Authority to Require Testimony under Oath

deputy director may designate specific bureau employees and agents, including contractor investigators, to require testimony under oath in bureau investigations and hearings. The bureau shall have power and authority, without limitation, to issue orders and require compliance pursuant to and in accordance with M.G.L. c. 23K, § 35 and M.G.L. c. 23N, § 4(g). The bureau shall have power and authority, without limitation, to assess a civil administrative penalty pursuant to and in accordance with M.G.L. c. 23K, § 36 and M.G.L. c. 23N, § 16. Pursuant to M.G.L. c. 23K, § 42, any device, game, gaming device, or equipment or material used for sports wagering possessed, used, manufactured, distributed, sold or serviced in violation of M.G.L. chs. 23K, 23N or 205 CMR, shall be subject to seizure and forfeiture by the division or the bureau. Forfeiture proceedings shall be conducted as provided in M.G.L c. 94C, § 47(b) through (j). For purposes of M.G.L. c. 94C, § 47(d) and M.G.L. c. 271A, § 3, the commission shall be considered a police department and shall be entitled to a police departments distribution of forfeiture proceedings. The bureau will coordinate with the Gaming and Enforcement Unit in accordance with the provisions of M.G.L. chs. 22C, § 70, M.G.L. c. 23K, § 6, M.G.L. chs. 23N, § 11(d) and M.G.L. c. 12, § 11M. The bureau will coordinate with the Division in accordance with the provisions of M.G.L. c. 12, § 11M, M.G.L. c. 22C, § 70, and M.G.L. c. 23K and M.G.L. c. 23N, §§ 4(g) and 11(d). The bureau will coordinate with the Gaming Liquor Enforcement Unit of the Massachusetts Alcoholic Beverages Control Commission in accordance with the provisions of M.G.L. c. 10, § 72A and M.G.L. chs. 23K and 23N. (1) The commission may, pursuant to M.G.L. c. 23K, § 4 and M.G.L. c. 23N, § 6(d), and any applicable procurement procedures, retain qualified contractor investigators, either directly or pursuant to a contract or contracts with a private investigative business or businesses, to assist the bureau in conducting initial suitability, qualification, and background investigations of license applicants and qualifiers in accordance with the criteria set forth in M.G.L. chs. 23K and 23N and 205 CMR. (2) In retaining contractor investigators, the commission may establish minimum qualifications in terms of education, training, and experience in federal, state or local, civil or criminal, law enforcement, regulatory and investigative matters. (3) Prior to entering a contract with the commission, each prospective contractor investigator and, if applicable, the investigator's related business shall be subject to an expedited background inquiry by the bureau through the gaming and enforcement unit, which shall include, without limitation, an examination of prior criminal history, financial stability, reputation for integrity, honesty, good character; and education, training, and experience in federal, state or local, civil or criminal, law enforcement, regulatory and investigative matters. If a contractor investigator and, if applicable, the investigator's business entity is deemed suitable and qualified by the bureau in its discretion based on this expedited background inquiry, then the commission on behalf of the bureau may enter into a contract for the professional services of the contractor investigator in a form and with terms such acceptable to the commission. (4) Once retained, each contractor investigator shall be provided with the necessary authority and credentials to serve as an official agent of the bureau in conducting initial suitability, qualification, and background investigations of license applicants and qualifiers in accordance with the criteria set forth in M.G.L. chs. 23K and 23N and 205 CMR. Immediately on being retained each contractor investigator shall be sworn to the faithful performance of the investigator's official duties under M.G.L. chs. 23K and 23N and 205 CMR. Before a contractor investigator can participate in any investigation under M.G.L. chs. 23K and 23N or 205 CMR, the investigator shall execute a certification acknowledging the investigator's full understanding and acceptance of the authority given, applicable confidentiality provisions, and the limits to such an investigative authority. (6) Each contractor investigator shall report to the deputy director of the bureau, or the deputy director's designee. In the case of an absence or vacancy in the office of the deputy director, each contractor investigator shall report to an interim supervisor designated by the chair to supervise such investigators and investigations (7) Any contract entered by the commission for the services of any contractor investigator may be terminated by the commission, without cause, liability or recourse.