Current through Register Vol. 35, No. 18, September 24, 2024
A.
Confidential information includes any information, document, or communication
that is:
(1) required by law or rules
promulgated by the board to be furnished in connection with an application
submitted to the board or that may otherwise be obtained by the board in
connection with the application;
(2) provided to the members or agents of the
board by a licensee when such information is required to be submitted or
disclosed under the law or rules promulgated by the board;
(3) provided to the members or agents of the
board by a governmental agency or a Confidential informant;
(4) compiled by the members or agents of the
board from other Confidential information, including lists of persons who have
been approved for, or denied, work permits by the board;
(5) obtained by the board in connection with
an application for self-exclusion; or
(6) obtained or compiled by the board or its
agents in the course of an investigation of an applicant or licensee; the
information, document or communication remains Confidential unless and until
disclosure is permitted under the act.
B. Confidential information does not include:
(1) names and business addresses of
applicants or the fact that an applicant has fled an application with the
board;
(2) names and business
addresses of any and all of an applicant's parent companies, affiliates,
subsidiaries, partners, limited partners, major shareholders owning more than
five percent of an applicant's stock, trustees, successor trustees, trust
beneficiaries, or of any person that controls or is in a position to control or
exercise other significant involvement in the operations of the applicant or
licensee;
(3) names and business
addresses of all officers and key employees of the applicant;
(4) names and business addresses of parties
with whom the applicant or licensee contracts or expects to contract to support
the operation of gaming establishments, including the names and addresses of
landlords owning the premises where gaming will occur;
(5) names and business addresses of
manufacturers and distributors with whom the applicant or licensee contracts or
expects to contract for the sale, lease, or use of gaming devices;
(6) written order of final board approval or
denial of an application and any other final action of the board taken on any
other matter involving an applicant or licensee, including but not limited to,
enforcement actions, investigations, rulings on motions and requests for legal
determinations;
(7) legal documents
submitted by applicants or licensees, including but not limited to, motions,
requests for legal determinations, comments, briefs, notices of appeal,
etc.; provided, however, that information contained or
attached to such documents that otherwise meets the Confidentiality
requirements of this section will be treated accordingly pursuant to Subsection
A of 15.1.2.8 NMAC and all its subparts above;
(8) documents or information that is
available from another state agency, federal agency, or other public
source;
(9) an administrative
complaint fled by the board; or pleadings fled by any party to such an
administrative complaint; or
(10)
any other information ruled by the board, in its discretion, not to be
Confidential.
C. The
board members or agents will receive, process, store and maintain all
Confidential information in a manner and location sufficient to ensure that the
Confidential information is secure and that access is strictly limited to
authorized persons. Only members of the board or its agents, including persons
designated by the board or authorized by law to conduct investigations of
applicants and licensees, may have access to the Confidential information,
except that designated employees of gaming operator licensees shall have access
to the names of persons self-excluded from gaming venues, as necessary to
implement the state's self-exclusion program and as provided by rules
promulgated by the board.
D.
Confidential information shall be disclosed upon issuance of a lawful order by
a court of competent jurisdiction ordering the board to release such
information. Absent such an order, Confidential information will be disclosed
only with the prior written consent of the subject applicant or licensee,
except as required to implement the state's self-exclusion program and as
provided by rules promulgated by the board.
