TITLE: Massachusetts Gaming Commission Establishes Adjudicatory Proceedings Rules for Gaming and Racing Matters
BODY:
The Massachusetts Gaming Commission (MGC) has established comprehensive adjudicatory proceedings rules governing hearings, appeals, and reviews of gaming and racing licensing matters under 205 CMR 101.00.
The regulations establish three tiers of adjudicatory proceedings. First, hearings held directly by the full commission address suitability determinations for initial gaming licenses and renewals, failures to maintain suitability, termination or revocation of category 1 or category 2 gaming licenses, license transfers, civil administrative penalties, operation certificate approvals, mitigation agreement petitions, independent testing laboratory certifications, gaming school certifications, and gaming beverage licenses. Second, hearing officers review orders, decisions, and civil administrative penalties issued by the MGC Bureau or Racing Division not falling within the commission's direct jurisdiction. Third, the commission reviews hearing officer decisions upon appeal.
The rules establish specific filing deadlines: 30 days for general hearing requests, 21 days for civil administrative penalties, seven days for temporary license suspensions, and ten days for racing-related appeals. Parties may request stays of underlying actions upon demonstrating likelihood of success on the merits and irreparable harm, or by showing far-reaching consequences or significant legal issues.
Hearings proceed under informal fair hearing rules (801 CMR 1.02) unless a party requests formal rules (801 CMR 1.01), with the hearing officer or commission determining which applies based on case complexity and representation. Burden of proof varies by matter type: applicants must establish suitability by clear and convincing evidence; the Bureau must prove violations by substantial evidence; and civil penalties require proof by preponderance of evidence.
Decisions must include written findings of fact and conclusions of law. Commission decisions on suitability are final with no further review available. Other commission decisions may be appealed to court under Massachusetts General Laws Chapter 30A.
REFERENCES:
205 CMR 101.00: M.G.L. c. 23K Adjudicatory Proceedings
Massachusetts Register #1409 (January 24, 2020)