205 CMR 138.38
Administrative Action
(1) Grounds for Action. A gaming licensee may be conditioned, suspended, or revoked, or a
civil administrative penalty assessed, if it is determined that the gaming licensee has:
(a) failed to abide by any provision of 205 CMR 138.00;
(b) failed to abide by any provision of M.G.L. c. 23K or M.G.L. c. 23N related to internal
controls;
(c) failed to abide by any provision of the gaming licensee's system of internal controls
approved in accordance with 205 CMR 138.02.
(2) Finding and Decision. If the Bureau finds that a gaming licensee has violated a provision
of 205 CMR 138.07(1), it may issue a written notice of decision recommending that the
commission suspend, revoke, and or condition said gaming licensee. Either in conjunction with
or in lieu of such a recommendation, the Bureau may issue a written notice assessing a civil
administrative penalty upon said licensee. Such notices shall be provided in writing and contain
a factual basis and the reasoning in support of the decision, including citation to the applicable
statute(s) or regulation(s) that supports the decision.
(3) Civil Administrative Penalties. The Bureau may assess a civil administrative penalty on a
gaming licensee, in accordance with M.G.L. c. 23K, § 36, for a violation of 205 CMR 138.07(1).
(4) Review of Decision. A recommendation made by the Bureau to the commission that a
gaming license be conditioned, suspended or revoked shall proceed directly to the commission
for review in accordance with 205 CMR 101.01: Hearings Before the Commission. If the
gaming licensee is aggrieved by a decision made by the Bureau to assess a civil administrative
penalty, in accordance with 205 CMR 138.07(2) and (3), it may request review of said decision
in accordance with 205 CMR 101.00: M.G.L. c. 23K: Adjudicatory Proceedings.