing, or otherwise receiving a gaming machine from other than an authorized
				licensee.
(9) Association with
				distributor or manufacturer with revoked license.
(10) Unauthorized transfer of
				license.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 17 - SCHEDULE OF PENALTIES UNDER THE GAMING CONTROL ACT › Section 15.1.17.11 - COMPROMISE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the matter of
				any alleged violation of the Act or this title, the board or the board's agent
				may do either or both of the following:
(1)
				determine whether a compromise would be in the best interests of the State;
				and
(2) suspend any portion of the
				penalty imposed under circumstances deemed appropriate by the board or its
				agent.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 18 - COMPULSIVE GAMBLING ASSISTANCE PLAN STANDARDS › Section 15.1.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all gaming operator licensees and
				  applicants for gaming operators' licenses.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 18 - COMPULSIVE GAMBLING ASSISTANCE PLAN STANDARDS › Section 15.1.18.3 - 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-26(A) requires each applicant for licensure as a gaming operator to
				  submit with the application a plan for assisting in the prevention, education
				  and treatment of compulsive gambling.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 18 - COMPULSIVE GAMBLING ASSISTANCE PLAN STANDARDS › Section 15.1.18.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 15, 1999, 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 18 - COMPULSIVE GAMBLING ASSISTANCE PLAN STANDARDS › Section 15.1.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards for the
				  development of compulsive gambling assistance plans by applicants for gaming
				  operators' licenses and the implementation and maintenance of such plans by
				  licensed gaming operators.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 18 - COMPULSIVE GAMBLING ASSISTANCE PLAN STANDARDS › Section 15.1.18.8 - PLAN REQUIRED FOR LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant for a gaming operator's license shall submit a
				  compulsive gambling assistance plan with its application. The plan shall meet
				  or exceed the minimum standards set forth in this rule. The development of such
				  a plan by the applicant, and the approval of the plan by the board, are
				  conditions of issuance of the original gaming operator's license. The
				  maintenance of the plan as approved by the board is a condition of annual
				  renewal of the license.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 18 - COMPULSIVE GAMBLING ASSISTANCE PLAN STANDARDS › Section 15.1.18.10 - EMPLOYEE TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				compulsive gambling assistance plan shall be designed with employee training
				and education as fundamental aspects of the plan. The purpose of the training
				is to develop awareness of compulsive gambling and to provide resources to
				assist the employee in handling compulsive gambling issues.
B. The employee training program shall
				include training and materials on the following topics:
(1) characteristics and symptoms of
				compulsive gambling behavior;
(2)
				prevalence of compulsive gambling in the general population;
(3) relationship of compulsive gambling to
				other addictions;
(4) social costs
				of compulsive gambling, such as indebtedness, costs for treatment, suicide,
				criminal behavior, lost jobs, and counseling for family problems;
(5) identification of vulnerable populations,
				including women, low-income patrons, the elderly, and persons who abuse drugs
				and alcohol;
(6) intervention
				techniques to be employed where a compulsive gambling problem is identified or
				suspected; and
(7) assistance and
				referral programs, including specific resources and training on how to discuss
				compulsive gambling with a patron and give advice concerning access to
				available services.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 18 - COMPULSIVE GAMBLING ASSISTANCE PLAN STANDARDS › Section 15.1.18.11 - ANNUAL REPORT OF ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Each gaming operator licensee shall submit to the board, no
				  later than March 31 annually, a report detailing the licensee's compulsive
				  gambling activities for the previous 12-month period ending December 31. The
				  report shall be in form and content prescribed or approved by the
				  board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 18 - COMPULSIVE GAMBLING ASSISTANCE PLAN STANDARDS › Section 15.1.18.12 - COMPULSIVE GAMBLING FUNDS DISTRIBUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A racetrack gaming operator shall spend all funds required by
				  statute to fund or support programs for the treatment and assistance of
				  compulsive gamblers each year within 120 days after the close of the licensees
				  fiscal year.
A. Racetracks shall spend
				no more than 15 % on administrative costs, including the salary of the plan
				manager or other person responsible for ensuring that the plan is implemented
				and administered and for marketing of compulsive gambling issues.
B. Racetracks shall spend the remainder of
				the compulsive gambling funds on compulsive gambling training for employees,
				crisis intervention and prevention programs, gambling assistance and treatment,
				and a helpline as identified in the plan and approved by the board.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 19 - PAYMENT OF WINNINGS OVER $1,200.00 UNDER THE GAMING CONTROL ACT › Section 15.1.19.1 - 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 19 - PAYMENT OF WINNINGS OVER $1,200.00 UNDER THE GAMING CONTROL ACT › Section 15.1.19.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all gaming establishments licensed under
				  the Gaming Control Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 19 - PAYMENT OF WINNINGS OVER $1,200.00 UNDER THE GAMING CONTROL ACT › Section 15.1.19.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 60-2E-7(B)(3) of the Gaming Control Act authorizes
				  the Gaming Control Board to develop, adopt and promulgate all regulations
				  necessary to implement and administer the provisions of the Gaming Control
				  Act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 19 - PAYMENT OF WINNINGS OVER $1,200.00 UNDER THE GAMING CONTROL ACT › Section 15.1.19.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 19 - PAYMENT OF WINNINGS OVER $1,200.00 UNDER THE GAMING CONTROL ACT › Section 15.1.19.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 30, 1999, 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 19 - PAYMENT OF WINNINGS OVER $1,200.00 UNDER THE GAMING CONTROL ACT › Section 15.1.19.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures to
				  ensure compliance with Section
				  60-2E-61 of
				  the Gaming Control Act, which provides for liens on winnings for debts
				  collected by the New Mexico Human Services Department.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 19 - PAYMENT OF WINNINGS OVER $1,200.00 UNDER THE GAMING CONTROL ACT › Section 15.1.19.7 - 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 New Mexico
				Gaming Control Act.
B.
"Board"
means the New Mexico gaming control board.
C.
"Child support enforcement lien
				list"
means a list of persons subject to a child support enforcement
				lien by the New Mexico child support enforcement division of the New Mexico
				department of human services.
D.
"Involuntary exclusion list"
means a list of persons who have
				been excluded from all gaming operator licensee's premises in New Mexico
				pursuant to Section
				60-2E-34
				NMSA 1978.
E.
"Person"
means an individual.
F.
"Self-exclusion list"
means a
				list maintained by the board of persons who have requested to be excluded from
				gaming at one or more gaming operator licensee's premises pursuant to Section
				60-2E-34.1
				NMSA 1978.
G.
"State"
means the state of New Mexico.
H.
"This title"
means Title 15,
				Chapter 1 of the New Mexico Administrative Code (NMAC).
I.
"Wager"
means a sum of money
				or thing of value risked on an uncertain occurrence.
J.
"Winning patron"
means a
				person who wins a jackpot or other prize based on his or her play on a gaming
				machine.
K.
"Winnings"
means the gaming machine amount due a winning patron as a result of a
				legitimate wager; "winnings" are based on a single winning transaction on a
				gaming machine or other single transaction that entitles the winning patron to
				money, a prize, or other award.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 1 - GAMES AND GAMING GENERAL PROVISIONS › Part 19 - PAYMENT OF WINNINGS OVER $1,200.00 UNDER THE GAMING CONTROL ACT › Section 15.1.19.8 - PAYOUT RESTRICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A gaming operator licensee shall not pay winnings of twelve
				  hundred dollars ($1,200.00) or more to any winning patron without following the
				  procedures set forth in this rule.