(1) Upon a
determination that an RFA-2 application is administratively complete, the
commission will determine the surrounding communities pursuant to
205 CMR
125.00: Surrounding Communities,
determine the impacted live entertainment venues pursuant to
205 CMR 126.00:
Impacted Live Entertainment Venues, and review the merits of
the application. In doing so, the commission may, at such times and in such
order as the commission deems appropriate, take some or all of the following
actions:
(a) Hold one or more open meetings
concerning the application;
(b)
Refer the RFA-2 application, or any parts thereof, for advice and
recommendations, to any or all of the following:
1. The executive director;
2. The bureau;
3. Any office, agency, board, council,
commission, authority, department, instrumentality or division of the
commonwealth;
4. Any office,
agency, board, council, commission, authority, department, instrumentality or
division of the host community or any potential surrounding
community;
5. Any consultant
retained in accordance with 205 CMR 118.04(1)(c);
6. Commission staff.
(c) Retain, or authorize the executive
director or the deputy director to retain, at the applicant's expense, such
professional consultants (including without limitation financial and accounting
experts, architects, engineers, environmental professionals, legal experts,
gaming experts, contractor investigators, and other qualified professionals) as
the commission in its discretion deems necessary and appropriate to review the
application and make recommendations;
(d) Receive independent evaluations of the
application;
(e) Require or permit
presentations by the applicant and its representatives;
(f) Require or permit the applicant to
provide additional information and documents pursuant to
205 CMR 112.00:
Required Information and Applicant Cooperation;
(g) Require or permit the executive director,
with the assistance of commission's agents and employees, to negotiate with the
applicant and its agents and employees concerning potential improvements to the
applicant's proposed gaming establishment, its mitigation plans, and its
proposals to ensure economic and other benefits to the region and to the
commonwealth;
(h) Require or permit
the applicant to supplement or amend its application as the commission
determines to be in the best interests of the host community, one or more
surrounding communities or impacted live entertainment venues, the region or
the commonwealth;
(i) On a regional
basis for Category 1 applicants or on a state-wide basis for Category 2
applicants:
1. screen out and deny one or
more applications; and
2. identify
finalists for further consideration;
(j) In the commission's discretion, request
best and final offers by finalists;
(2) The commission shall retain the
discretion to take or not to take any actions under 205 CMR 118.04(1) as it
deems appropriate with respect to an RFA-2 application; and the fact that the
commission has or has not taken any such action with respect to one or more
RFA-2 applications shall not obligate the commission to do so or not to do so
with respect to any other RFA-2 application or applications.
