13 Miss. Code. R. 2-10.3 - Procedure For Hearing After Denial By Executive Director

(a) If the Executive Director denies an application for a work permit and the applicant requests a hearing pursuant to Miss. Code Ann. 75-76-131(5), the hearing examiner shall schedule a hearing as soon as practicable after receipt of the request.

(b) At the hearing, the Executive Director shall present any evidence supporting his reasons for denial and the applicant shall then present any evidence controverting the Executive Directors reasons.

(c) Each party may cross-examine all witnesses and may subpoena witnesses to testify or produce evidence at the hearing. The hearing examiner shall issue subpoenas upon the request of a party, but for good cause shown may limit or quash any subpoena issued.

(d) No discovery shall be permitted except upon a finding of good cause justifying the discovery sought.

(e) The standard of review to be used by a hearing examiner is identical to the scope of review a court would have of a final commission action. The Hearing Examiner is to focus on the Commission regulations, policies and procedures, as well as the Commissions adherence to its own regulations and fairness of enforcing the Gaming Control Act and Mississippi Gaming Commission Regulations; then determine only whether the Commission is in compliance with those regulations.

(f) Notwithstanding any other regulations concerning denial of work permits, the Hearing Examiner shall have discretion to recommend grant or denial of a permit and the Mississippi Gaming Commission shall have discretion to grant or deny a permit, except as proscribed by statute. Factors to be considered in the exercise of discretion include, but are not limited to:

1. the nature and character of the offense or other matters alleged against the applicant, including all surrounding facts and circumstances, whether or not resulting in conviction;

2. the length of time since commission of the offense or other matters alleged;

3. all criminal history of the applicant, including arrests, considering the type, frequency and number of arrests and convictions, before and after the offense or matter alleged; and

4. whether it is in the best interests of gaming for the applicant to hold a work permit.

(g) Hearing Examiners shall be chosen as follows; either from the Attorney Generals office, a contracted private party or an individual whose expertise is relevant to properly interpret and enforce the Gaming Control Act and Mississippi Gaming Commission Regulations. Hearings may be conducted by telephone if the parties agree. (Adopted: 09/25/1991; Amended: 03/29/1993; Amended: 10/22/1998)

Notes

13 Miss. Code. R. 2-10.3

Miss. Code Ann. §§ 75-76-75