(1) Upon receipt of
an application for a key gaming employee license in accordance with
205 CMR
134.01, a gaming employee license in
accordance with
205 CMR
134.02, a gaming service employee
registration in accordance with
205 CMR
134.03, a gaming vendor license in accordance
with
205 CMR
134.04(1), a non-gaming
vendor registration in accordance with
205 CMR
134.04(4), or the disclosure
materials from a gaming vendor qualifier in accordance with
205 CMR
134.04(4), the Division of
Licensing shall conduct a review of each for administrative completeness and
then forward the application or submission to the Bureau which shall conduct an
investigation of the applicant. In the event an application or submission is
deemed incomplete, the Division of Licensing may either request supplemental
information from the applicant or qualifier, or administratively close the
application in accordance with
205
CMR 134.14. For individuals, the
investigation shall include obtaining and reviewing criminal offender record
information from the Department of Criminal Justice Information Services
(DCJIS) and exchanging fingerprint data and criminal history with the
Massachusetts Department of State Police and the United States Federal Bureau
of Investigation. The investigation shall be conducted for purposes of
determining whether the applicant is suitable to be issued a license or
registration in accordance with
205
CMR 134.10 and
134.11.
In determining the weight to be afforded any information
bearing on suitability in accordance with
205
CMR 134.10 and
134.11,
the Division of Licensing, Bureau, or commission, as applicable, shall
consider: the relevance of the information to employment in a gaming
establishment or doing business with a gaming establishment in general, whether
there is a pattern evident in the information, and whether the applicant is
likely to be involved in gaming related activity. Further, the information will
be considered in the light most favorable to the applicant, unless the
information cannot be so viewed pursuant to M.G.L. c. 23K or the information
obtained does not otherwise support such view. For purposes of
205 CMR 134.00, and M.G.L.
c. 23K, § 16, an adjudication of delinquency shall not be considered a
conviction. Such a finding may, however, be considered for purposes of
determining the suitability of an applicant. Sealed or expunged records of
criminal or delinquency appearances, dispositions, and/or any information
concerning such acts shall not be considered for purposes of making a
suitability determination in accordance with
205 CMR 134.00, and M.G.L.
c. 23K.
(a)
Keys Gaming
Employee-executive, Key Gaming Employee-standard, and Gaming
Employees. Upon completion of the investigation conducted in
accordance with 205 CMR 134.09(1), the Bureau shall either approve or deny the
application for a key gaming employee-executive license, key gaming
employee-standard license or a gaming employee license pursuant to
205
CMR 134.10. If the application for a Key
Gaming Employee-standard license or Gaming Employee license is approved, the
Bureau shall forward a written approval to the Division of Licensing which
shall issue a license to the applicant on behalf of the Commission. If the
Bureau approves the application for a Key Gaming Employee-executive, the
decision shall be forwarded to the Commission as a recommendation along with
the application materials for review and issuance of the license. If the
application is denied, the Bureau shall forward the recommendation for denial
and reasons therefor to the Division of Licensing which shall issue a written
decision to the applicant explaining the reasons for the denial. The decision
shall include an advisory to the applicant that they may appeal the decision in
accordance with
205 CMR 101.00:
M.G.L. c. 23K Adjudicatory Proceedings. If the denial is based
upon information contained in the individual's criminal record, the decision
shall also include an advisory that the individual will be provided with a copy
of their criminal record upon request and that they may challenge the accuracy
of any relevant entry therein. The decision may be served via
first class mail or via email to the addresses provided by the
applicant on the application.
(b)
Gaming Service Employees. The Division of Licensing
shall issue a gaming service employee registration to the applicant on behalf
of the commission in accordance with
205
CMR 134.11(1). In the event
that the Bureau determines upon completion of the investigation conducted in
accordance with 205 CMR 134.09(1) that the applicant should be disqualified
from holding a registration or is otherwise unsuitable in accordance with
205
CMR 134.11, it shall forward the results of
the investigation to the Division of Licensing which shall issue a written
notice to the registrant denying or revoking the registration. The notice shall
include an advisory to the applicant that they shall immediately cease
employment at the gaming establishment and may request an appeal hearing in
accordance with 101.00: M.G.L. c. 23K Adjudicatory
Proceedings. If the denial is based upon the information contained in
the individual's criminal record, the decision shall also include an advisory
that the individual will be provided with a copy of their criminal record upon
request and that they may challenge the accuracy of any relevant entry therein.
The notice may be served via first class mail or
via email to the addresses provided by the applicant on the
application.
(c)
Gaming
Vendors. Upon completion of the investigation, conducted in
accordance with 205 CMR 134.09(1), the Bureau shall either approve or deny the
application for a gaming vendor license pursuant to
205
CMR 134.10. If the Bureau approves the
application for a Gaming Vendor, the Bureau shall forward a written approval to
the Division of Licensing which shall issue a license to the applicant on
behalf of the Commission. If the application is denied, the Bureau shall
forward the determination of denial and reasons therefor to the Division of
Licensing which shall issue a written decision to the applicant explaining the
reasons for the denial. The decision shall include an advisory to the applicant
that they may appeal the decision in accordance with
205 CMR 101.00:
M.G.L. c. 23K Adjudicatory Proceedings. If the denial is based
upon information contained in a person's criminal record, the decision shall
also include an advisory that the person will be provided with a copy of their
criminal record upon request and that they may challenge the accuracy of any
relevant entry therein. The decision may be served via first
class mail or email to the addresses provided by the applicant on the
application.
(d)
Non-gaming Vendors. The Division of Licensing shall
issue a non-gaming vendor registration to the applicant on behalf of the
commission in accordance with
205
CMR 134.11(1). In the event
that the Bureau determines, upon completion of the investigation conducted in
accordance with 205 CMR 134.09(1), that the applicant should be disqualified
from holding a registration or is otherwise unsuitable in accordance with
205
CMR 134.11, it shall forward the results of
the investigation to the Division of Licensing which shall issue a written
notice to the registrant denying or revoking the registration. The notice shall
include an advisory to the applicant that they shall immediately cease doing
business with the gaming establishment and may request an appeal hearing in
accordance with
205 CMR 101.00:
M.G.L. c. 23K Adjudicatory Proceedings. If the denial is based
upon the information contained in the person's criminal record, the decision
shall also include an advisory that the person will be provided with a copy of
their criminal record upon request and that they may challenge the accuracy of
any relevant entry therein. The notice may be served via first
class mail or via email to the addresses provided by the
applicant on the application.
(e)
Labor Organizations. The Bureau shall issue a Labor
Organization registration to the applicant on behalf of the commission in
accordance with
205
CMR 134.11(1).
