South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:08.01 - Exclusion list › Section 20:18:08.01:02 - Criteria for exclusion

Current through Register Vol. 51, page 10, July 15, 2024
The criteria to be applied by the commission to prepare a
				  list of persons to be included on the exclusion list are the criteria set forth
				  in SDCL 42-7B-61, any one of which is
				  sufficient for placement of a person on the list.
The commission, in its discretion, may establish evidence of
				  notorious or unsavory reputation, as that term is used in SDCL subdivision
				  42-7B-61(3), by identification of a person's criminal activities in a published
				  report of any state or federal legislative or executive body that has inquired
				  into various aspects of criminal activities and in the report or investigation
				  of any state or federal law enforcement agency that has inquired into or
				  investigated criminal activities. This evidence may also include any state or
				  federal crime commission, legislative study or legislative subcommittee study
				  on crime, any presidential commission on crime, or any state or federal law
				  enforcement agency or authority report.
The commission, in its discretion, may establish evidence of
				  conduct that would adversely affect public confidence that gaming is conducted
				  honestly, as that term is used in SDCL subdivision 42-7B-61(4), by any one of
				  the following criteria:
(1) The
				person's character, background, past activity is incompatible with the
				maintenance of public confidence and trust in the credibility, integrity, and
				stability of licensed gaming;
(2)
				The person's character, background, or past activity could reasonably be
				expected to impair the public perception of, and confidence in, the strict
				regulatory process created by SDCL Chapter 42-7 B and ARSD Article
				20:18;
(3) The person's character,
				background, or past activity could create or enhance a risk of the fact or
				appearance of unsuitable, unfair, or illegal practices, methods or activities
				in the conduct of gaming or in the business or financial arrangements
				incidental thereto; or
(4) Any
				other factor reasonably related to the maintenance of public confidence in the
				efficacy of the regulatory process and the integrity of gaming operations and
				the gaming industry and its employees.
Race, color, creed, national origin or ancestry, or sex is
				  not a reason for inclusion of a person upon the exclusion list.
Before a name is placed on the exclusion list, the commission
				  shall first informally review the information or evidence in its possession and
				  make a determination that there is sufficient reason to believe that any one of
				  the criteria specified in SDCL
				  42-7B-61 is applicable to the
				  candidate. At least three commission members shall concur in such decision at
				  an informal investigative hearing conducted by the commission which may be
				  conducted in executive session. No formal meeting of the commission is required
				  to reach such a decision.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-61.
Law Implemented:
SDCL
					 42-7B-7,
					 42-7B-11(11),
					 42-7B-61.