205 CMR, § 115.05 - Phase 1 and New Qualifier Determination by the Commission
(1) After the proceedings under
205
CMR 115.04, the Commission shall issue a
written determination of suitability pursuant to M.G.L. c. 23K, §§
4(15), 12 and 17.
(2)
Negative Determination. If the Commission finds that
an applicant or new qualifier or existing qualifier failed to meet its burden
of demonstrating compliance with the suitability standards in M.G.L. c. 23K and
205 CMR
115.00, the Commission shall issue a negative
determination of suitability.
(3)
Positive Determination. If the Commission finds that
an applicant or new qualifier or existing qualifier has met its burden of
demonstrating compliance with the suitability in M.G.L. c. 23K and
205 CMR
115.00, the Commission shall issue a positive
determination of suitability which may include conditions and
restrictions.
(4) The Commission
shall not entertain a Phase 2 application for any applicant unless and until
the Commission has issued a positive suitability determination on that
applicant.
(5)
No
Appeal from Commission's Determination of Suitability. Pursuant to
M.L.G. c. 23K, § 17(g), the applicant or qualifier shall not be entitled
to any further review.
(6) A host
community may not hold an election in accordance with M.G.L. c. 23, §
15(13) until the Commission has issued a positive determination of suitability
to the applicant, in accordance with
205
CMR 115.05(3), unless the
following conditions are satisfied:
(a) Prior
to the request by the applicant for an election, in accordance with
205
CMR 124.02(1):
Request for an Election, the governing body of the community
formally approves of holding the election prior to a positive determination of
suitability having been issued to the applicant by the Commission;
and
(b) At the expense of the
applicant, prior to the election the community has conducted a process for
informing the community about the Commission's determination of suitability
standards and procedures, which shall include, but not be limited to, the
provision of a notice designed to be received by voting households within the
community informing such households that an election is to be held for which
the applicant has yet to be issued a positive determination of suitability,
that the Commission will make its determination of suitability after completing
a thorough background investigation of the applicant, its principal operating
officers and investors, and that the Commission will not permit the applicant
or its principal operating officers or investors to proceed with the
application unless it determines that they are suitable to operate a gaming
facility in Massachusetts. The content of the notice shall be forwarded to the
Commission for approval prior to dissemination. A description of other methods
to so inform the community about the Commission's determination of suitability
standards and procedures shall also be forwarded to the Commission prior to
holding of the election. Any failure to issue the notice to one or more voting
households shall not be deemed by the Commission to be a failure to meet the
requirements of
205
CMR 115.05(6), provided that
a community demonstrates reasonable efforts to comply with the requirements of
205
CMR
115.05(6).
Notes
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