La. Admin. Code tit. 42 § III-2511

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-2511 - Emergency Permission to Participate; Investigation; Extent of Participation

A. After receipt of a proper application for emergency permission to participate, the division shall determine if all necessary documents and information have been provided by the transferee. If the division determines all necessary documents and information have been provided by the proposed transferee, then the division shall notify the proposed transferee of that fact in a manner deemed appropriate by the board.

B. After the notice required by Subsection A of this Section has been provided to the proposed transferee, the division shall commence the background investigation of the proposed transferee. The division may request such additional documents and information during the investigation as it deems necessary. Upon conclusion of the background investigation, the board may grant or deny the request for emergency participation. No hearing will be granted to review the denial of a request for emergency participation. Any conditions imposed by the board on the proposed transferee must be accepted by the proposed transferee in a manner approved by the board prior to the board granting a request for emergency participation.

C. Emergency permission to participate shall be defined with respect to time and shall be limited as follows.

1. Pending final action on the application to approve transfer of interest, the existing licensee, permittee, casino operator, casino manager or person who has met the suitability requirements of the Act and rules and the proposed transferee approved for emergency participation shall both be responsible for the payment of all taxes, fees and fines, and the acts or omissions of each.

2. No proposed transferee who has been granted emergency permission to participate shall receive any portion of the gross or net gaming revenue from the gaming operations until final approval of the proposed transfer of interest has been granted. If approval is granted, such approval shall be retroactive to the effective date of the emergency participation.

3. A proposed transferee who has been granted emergency permission to participate and who actually renders services to the gaming operation or permitted operation may be compensated for any services actually rendered, but such compensation is subject to prior written approval of the board.

La. Admin. Code tit. 42, § III-2511

Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 38:1627 (July 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 27:15 and 24.