205 CMR 137.01 - Certification of School

(1) No person shall offer a course of instruction in Massachusetts designed to prepare an individual for employment at a gaming facility as a dealer, slot machine technician, or surveillance personnel, without first obtaining certification as a gaming school from the commission in accordance with 205 CMR 137.00. Training provided by a gaming licensee to its employees shall be exempt from 205 CMR 137.00 so long as no fee or tuition is charged to the employees. Further, 205 CMR 137.00 shall not be construed so as to preclude a vendor to the gaming licensee from providing a demonstration of its equipment or training for the use of its equipment to a gaming licensee or the licensee's employees.

(2) The commission shall maintain a list of all certified gaming schools on its website at www.massgaming.com.

(3) To become a certified gaming school a person shall submit an application to the commission's Division of Licensing on a form provided by the commission that contains at least the following information:

(a) Name of applicant;

(b) Location where course(s) is to be offered;

(c) Name and contact information for responsible individual;

(d) The titles of all courses to be offered;

(e) Proof of licensure by the Division of Professional Licensure in accordance with M.G.L. c. 112, § 263 and 230 CMR: Division of Professional Licensure or proof of approval by either the Massachusetts Department of Labor and Workforce Development, in order to receive state and federal training dollars administered by the Commonwealth, the Board of Higher Education or the Massachusetts Department of Elementary and Secondary Education;

(f) The curriculum outlining the particulars of all courses to be offered as specified in 205 CMR 137.02 along with the methods of instruction and other details as required and approved by the entity referenced in 205 CMR 137.01(3)(e);

(g) An itemized list of all gaming equipment in accordance with 205 CMR 137.05;

(h) A description or documentation of a system designed to document successful placement of students with employers in the commonwealth;

(i) Attestation that the applicant has reviewed and understands 940 CMR 31.00: For-profit and Occupational Schools;

(j) Statement signed under the pains and penalties of perjury as to the truthfulness of the contents of the application including any attachments; and

(k) A $100 certification fee.

(4) Applications shall be submitted to the commission's Division of Licensing. The Division of Licensing shall issue a certification to the applicant upon a finding that the application contains all of the elements described in 205 CMR 137.01(3). In the event that the Division of Licensing deems an application to be incomplete it shall notify the applicant in writing and specify the deficiency. The applicant may either remedy the issue or appeal the finding to the commission in writing. The commission shall then conduct an adjudicatory hearing on the matter in accordance with 205 CMR 101.00: M.G.L. c. 23K Adjudicatory Proceedings. Any person aggrieved by a decision of the Commission may appeal such decision in conformance with M.G.L. c. 30A, § 14.

(5) A certification issued in accordance with 205 CMR 137.00 shall be coterminous with the underlying licensure or approval referenced in 205 CMR 137.01(3)(e), as applicable. In order to maintain its certification upon expiration of its underlying licensure or approval, a school shall submit proof to the commission's Division of Licensing of renewal of its underlying licensure or approval along with an update as to whether any of the elements described in 205 CMR 137.01(3) have changed since the application was submitted.

(6) A gaming school that is certified in accordance with 205 CMR 137.00 shall be subject to the requirements of 205 CMR 112.00: Required Information and Applicant Cooperation and shall have an ongoing duty to provide updated information to the commission relative to any material change in facts or circumstances from those contained in its application. The commission, or its designee, may inspect the premises, attend a course, or review the records of a gaming school at any time.

Notes

205 CMR 137.01

Amended by Mass Register Issue 1272, eff. 10/24/2014.