Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Variance request submitted to board.
A licensee may request a variance from a rule pertaining to
lawful gambling.
A. The request must
contain:
(1) the information required by
Minnesota Statutes, section
14.056,
subdivision 1; and
(2) the
estimated fee as determined by the board in agreement with the licensee
according to Minnesota Statutes, section
14.056,
subdivision 2, paragraphs (a), clause (2), and (b).
B. The board may not consider a variance
request that seeks:
(1) relief from a civil
fine or disciplinary action imposed under this chapter;
(2) an ongoing variance of a rule;
(3) relief from a requirement imposed by
lawful gambling statute; or
(4) a
variance on behalf of other licensees.
Subp. 2.
Procedure for variance
requests.
In addition to the requirements of Minnesota Statutes, section
14.056,
the board must approve or deny a variance request according to the following
procedures:
A. Upon receipt of a
variance request, the board must notify the requesting licensee of the time,
date, and place of the board meeting at which the variance will be considered.
The board will consider variance requests during its regularly scheduled
monthly meeting.
B. The board may
request the licensee to submit additional information regarding the variance
request, or to appear before the board to provide additional information. If
the board determines that the licensee must appear before the board, the board
must provide advance notice to the licensee before the board meeting at which
the variance request is considered. This procedure is not a contested case
hearing as defined in Minnesota Statutes, chapter 14.
C. If the licensee requesting the variance
fails to follow the procedures in this part, the provisions of Minnesota
Statutes, section
14.056,
or fails to appear before the board when requested, the board must deny the
variance request.
Subp.
3.
Criteria for approving and denying variance
requests.
The board may approve a variance from any of its rules if it
finds that all of the following criteria have been met:
A. strict application of the rule would cause
undue and substantial hardship to the licensee applying for the
variance;
B. approving the variance
does not confer a benefit on the licensee which is not enjoyed by other
licensees similarly situated;
C.
approving the variance does not substantially impair the intent and purposes of
the board's rules;
D. the variance
can be approved without impacting the integrity of lawful gambling, or the
public health, safety, or welfare;
E. approving the variance does not allow
violation of Minnesota Statutes, chapter 297E, 299L, or 349; and
F. the variance is for a onetime variance for
the licensee, not an ongoing variance of the rule.
Statutory Authority: MS s
14.055;
349.12;
349.151;
349.154;
349.155;
349.16;
349.162;
349.163;
349.1635;
349.165;
349.166;
349.167;
349.169;
349.17;
349.1711;
349.1721;
349.173;
349.19;
349.191;
349.211
