Mississippi Administrative Code

(a) Each licensee shall provide to the Executive Director within one month following each calendar quarter, separate lists of junket representatives, which shall include:1. Status of current relationship with the licensee; 2. Compensation in that quarter paid to a junket represen…

(a) Every agreement, including any agreement of employment, entered into by a licensee and a junket representative shall be conditioned as follows: 1. If the Commission determines the junket representative is unsuitable, the agreement shall thereupon terminate unless otherwise or…

Except as otherwise provided in this regulation: (a) All pleadings, notices, and other papers required by this regulation to be served may be served by personal delivery or certified mail. (b) A party serving a pleading, notice or other paper required by this regulation to be ser…

The hearing examiner may, before submission of the case for decision, permit the filing of an amended or supplemental petition or response, including an amended or supplemental pleading that conforms to the evidence presented during the hearing. A request for permission to file a…

Continuances of the hearing date may be granted upon a showing of good cause by the party requesting the continuance. (Adopted: 09/25/1991; Amended: 03/29/1993.) Notes 13 Miss. Code. R. 3-8.11 Miss. Code Ann. § 75-76-33

(a) Unless required for the disposition of ex parte matters authorized by statute or regulation: 1. Neither a party nor his representative shall communicate, directly or indirectly, with any Commission member or the hearing examiner regarding any matter related to the hearing, ex…

The unexcused failure of a party to appear at the hearing may constitute a default and an admission of any facts that may have been alleged by the opposing party. The hearing examiner may take action based on such default or admission or on any other evidence without further noti…

If any person in proceedings before the Commission or hearing examiner under this regulation disobeys or resists any lawful order or refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness, or thereafter refuses to be examined, or is guilty of mi…

The petitioner bears the burden of showing by a preponderance of the evidence that the decision made by the Executive Director pursuant to Miss. Code Ann. § 75-76-159 should be reversed or modified. (Adopted: 09/25/1991; Amended: 03/29/1993.) Notes 13 Miss. Code. R. 3-8.15 Miss. …

(a) After the hearing, the hearing examiner shall render a written decision on the merits that sustains, modifies or reverses the initial decision of the Executive Director. (b) The decision of the hearing examiner must contain findings of fact and a determination of the issues p…

(a) Any party aggrieved by a final decision of the hearing examiner may appeal to the Commission pursuant to Miss. Code Ann. § 75-76-119. (b) The Commission's review will be limited to the evidence before the hearing examiner. The Commission may remand the case to the hearing exa…

Judicial review of a final decision of the Commission may be had in accordance with Miss. Code Ann. § 75-76-167 through 173, inclusive, of the Act. (Adopted: 09/25/1991; Amended: 03/29/1993.) Notes 13 Miss. Code. R. 3-8.18 Miss. Code Ann. § 75-76-33

(a) Proceedings to review a decision made by the Executive Director pursuant to Miss. Code Ann. § 75-76-159 must be initiated by the filing and service of a petition in accordance with Miss. Code Ann. § 75-76-161. (b) A copy of the petition must be served on the respondent. (c) T…

Unless otherwise ordered by the hearing examiner, all pre-hearing motions must be filed and served at least ten (10) days before the hearing. (Adopted: 09/25/1991; Amended: 03/29/1993.) Notes 13 Miss. Code. R. 3-8.3 Miss. Code Ann. § 75-76-33

(a) Unless the hearing examiner reasonably determines that a different procedure is appropriate, the hearing must be conducted in accordance with the following procedures:1. The petitioner may present an opening statement on the merits and the respondent may then make a statement…

(a) Oral evidence may be taken only upon oath or affirmation administered by the hearing examiner. (b) Affidavits may be received in evidence as provided in subsection 3 of Miss. Code Ann. § 75-76-111. (c) Each party may: 1. Call and examine witnesses; 2. Introduce exhibits relev…

(a) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the c…

At the request of a party, subpoenas must be issued by the hearing examiner as provided in subsection 1 of Miss. Code Ann. § 75-76-109. (Adopted: 09/25/1991; Amended: 03/29/1993.) Notes 13 Miss. Code. R. 3-8.7 Miss. Code Ann. § 75-76-33

No discovery shall be permitted except upon a finding of good cause justifying the discovery sought. (Adopted: 09/25/1991; Amended: 03/29/1993.) Notes 13 Miss. Code. R. 3-8.8 Miss. Code Ann. § 75-76-33

The hearing examiner may take official notice of any generally accepted information or technical or scientific matter within the field of gaming, and of any other fact which may be judicially noticed by the courts of this state. The parties must be informed of any information, ma…

(a) Terms used in this regulation are defined, as follows:1. "Minor" is a person younger than twenty-one (21) years of age. 2. "Gaming Areas" are the areas of the establishment, vessel, cruise vessel where gaming has been approved and is actively conducted. 3. "Nongaming Areas" a…

No excluded person shall be permitted entry into any portion of a licensed gaming establishment. When a person is placed on the exclusion list by the Executive Director, such person shall be prohibited from contact of any kind with any licensed establishment unless and until a de…

The Commission shall maintain a list of persons to be ejected or excluded from licensed establishments. The list shall be distributed to each licensed establishment which shall acknowledge receipt of the list in writing. The list shall also be distributed to law enforcement agenc…

The Executive Director may place a person on the exclusion list pending a hearing if such person has: (a) Been convicted of a felony in any jurisdiction, of any crime of moral turpitude or of a crime involving Gaming; (b) Violated or conspired to violate the provisions of the Act…

(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…