13 Miss. Code. R. § 15-5.2 - Investigations

Current through December 27, 2021

(a) If after any investigation the Executive Director is satisfied that a license should be limited, conditioned, suspended, or revoked, he shall initiate a hearing by filing a Complaint with the Commission and transmit therewith a summary of evidence in his possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the Executive Director to the licensee.

(b) Upon receipt of the Complaint of the Executive Director, the Commission shall review all matters presented in support thereof and shall appoint a hearing examiner to conduct further proceedings.

(c) After proceedings required by Miss. Code Ann. §§ 97-33-301 through 300 97-33-317, the hearing examiner may recommend that the Commission take any or all of the following actions:

1. As to operations at a licensed gaming establishment under Miss. Code Ann. § 97-33-307(5):

i. Limit, condition, suspend, or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment; and

ii. Order an operator to exclude an individual licensee from the operation of the registered business or not to pay the licensee any remuneration for services or any profits, income, or accruals on his investment in the licensed gaming establishment.

2. Limit, condition, suspend, or revoke any license granted to any applicant by the Commission;

3. Fine each licensee for any act or transaction for which Commission approval was required or permitted, as provided in Miss. Code Ann. § 97-33-309.

(d) The hearing examiner shall prepare a written decision containing his recommendation to the Commission and shall serve it on all parties. Any party disagreeing with the hearing examiner's recommendation may ask the Commission to review the recommendation within ten (10) days of service of the recommendation. The Commission may hold a hearing to consider the recommendation whether there has been a request to review the recommendation or not.

(e) If the Commission decides to review the recommendation, it shall give notice of that fact to all parties within thirty (30) days of the recommendation and shall schedule a hearing to review the recommendation. The Commission's review shall be de novo but shall be based upon the evidence presented before the hearing examiner. The Commission may remand the case to the hearing examiner for the presentation of additional evidence upon a showing of good cause why the evidence could not have been presented at the previous hearing. If the Commission does not decide to review the recommendation within thirty (30) days, the recommendation becomes the final order of the Commission. If the Commission limits, conditions, suspends, or revokes any license, or imposes a fine, it shall issue its written order therefor after causing to be prepared and filed the hearing examiner's written decision upon which the order is based.

(f) Any limitation, condition, revocation, suspension, or fine is effective until reversed upon judicial review, except that the Commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.

(g) Judicial review of an order or decision of the Commission may be had to the Chancery Court of the First Judicial District of Hinds County, Mississippi, as a case in equity.

(h) A license is automatically revoked if the individual is convicted of a felony in any court of this state, another state, or the United States or if the individual is convicted of a crime in any court of another state or the United States which, if committed in this state, would be a felony. An appeal from the conviction shall not act as a supersedeas to the revocation required by this subsection.

Notes

13 Miss. Code. R. § 15-5.2

Miss. Code Ann. § 97-33-315.

Adopted July 16, 2017