Current through Register Vol. 43, No. 39, September 26, 2024
(a) Any licensee,
certificate holder, permit holder, or applicant may be sanctioned for violating
any provision of the act, these regulations, or any other law that directly or
indirectly affects the integrity of gaming in Kansas, including a violation of
any of the following:
(1) Failing to disclose
material, complete, and truthful information to the commission and its
staff;
(2) failing to comply with
any of the duties in article 101;
(3) being a facility manager and employing
unlicensed employees or independent contractors;
(4) being a facility manager and contracting
with uncertified gaming or nongaming suppliers;
(5) failing to follow the commission's
minimum internal control standards or the facility manager's minimum internal
control system;
(6) failing to
follow the commission's security regulations or the facility manager's security
plan;
(7) failing to follow the
commission's surveillance regulations or the facility manager's surveillance
plan;
(8) failing to enforce the
involuntary exclusion list;
(9)
failing to enforce the facility manager's responsible gaming plan or the
provisions of article 112;
(10)
failing to post signs informing patrons of the toll-free number available to
provide information and referral services regarding problem gambling;
or
(11) permitting persons who are
less than 21 years of age that do not have an occupation license to be in areas
where electronic gaming machines or lottery facility games are being
conducted.
(b) The
commission, disciplinary review board, and executive director shall have the
authority to impose any of the following sanctions:
(1) License, certificate, or permit
revocation;
(2) license,
certificate, or permit suspension;
(3) license, certificate, or permit
application denial;
(4) a monetary
fine pursuant to
K.S.A.
74-8764 and amendments thereto;
(5) warning letters or letters of reprimand
or censure. These letters shall be made a permanent part of the file of the
licensee, applicant, permit holder, or certificate holder; or
(6) any other remedial sanction agreed to by
the licensee, applicant, certificate holder, or permit holder.
(c) Each sanction shall be
determined on a case-by-case basis. In considering sanctions, the following may
be considered by the executive director, disciplinary review board, or
commission:
(1) The risk to the public and to
the integrity of gaming operations created by the conduct of the licensee,
certificate holder, permit holder, or applicant facing sanctions;
(2) the nature of the violation;
(3) the culpability of the licensee,
certificate holder, permit holder, or applicant responsible for the
violation;
(4) any justification or
excuse for the conduct;
(5) the
history of the licensee, certificate holder, permit holder, or applicant with
respect to compliance with the act, these regulations, or other law;
and
(6) any corrective action taken
by the licensee, certificate holder, permit holder, or applicant to prevent
future misconduct.
(d)
In the case of a monetary fine, the financial means of the licensee,
certificate holder, permit holder, or applicant may be considered.
(e) It shall be no absolute defense that the
licensee, certificate holder, permit holder, or applicant inadvertently,
unintentionally, or unknowingly violated a provision of the act or these
regulations. These factors shall affect only the degree of the sanction to be
imposed by the commission.
(f) Each
violation of any provision of these regulations that is an offense of a
continuing nature shall be deemed to be a separate offense on each day during
which the violation occurs. The commission shall not be precluded from finding
multiple violations within a day of those provisions of the regulations that
establish offenses consisting of separate and distinct acts.
