New Mexico Administrative Code

The hearing examiner shall not grant a continuance except for good cause shown. A motion to continue a hearing shall be made at least 10 calendar days before the hearing date.

A. Failure of the respondent either to file an answer to the complaint or to appear at the hearing on the merits personally or by telephone, without having obtained a continuance, shall constitute an admission on all matters and facts contained in the complaint filed with respect…

A.At the request of the hearing examiner or upon motion by either party granted by the hearing examiner, and before the hearing examiner recommends action by the board, the parties may submit briefs including findings of fact and conclusions of law for consideration by the hearin…

A. No party or representative of any other person shall communicate off the record with the hearing examiner or any board member except upon notice and opportunity to all parties to participate. B. Neither the hearing examiner nor any member of the board shall communicate off the…

This rule applies to all persons subject to disciplinary or other enforcement action under the Gaming Control Act.

A. Any party requesting a telephonic hearing shall do so within 10 working days of the date of the notice. When the parties agree to conduct the hearing by telephone, notice of the telephonic hearing shall be made to all parties and shall include all necessary telephone numbers. …

Section 60-2E-7(B)(3) of the Gaming Control Act authorizes the board to develop, adopt and promulgate all regulations necessary to implement and administer the provisions of the Gaming Control Act. Section 60-2E-32(B) authorizes the board to initiate hearings against licensees wh…

Permanent.

December 31, 1998, unless a later date is cited at the end of a section.

The objective of this rule is to establish guidelines and procedures for the conduct of enforcement proceedings initiated by the board under the Gaming Control Act.

Unless otherwise defined below, terms used in this rule have the same meanings as set forth in the Gaming Control Act. A. "Act" means the Gaming Control Act. B. "Party" means each person named or admitted as a party to a proceeding before the board or duly appointed hearing exami…

A. All hearings held pursuant to Section 60-2E-32(B) of the act will be conducted by a hearing examiner duly appointed by the board. B. Except for telephonic hearings, the location of the hearing shall be in Albuquerque except that the hearing examiner may, upon motion of either …

A. The board may summon any licensee, or its agents or employees, to appear to testify before the board or its agents concerning the conduct of a licensee or any of the licensee's agents or employees. All such testimony shall be given under oath and may cover any matter the board…

New Mexico Gaming Control Board.

A. The record of the proceeding shall include: (1) all pleadings, motions, and intermediate rulings; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions and offers of proof, objections and rulings thereon; (5) proposed findings and co…

A. The board may, subject to the rules of privilege and confidentiality recognized by law, require the furnishing of information, the attendance of witnesses, and the production of books, records, papers or other objects necessary and proper for the purposes before it, and may ta…

A. Any party may be represented by a person licensed to practice law in the state. An individual appellant may represent himself. B. The rules of evidence as applied in the courts do not apply in these proceedings. Any relevant evidence may be admitted, and such evidence shall be…

A. Unless the hearing examiner reasonably determines that a different procedure is appropriate, the hearing shall be conducted in accordance with the procedures set forth in this rule. B. In addition to any procedures described by the act, the following procedures shall apply: (1…

The appellant bears the burden of showing by a preponderance of the evidence that the decision made by the board or an agent of the board should be reversed or modified.

The hearing examiner shall not grant a continuance except for good cause shown. A motion to continue a hearing shall be made at least 10 calendar days before the hearing date.

A. Failure of the appellee to schedule a hearing within 60 days, unless the 60 day time period is extended, or of any party to appear at the hearing on the merits personally or by telephone, without having obtained a continuance may constitute a default and an admission on all ma…

A. At the request of the hearing examiner or upon motion by either party granted by the hearing examiner, and before the hearing examiner recommends action by the board, the parties may submit briefs including findings of fact and conclusions of law for consideration by the heari…

A. No party or representative of any other person shall communicate off the record, orally or in writing, with the hearing examiner or any board member except upon notice and opportunity to all parties to participate. B. Neither the hearing examiner nor any member of the board sh…

A. Any party requesting a telephonic hearing shall do so within 10 working days of the date of the notice. When the parties agree to conduct the hearing by telephone, notice of the telephonic hearing shall be made to all parties and shall include all necessary telephone numbers. …

This rule applies to all licensees, applicants for licensure, and persons aggrieved by an action of the Gaming Control Board or its agents under the Gaming Control Act.

