205 CMR 137.06 - Discipline

(1) Concurrent Obligations. Any school approved in accordance with 205 CMR 137.00 shall continue to be subject to all applicable laws and regulations enforced by its approving entity in accordance with 205 CMR 137.01(3)(e), including the Division of Professional Licensure and Board of Higher Education.

(2) Notice of Action. Any gaming school certified in accordance with 205 CMR 137.00 must report any disciplinary action commenced by its approving entity, accreditor, any other governing agency, identified in accordance with 205 CMR 137.01(3) (e), the Office of the Attorney General, or any other law enforcement agency to the commission within ten days of such notice being received and shall have an affirmative obligation to advise the commission as to the outcome promptly upon determination.

(3) Any certification issued in accordance with 205 CMR 137.00 may be suspended or revoked, or the school reprimanded or a civil administrative penalty assessed, for any of the following reasons:

(a) failure to abide by any provision of 205 CMR 137.00;

(b) failure to provide updated information relative to its application in accordance with 205 CMR 137.01(6);

(c) disciplinary action has been taken or pursued against the school by its governing agency or entity as identified in 205 CMR 137.01(3)(e), the Office of the Attorney General, or any other law enforcement agency;

(d) the school is unable to provide the proper education required to prepare individuals for employment at a gaming establishment or facility as a dealer, slot machine technician, or surveillance personnel or is otherwise unsuitable in accordance with M.G.L. c. 23K, § 12.

(4) Finding and Decision. If the Bureau finds that a gaming school licensee has violated a provision of 205 CMR 137.06(3), it may issue a written notice of decision reprimanding, suspending, or revoking the license or assessing a civil administrative penalty upon said licensee. Such notice shall be provided in writing and contain a factual basis and the reasoning in support of the decision, including citation to the applicable statute(s) or regulation(s) that supports the decision. It shall further advise the licensee of its right to a hearing and its responsibility to request a hearing in accordance with 205 CMR 137.06(6) if they so choose, and that failure to do so may result in the decision automatically being imposed. Mailing of the notice to the address on record with the commission, or emailing the notice to the address provided to the commission by the licensee shall be deemed satisfactory notice of the decision.

(5) Civil Administrative Penalties. The Bureau may assess a civil administrative penalty on a gaming school licensee, in accordance with M.G.L. c. 23K, § 36, for a violation of 205 CMR 137.06(3).

(6) Review of Decision. If a gaming school licensee is aggrieved by a decision made in accordance with 205 CMR 137.06(4) or (5), it may request review of said decision in accordance with 205 CMR 101.00: M.G.L. c. 23K Adjudicatory Proceedings. Failure of the licensee to request review may result in the decision automatically being imposed.

Notes

205 CMR 137.06

Amended by Mass Register Issue 1272, eff. 10/24/2014. Amended by Mass Register Issue 1369, eff. 7/13/2018.