Mo. Code Regs. tit. 11 § 45-15.040

Current through Register Vol. 49, No. 23, December 2, 2024

Section 11 CSR 45-15.040 - Procedure for Entry of Names

PURPOSE: This rule establishes procedures for entry of names on the exclusion list.

(1) Upon a determination that a person comes under any one (1) of the criteria listed in 11 CSR 45-15.030, this person shall be deemed a candidate for exclusion, and the commission shall file a Notice of Exclusion. This notice shall include the identity of the candidate, the nature and scope of the circumstances or reasons that the person should be placed on the exclusion list, names of potential witnesses and 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 by the commission. A request for a hearing must be made within thirty (30) days from the date the Notice of Exclusion was filed.

(2) When a person is excluded or ejected, that person is prohibited from further contact of any kind with any riverboat gaming operation in Missouri unless and until a determination is made by the commission on the merits of a requested hearing. If a determination by the commission is examined under judicial review, then the exclusion shall continue until the judicial review is completed.

(3) If the commission or a subsequent judicial review finds in favor of the candidate or excluded person, then his/her name shall be removed from the exclusion list and his/her exclusion shall be terminated as of the date of the action by the commission or the court.

11 CSR 45-15.040

AUTHORITY: sections 313.004, 313.800 and 313.805, RSMo Supp. 1993. *Emergency rule filed Sept. 1, 1993, effective Sept. 20, 1993, expired Jan. 17, 1994. Emergency rule filed Jan. 5, 1994, effective Jan. 18, 1994, expired Jan. 30, 1994. Original rule filed Sept. 1, 1993, effective Jan. 31, 1994.

*Original authority: 313.004, RSMo 1993 and 313.800 and 313.805, RSMo 1991, amended 1993.