Section 60-2E-7(B)(3) of the Gaming Control Act authorizes the board to develop, adopt and promulgate all regulations necessary to implement and administer the provisions of the Gaming Control Act. Section 60-2E-59(B) authorizes the board to adopt procedural regulations to govern…

Permanent.

December 31, 1998, unless a later date is cited at the end of a section.

The objective of this rule is to establish guidelines and procedures for the conduct of hearings under the Gaming Control Act when the hearing is initiated by a person aggrieved by an action of the board or its agent.

Unless otherwise defined below, terms used in this rule have the same meanings as set forth in the Gaming Control Act: A. "act" means the Gaming Control Act. B. "agent" means any member or employee of the board or any other person authorized to act on the board's behalf. C. "part…

A.All hearings held pursuant to Section 60-2E-59 of the act shall be conducted by a hearing examiner duly appointed by the board. B. Except for telephonic hearings, hearings shall be conducted in Albuquerque except that the hearing examiner may, upon motion of either party, grant…

A. Any person aggrieved by an action of the board or one of its agents may request a hearing for the purpose of review of such action. The appellant shall file the request for hearing within 30 days of the date the action is taken. The request shall include the following: (1) a s…

New Mexico Gaming Control Board.

A. Any person in the state that receives a gaming device shall, upon receipt of the gaming device, provide the board with the following information on forms provided or approved by the board: (1) the full name, address, and license number of the person receiving the gaming device…

A. Manufacturer licensees, distributor licensees, and, subject to the limitations set forth in this rule, gaming operators licensees, are authorized to transport gaming devices within the state. B. Except as otherwise provided in this rule, any authorized person transporting a ga…

A. Manufacturers and distributors located in the state shall not sell, ship, transport, or distribute a gaming device out of the state without the prior approval of the board. Applications for approval to sell, ship, transport, or distribute gaming devices out of the state shall …

A. A gaming operator licensee who maintains one or more gaming machines in storage in excess of the number of machines the licensee is statutorily authorized to operate shall register those machines with the board on forms approved by the board within 72 hours of the receipt of s…

A. All gaming machines at a licensed premises shall be physically located as follows: (1) in an area that is at all times monitored by the owner, manager, or a gaming employee to prevent access or play of the gaming machines by persons under the age of 21; (2) in an area that ens…

A. A gaming machine shall be disposed of only with the board's approval and only if the manner of disposition makes the machine incapable of use or operation. Any person seeking to dispose of a gaming machine shall notify the board in writing prior to disposal and provide the fol…

This rule applies to all persons licensed by the Gaming Control Board to sell, supply, ship, transport, distribute, or receive gaming devices.

Section 60-2E-7(B)(3) of the Gaming Control Act authorizes the board to develop, adopt and promulgate all regulations necessary to implement and administer the provisions of the Gaming Control Act. Section 60-2E-8(C)(8) directs the board to adopt regulations governing the sale an…

Permanent.

December 31, 1998, unless a later date is cited at the end of a section.

The objective of this rule is to establish reporting procedures and standards for the transportation and receipt of gaming devices inside and outside New Mexico.

Unless otherwise defined below, terms used in this rule have the same meanings as set forth in the Gaming Control Act. A. "Act" means the New Mexico Gaming Control Act. B. "Gaming media" means any associated equipment that contains software that can only be used in a gaming machi…

A. Except as otherwise provided in this chapter, no person shall sell, display, store, supply, ship, transport, or distribute any gaming device or associated equipment for use or play in the state, and no person shall sell, display, supply, ship, transport or distribute any gamin…

A.No person shall initiate transport of any gaming device into the state other than a licensed manufacturer or distributor. B. A gaming device is shipped or transported into the state when the starting point for shipping or transporting begins outside the state and terminates in …

New Mexico Gaming Control Board.

A. In the matter of any alleged violation of the Act or this title, the board or the board's agent may do either or both of the following:(1) determine whether a compromise would be in the best interests of the State; and (2) suspend any portion of the penalty imposed under circu…