PURPOSE: This amendment adds entities that conduct
fantasy sports contests to the list of licensees against which the commission
can act to immediately suspend the privileges under a license where the public
health, safety, or welfare is endangered and preservation of the public
interest or statutory provisions requires such suspension of
privileges.
(1) Upon a
finding that sufficient facts exist to show that a licensee has violated a
provision of section
313.004
to 313.090, RSMo, sections 313.800 to 313.850, RSMo, or sections
313.900 to
313.955, RSMo, or any rule promulgated by the commission under 11 CSR 30, et
seq. or 11 CSR 45, et seq. as may be amended from time-totime and that such
facts constitute an immediate threat to the public health, safety, or welfare,
the director may issue an emergency order immediately suspending the privileges
under the license that allow the licensee to-
(A) Conduct gambling games on an excursion
gambling boat; or
(B) Serve as an
officer, director, trustee, proprietor, managing agent, or general manager of a
licensee or key person of a licensee; or
(C) Work on an excursion gambling boat or
have access to restricted areas on an excursion gambling boat; or
(D) Sell gambling supplies; or
(E) Operate a bingo game; or
(F) Sell or manufacture bingo supplies;
or
(G) Conduct fantasy sports
contests.
The director shall have notice of the emergency order
personally served upon the licensee or, if the licensee is not available
personally, it may be served by certified mail or overnight express mail,
postage prepaid.
(2) Upon receipt of notice of an emergency
suspension of license privileges as set forth in section (1) of this rule, the
licensee may request an immediate informal hearing before the director. A
request for informal hearing must be in writing and delivered to the director
at the commission's office in Jefferson City via facsimile, personal delivery
or express mail, postage prepaid. The director or his/her designee shall hold
the informal hearing within forty-eight (48) hours of receipt of the request
for hearing. The procedure for the hearing shall be as follows:
(A) The director or his/her designee shall
call the hearing to order and present a statement of facts summarizing the
violations of statute and regulation committed by the licensee and the
reason(s) why the licensee's conduct constitutes an immediate threat to the
public health, safety or welfare such that it demands an emergency
order;
(B) The licensee may respond
by submitting evidence and/or witnesses supporting its position that the
conduct does not constitute a violation of law or that it is not of such
severity that it demands emergency action. The director or his/her designee may
require that witnesses testify under oath. All relevant evidence is admissible.
The director or his/her designee may question witnesses. At the conclusion of
the licensee's presentation of evidence, the licensee may make a concluding
argument as to why the emergency order should not stand; and
(C) Upon receiving all evidence presented by
the licensee and hearing the licensee's final argument, the director or his/her
designee shall render a decision as to whether or not the order will stand. If
the director reaffirms the order, it shall be scheduled for a hearing before
the full commission as provided in section (3) of this rule.
(3) Emergency orders issued
pursuant to section (1) of this rule, except those that have been rescinded by
the director after an informal hearing provided for in section (2), shall be
presented to the commission at its next meeting where a hearing will be
conducted to determine the validity of the issuance of the order. The hearing
shall be commenced within seven (7) days of the service of notice of the
emergency order upon the licensee unless sufficient cause can be shown as to
why a hearing cannot be commenced within that time. Under no circumstance shall
such hearing be commenced more than fourteen (14) days after service of notice
of the emergency order unless a delay is requested by the licensee. The
commission shall preside over the hearing which shall be conducted in
accordance with the procedures set forth in
11 CSR 45-13.060. The
commission may designate a hearing officer to direct the hearing and rule on
evidentiary matters. However, the hearing officer's rulings shall be advisory
only and may be overruled by the commission. Upon conclusion of oral arguments
and evidentiary presentations, the commission shall determine whether
sufficient cause exists to uphold the proposed emergency order.
(4) If the commission finds there are facts
sufficient to support a finding that the alleged conduct occurred, that it
poses an immediate threat to the public health, safety or welfare and that the
effective regulation of gaming demands the action, it shall adopt a resolution
ratifying the emergency order. The commission may amend the language in the
emergency order based upon the evidence presented at the hearing. The
commission's resolution shall establish the length of term for the order by
establishing an expiration date. The expiration date may be a specific date,
dependent on the completion of specified remedial actions or dependent on the
outcome of a proposed disciplinary action issued by the commission pursuant to
11 CSR
45-13.050. If the expiration date is dependent upon
specific remedial actions, the commission shall provide a detailed description
of the remedies in the resolution and shall establish procedures whereby the
licensee can demonstrate that it has complied with the required remedies. Any
resolution adopted to ratify the emergency order is a final decision of the
commission for purposes of appeal.
(5) If the commission finds that there is
insufficient cause to support the order, it shall adopt a resolution rescinding
the emergency order and the licensee's privileges shall be
reinstated.
(6) Resolutions
ratifying or rescinding emergency orders adopted pursuant to the provisions of
this rule shall not prohibit the commission from instituting a proposed
disciplinary action using the procedures set forth in
11 CSR
45-13.050.
(7) Copies of the final commission order
shall be served on the licensee by certified or overnight express mail, postage
prepaid; or by personal delivery.
Notes
11 CSR 45-13.055
AUTHORITY: sections
313.004,
313.052,
313.560,
313.800 and 313.805, RSMo 1994.* Emergency rule filed July 30, 1999, effective
Aug. 9, 1999, expired Feb. 24, 2000. Emergency amendment filed Nov. 30, 2006,
effective Dec. 10, 2006, expired June 7, 2007. Original rule filed Dec. 17,
1999, effective July 30, 2000.
Amended by
Missouri
Register February 15, 2017/Volume 42, Number 04, effective
3/31/2017
*Original authority: 313.004, RSMo 1993, amended 1994;
313.052, RSMo 1994; 313.560, RSMo 1986, amended 1987; 313.800, RSMo 1991;
amended 1992, 1993, 1994; 313.805, RSMo 1991, amended 1992, 1993,
1994.