Current through Vol. 24-19, November 1, 2024
Section R. 432.1604 - Procedure for entry of names on exclusion listRule 604.
(1) Upon a determination that a person comes under any of the criteria for exclusion, the person may be deemed a subject for exclusion and the executive director shall file a notice of exclusion. The notice shall include all of the following information:(a) The identity of the subject.(b) The nature and scope of the circumstances or reasons that the person should be placed on the exclusion list.(c) Names of potential witnesses.(d) A recommendation as to whether the exclusion or ejection shall be permanent. The notice shall also inform the person of the availability of a hearing before the board.
(2) A request for a hearing shall be made within 21 days from the date the notice of exclusion was served.(3) If a person is excluded or ejected from a casino, then the person is prohibited from further entering a casino until a determination is made by the board on the merits of a filed notice of exclusion or a requested hearing. If a determination by the board is appealed, then the exclusion shall continue until the judicial review is completed unless otherwise ordered by the court.(4) If the board or a subsequent judicial review finds in favor of a subject for exclusion or an excluded person, then the subject's name or excluded person's name shall be removed from the exclusion list and the subject's or excluded person's exclusion shall be terminated as of the date of the action by the board or the court. If the finding is against the subject for exclusion or the excluded person, then the subject's name or excluded person's name shall remain on the exclusion list. If a hearing is not requested, then the subject's name or excluded person's name shall remain on the exclusion list.(5) If the notice of exclusion provides for a temporary exclusion, then the executive director shall set the term of the temporary exclusion. In making this time determination, the executive director may consider the recommendation of the board staff. A temporary exclusion shall not be less than 6 months. A temporary exclusion or ejection shall only apply to a person excluded or ejected for criteria related to conduct. All other exclusions or ejections shall be permanent.Mich. Admin. Code R. 432.1604