Gaming

(a) Upon a determination that a person comes under any one of the criteria listed in Part 4 Chapter 1 Rule 1.3, such person shall be deemed a candidate for exclusion and a petition for exclusion may be filed by the Executive Director. Such petition shall include the identity of t…

Any person who has been placed on any exclusion list may petition the Commission in writing and request that his name be removed from the list. (Adopted: 09/25/1991.) Notes 13 Miss. Code. R. 4-1.5 Miss. Code Ann. § 75-76-33

A license, registration, finding of suitability, or other affirmative approval granted by the Commission to any person authorizing that person to have any involvement in the gaming industry is a revocable privilege, and no holder thereof shall be deemed to have acquired any veste…

(a) No applicant or any person licensed, registered, found suitable or approved by the Commission shall neglect or refuse to produce records or evidence or to give information upon proper and lawful demand by any Commission member, the Executive Director or any agent of the Commi…

The Executive Director may issue an Order to Show Cause why a license, finding of suitability, registration or approval granted by the Commission should not be limited, conditioned, suspended or revoked or why the person licensed, found suitable, registered, or approved should no…

If the Executive Director believes that any person licensed, found suitable, registered or approved by the Commission should have his license, finding of suitability, registration or approval limited, conditioned, suspended or revoked, or should be fined by the Commission, he sha…

(a) The hearing examiner shall issue subpoenas, including subpoenas duces tecum, upon the request of a party, in accordance with this Section. (b) Subpoenas may be issued only for the following purposes: 1. To compel a non-party witness to appear and give oral testimony at a depo…

Upon motion by a party or by a person to whom a subpoena is directed, or from whom discovery or testimony is sought, the hearing examiner may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, …

The parties shall make every effort to resolve disputes regarding discovery. Disputes that are unresolved may be brought to the hearing examiner for resolution by way of a motion to compel discovery, motion for protective order, or other appropriate motion. The disputed discovery…

If any party or his attorney fails reasonably to comply with any provision of this regulation, the Gaming Control Act, or any order entered, regarding any matter, including discovery, the hearing examiner upon motion or upon its own initiative, may impose upon such party or attor…

In addition to the procedures prescribed by statute, the following procedures will apply when appropriate: (a) The respondent will be allowed to present and argue any legal objections to the complaint set forth in the answer; the Executive Director may thereupon present its answe…

(a) For the purpose of this Section, evidence is reliable if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. (b) In hearings governed by this regulation, the technical rules relating to evidence and witnesses shall…

(a) Documentary and other physical evidence may be authenticated or identified by any reasonable means, by evidence or other showing that the matter in question is what its proponent claims it to be. (b) By way of illustration only, those matters that would be accepted as authent…

(a) If a respondent fails to testify in his own behalf or asserts a claim of privilege with respect to any question propounded to him, the hearing examiner may infer therefrom that such testimony or answer would have been adverse to his case. (b) If any person controlling, contro…

(a) Upon motion of a party made before submission of the case for decision, the hearing examiner may permit the filing of an amended or supplemental complaint or answer, including amended or supplemental pleadings that conform to the evidence presented at the hearing. (b) If such…

(a) All motions shall be in writing, unless made during a hearing. (b) A motion shall state with particularity the grounds therefore, shall be supported by a memorandum of points and authorities, and shall set forth the relief or order sought. (c) Every written motion other than …

The Executive Director shall cause the complaint to be served upon the respondent by registered or certified mail, or personally. Proof of service may be provided by a certificate or affidavit of service, which shall be signed by the person effecting service and which shall speci…

Continuances will not be granted except for good cause shown. A motion to continue a hearing must be made at least ten (10) calendar days prior to the hearing date. (Adopted: 09/25/1991.) Notes 13 Miss. Code. R. 4-3.20 Miss. Code Ann. § 75-76-119

Failure of a respondent to file an answer to the complaint or to request a hearing, or to appear personally at a hearing on the merits without having obtained a waiver of appearance, shall constitute an admission of all matters and facts contained in the complaint filed with resp…

All findings of fact made by the hearing examiner or the Commission in disciplinary actions shall be based upon the preponderance of the evidence. (Adopted: 09/25/1991.) Notes 13 Miss. Code. R. 4-3.22 Miss. Code Ann. § 75-76-119

(a) Upon receipt of the complaint, the Commission shall appoint a hearing examiner pursuant to Miss. Code Ann. § 75-76-103(3). (b) The hearing examiner shall review the complaint and all matters submitted in support thereof and the respondent's answer, if any, and shall schedule …

(a) Unless required for the disposition of ex parte matters authorized by law: 1. A party or his representative shall not communicate directly or indirectly in connection with any issue of fact or law related to a proceeding under this regulation, with the hearing examiner or any…

(a) Parties to proceedings governed by this regulation may appear personally or through an attorney, except that a party must personally attend any hearing on the merits unless his attendance has been waived, in writing, by the hearing examiner or the Chairman. (b) When a party h…

(a) After the respondent files an answer to the complaint, the hearing examiner may direct the parties to participate in a conference or conferences before the hearing on the merits, for such purposes as expediting the disposition of the action, resolving discovery issues, and fa…

