TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 4 BINGO AND RAFFLES
PART 13 LICENSE OR STAFF PERMIT
REVOCATION
15.4.13.1 ISSUING AGENCY: New Mexico Gaming Control Board.
[15.4.13.1 NMAC - Rp, 15.4.13.1 NMAC, 2/23/2021]
15.4.13.2 SCOPE: This rule applies to all persons subject
to regulations promulgated under the New Mexico Bingo and Raffle Act by the New
Mexico gaming control board.
[15.4.13.2 NMAC - Rp, 15.4.13.2 NMAC, 2/23/2021]
15.4.13.3 STATUTORY AUTHORITY: Authority for this rule derives from the
New Mexico Bingo and Raffle Act Section 60-2F-3 NMSA 1978. Subsection A of 60-2F-6 NMSA 1978 authorizes
the board to grant, deny, suspend, condition or revoke license or permits
issued.
[15.4.13.3 NMAC - Rp, 15.4.13.3 NMAC, 2/23/2021]
15.4.13.4 DURATION: Permanent.
[15.4.13.4 NMAC - Rp, 15.4.13.4 NMAC, 2/23/2021]
15.4.13.5 EFFECTIVE DATE: February
23, 2021, unless a later date is cited at the end of a section.
[15.4.13.5 NMAC - Rp, 15.4.13.5 NMAC, 2/23/2021]
15.4.13.6 OBJECTIVE: This rule is
established to provide persons holding licenses or staff permits issued by the
New Mexico gaming control board notice of the types of circumstances under
which the board may revoke the staff permit or license.
[15.4.13.6 NMAC - Rp, 15.4.13.6 NMAC, 2/23/2021]
15.4.13.7 DEFINITIONS:
See 15.4.1.7
NMAC for applicable definitions.
[15.4.13.7 NMAC - Rp, 15.4.13.7 NMAC, 2/23/2021]
15.4.13.8 REVOCABLE PRIVILEGE: The holder of a staff permit or license
issued by the board under the act has a revocable privilege only.
[15.4.13.8 NMAC - Rp, 15.4.13.8 NMAC, 2/23/2021]
15.4.13.9 GROUNDS FOR REVOCATION OF A STAFF
PERMIT OR LICENSE:
A. The board or its agents may initiate action to revoke
a staff permit or license for any cause deemed reasonable, including but not
limited to the following:
(1) the making of an untrue or misleading
statement of material fact, or willful omission of any material fact, in any
application, statement, or notice filed with the board or made in connection
with any investigation, including a background investigation, regardless of
when discovered by the board;
(2) conviction of any gambling
offense in any jurisdiction, or any offense involving theft, fraud,
embezzlement, or any fiduciary misconduct;
(3) entry of a civil judgment against the
licensee that is based, in whole or in part, on conduct that allegedly
constituted a crime involving theft, fraud, embezzlement or any fiduciary
misconduct;
(4) direct or indirect association with
persons or businesses of known criminal background or persons of disreputable
character that may adversely affect the general credibility, security,
integrity, honesty, fairness or reputation of the conduct of games of chance;
(5) failure to timely
respond to any request by, or order of, the board or its agent;
(6) revocation of a work
permit, or finding of suitability issued pursuant to the New Mexico Gaming
Control Act;
(7) violation of any
provision of the act or this title;
(8) failure to notify the board in writing
of any criminal conviction or criminal charge pending, which is grounds for
revocation under this part, against the licensee within [ten] 10 days of
any arrest, summons, or conviction;
(9) falsification of, failure to
make a required entry in, or destruction of records required to be maintained;
(10) failure to file any
report as required under the act or rules;
(11) failure to appear and
testify at the designated time and place, unless excused by the board;
(12) refusal or failure to
possess the licensee’s staff permit badge while engaged in the conduct of games
of chance;
(13) failure to follow
operating procedures;
(14) failure to remain
current on child support payments; and
(15) any other cause
deemed appropriate by the board.
B. Any person whose staff permit has been revoked by
the board may not reapply for a permit or license issued by the board for the
period of at least one year pursuant to Section 60-2F-14 NMSA 1978 or as
ordered by the board.
[15.4.13.9 NMAC - Rp, 15.4.13.9 NMAC, 2/23/2021]
15.4.13.10 CRIMINAL CONVICTION AS GROUNDS FOR
REVOCATION OR SUSPENSION: The board may
revoke or suspend the license, or staff permit, of a person convicted of a
felony or a crime of dishonesty, regardless of whether that person has
exhausted their post-conviction rights and remedies.
[15.4.13.10 NMAC - Rp, 15.4.13.10 NMAC, 2/23/2021]
15.4.13.11 REVOCATION PROCEEDINGS; SURRENDER
OF STAFF PERMIT OR LICENSE:
A. If after investigation the board determines that
sufficient grounds exist to revoke a staff permit, the board shall initiate a
hearing on the matter by issuing a complaint.
B. The required contents and service of the complaint
and all other aspects of the proceeding shall be conducted in accordance with
board rule 15.4.12 NMAC, “Enforcement Proceedings.”
C. A staff permit badge issued by the board is state
property and shall be returned to the board by the licensee upon revocation of
the staff permit.
[15.4.13.11 NMAC - Rp, 15.4.13.11 NMAC, 2/23/2021]
15.4.13.12 DELEGATION OF AUTHORITY TO INITIATE
REVOCATION PROCEEDINGS:
A. At the board’s discretion, the board may delegate to
the executive director authority to make the initial determination to revoke a
staff permit or license and to issue a complaint seeking revocation. The initial determination shall be based on
evidence sufficient to support issuance of a complaint seeking to revoke the
staff permit or license.
B. The board retains accountability for the authority
delegated and retains the authority to make the final decision to revoke a
staff permit or license following the initial decision by the executive
director and public hearing before the board.
[15.4.13.12 NMAC - Rp, 15.4.13.12 NMAC, 2/23/2021]
HISTORY
OF 15.4.13 NMAC: [RESERVED]
History of Repealed Material:
15.4.13
NMAC, Bingo and Raffles - License or Staff Permit
Revocation, filed 3/27/2013 - Repealed 2/23/2021,
Other History:
15.4.13 NMAC, Bingo and Raffles - License or Staff Permit Revocation, filed 3/27/2013,
Replaced by 15.4.13 NMAC, Bingo and Raffles - License
or Staff Permit Revocation, effective 2/23/2021.