(a) Within 20 calendar days after the service of the answer by the first answering respondent, and thereafter as each respondent answers the complaint, the parties shall confer for the purpose of complying with Subsection (b) of this Section. (b) At each conference the parties sh…

(a) The Executive Director shall not produce documents in his possession if prohibited by state or federal law. If the Executive Director intends to introduce any such document in his case in chief, the Executive Director shall inform the hearing examiner and the hearing examiner…

(a) A party wishing to take the deposition of a material witness residing within or without the State of Mississippi who will be unavailable to testify at the hearing pursuant to Miss. Code Ann. § 75-76-109(2), shall file a motion with the hearing examiner setting forth the witne…

The following terms as used in the Mississippi Gaming Commission Regulations for Gaming Establishments will have these meanings: (a) "Baccarat Commission" means:1. A fee assessed by a licensee on cash paid out as a loss to a patron at baccarat to modify the odds of the game; or 2…

The Mississippi Gaming Commission, or its designee, will have authority: (a). To conduct periodic audits or reviews of the books and records of licensees; (b). To review the accounting methods and procedures used by licensees; (c). To review and observe methods and procedures use…

(a) Each licensee, in such manner as the Executive Director may approve or require, shall keep accurate, complete, legible, and permanent records of all transactions pertaining to gaming. Each licensee that keeps permanent records in a computerized or microfiche fashion shall pro…

This regulation prescribes the minimum standards for adoption by each licensee and which apply to card games such as poker, bridge, whist, solo, and panguingui. (a) The procedure for the collection of card game drop boxes and the count of the contents thereof will comply with all…

(a) The following standards represent minimum acceptable credit procedures. For any computer applications, alternate documentation and/or procedures which provide at least the level of control described by these standards will be acceptable. 1. The following information will be t…

(a). All transactions that flow through the casino cage must be summarized on a cage accountability form on a per shift basis. (b). Increases and decreases to the cage inventory must be supported by documentation. (c). The cage and vault (including coin rooms/vaults) inventories …

As used in this regulation, unless the context otherwise requires: (a) "Cashless wagering system" means the collective hardware, software, communications technology, and other associated equipment used to facilitate wagering with other than chips, tokens or legal tender of the Un…

(a) All keys, including duplicates, to sensitive computer hardware in the keno area must be maintained by a department independent of the keno function. (b) An employee independent of the Keno department is required to accompany keys to sensitive computer hardware in the keno are…

(a) If the licensee maintains a key box in the count room, the key box and controls surrounding the key box must be the same as those required by Sections 1 and 2 of this regulation. No one other than the count team members should have access to the count room key box. (b) At the…

(a) Duplicate keys are replacement keys for broken sensitive and restrictive keys. Duplicate copies of all sensitive and restrictive keys must be maintained in a dual lock key box and must be properly secured as to limit access to authorized personnel only. The location and the c…

(a) Sensitive and restricted keys are not allowed off the premises. If a sensitive or restricted key is inadvertently taken off premises, the Commission must be notified immediately. The key control log must also indicate the key(s) taken off premises. The determination to replac…

For licensees who utilize an automated key control system for sensitive or restricted keys, their System of Internal Controls must also include the following: (a) The automated key system procedures must achieve a comparable level of controls and safeguards as required by the afo…

(a) Manufacturers and distributors shall not distribute gaming devices out of this state without the prior, written approval of the Executive Director or his designee. Applications for approval to distribute gaming devices out of this state must be made, processed, and determined…

A licensee, other than a manufacturer and distributor, shall not dispose of gaming devices without the prior written approval of the Executive Director, unless the devices are sold or delivered to its affiliated companies or a licensed manufacturer or distributor, in which case a…

A licensee shall not alter the operation of approved gaming devices and shall maintain the gaming devices in a suitable condition. Each licensee shall keep a written list of repairs made to gaming devices offered for play to the public that require a replacement of parts that aff…

(a) All key box locations that contain sensitive and restricted keys must maintain a current and accurate key inventory and key access list. Sensitive keys are defined in Section 3 of this regulation and restricted keys are those additional keys relative to gaming operations rest…

(a) A manufacturer or distributor of associated equipment shall not distribute associated equipment unless it has been approved by the Executive Director. Applications for approval of associated equipment shall be made and processed in such manner and using such forms as the Exec…

(a) All licensees shall store gaming equipment only in locations approved by the Commission. 1. The Commission shall approve the location of any proposed storage area or facility prior to utilization of the storage area or facility. 2. The Commission shall conduct an inspection o…

(a) The following sensitive keys and any other keys deemed necessary by the Commission must be maintained, at a minimum, in a dual lock key box, which is securely attached to an area approved by the Commission. One access key to the dual lock box is maintained by the Custodian on…

(a) A manufacturer or distributor shall not distribute a gaming device in this state and a licensee shall not offer a gaming device for play unless it has been approved by the Commission or is offered for play pursuant to a field test ordered by the Executive Director. (b) An ope…