R 432.1307 Public investigative hearing; action on casino license application.

Rule 307. The requirements for the public investigative hearing and action by the board on a casino license application are as follows: (a) After the board receives notice from the executive director that the background investigation of the applicant and application has been completed, the board shall schedule and conduct a public investigative hearing regarding the applicant and application, without undue delay, under section 6(7) of the act, MCL 432.206. (b) If the board or the executive director, in reviewing the application or as a result of the background investigation, identifies an apparent deficiency that may require denial of the application, the board shall promptly notify the applicant and the city, in writing, of the apparent deficiency in the application and provide the applicant with a reasonable period of time, as determined by the board, to correct the apparent deficiency before scheduling and conducting a public investigative hearing on the application. (c) The board shall conduct a public investigative hearing in accordance with the procedural requirements for a contested case under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, except as follows: (i) The person applying for the license shall at all times have the burden of establishing and demonstrating, by clear and convincing evidence, its eligibility and suitability for licensure under the act and these rules. (ii) The board shall base its decision to grant or deny a casino license on the whole record before the board and is not limited to testimony and evidence submitted at the public investigative hearing. (iii) Only the board and the person applying for the casino license at issue may be parties at the public investigative hearing, except that the attorney general may intervene and represent the interests of the people of this state in accordance with state law. (d) The board shall provide the person applying for the license with not less than 2 weeks’ written notice of the public investigative hearing. The notice must include all of the following information: (i) A statement of the date, hour, place, and nature of the hearing. (ii) A statement of the legal authority and jurisdiction under which the hearing is to be held. (iii) A short and plain statement of the issues involved, and reference to the pertinent sections of the act and rules involved. (iv) A short description of the order and manner of presentation for the hearing. (e) Not less than 2 weeks before the hearing, the board shall also post notice of the public investigative hearing at its business offices in a prominent place that is open and visible to the public. (f) The board shall also publish reasonable notice of the public investigative hearing in the 2 newspapers that have the largest circulation in this state and in other appropriate newspapers in this state that are selected by the executive director. (g) The board, 1 or more of its members, the executive director, or 1 or more hearing officers designated and authorized by the board may conduct and preside over the public investigative hearing regarding a casino license application and may do all of the following: (i) Administer oaths and affirmations. (ii) Sign and issue subpoenas in the name of the board that require the attendance of witnesses, the giving of testimony by witnesses, and the production of books, papers, notes, records, and other documentary evidence. (iii) Provide for the taking of testimony for the hearing by deposition. (iv) Establish and regulate the order of presentation and course of the hearing, set the time and place for continued hearings, and fix the time for filing written arguments, legal briefs, and other legal documents. (v) Accept and consider relevant written and oral stipulations of fact and law that are made part of the hearing record. (h) The chair may designate the executive director or 1 or more hearing officers to conduct or assist the board in the conduct of the hearing, which may include preparation of a proposal for the board's decision after all testimony and evidence has been presented at the hearing. (i) The person applying for the license shall be given a full opportunity during the hearing to question and cross-examine witnesses presented by the board, to present all relevant information to the board regarding its application and eligibility and suitability for licensure, and to call witnesses to testify and provide information at the hearing for and on the applicant's behalf. On request of the applicant, the board, the executive director, or the board's designated hearing officer or officers shall issue subpoenas requiring the appearance of witnesses whom the applicant intends to call to testify on its behalf at the hearing and requiring the production of relevant notes, papers, memoranda, records, documents, and other materials at the hearing for consideration by the board. The applicant is responsible for serving the subpoenas. (j) The members of the board, the board's designated hearing officer or officers, the executive director, and the assistant attorney general assigned to assist the board in the conduct of the hearing may do all of the following: (i) Question, through direct examination or cross-examination, or both, the applicant and any witnesses called by the applicant regarding the applicant's testimony and any aspect of the applicant's application and relevant background. (ii) Recall the applicant and other witnesses called by the applicant during the hearing for further questioning. (iii) Subpoena other witnesses not called by the applicant to testify and present evidence and information regarding the applicant's application and relevant background. (k) The board, the executive director, or hearing officer presiding at the hearing may grant the applicant an opportunity for rebuttal of allegations raised during the hearing. (l) After the person applying for the license has made its presentation in support of its application and licensure, representatives of government entities and agencies and the public at large shall have a reasonable opportunity during the hearing to give testimony and comments relevant to the applicant and application and the issue of licensure. The hearing notice must state and give notice that opportunity for testimony and comment will be provided during the hearing. The chair or other presiding officer shall announce at the start of the hearing when and how testimony and comments may be presented during the hearing. (m) A person who testifies at the hearing shall be sworn and testify under oath. (n) The board may continue the hearing for as long as it determines necessary and may recess and reconvene the hearing at its discretion. (o) The board shall record the public hearing, stenographically or by other means to adequately ensure preservation of an accurate record of the hearing. A transcript prepared by a certified reporter or stenographer hired by the board is the official record of the public hearing. (p) After all testimony and evidence has been presented, the board shall recess the hearing. While the hearing is in recess, all of the following must occur: (i) The hearing record must be transcribed and provided to the board, the executive director, and the designated hearing officer or officers for review. (ii) The chair shall prepare or direct 1 or more members of the board, the executive director, or the designated hearing officer or officers who conducted or assisted the board in the conduct of the hearing to prepare a written proposal for the board's decision after reviewing the hearing record. (iii) The proposal for decision must contain a statement of the reasons for the proposed decision and each finding of fact and conclusion of law necessary to the proposed decision. (iv) The written proposal for the board's decision must be submitted to the board for review and consideration and copies must be served on the applicant and the city before the board reconvenes the hearing to render its decision. (v) If the proposal for the board's decision identifies an apparent deficiency that may require denial of the application, the board shall provide the applicant with a reasonable period of time, as determined by the board, to correct the apparent deficiency before reconvening the hearing to deliberate and render its decision. (vi) If the proposal for the board's decision is adverse to the applicant, the board shall give the applicant a reasonable opportunity to file exceptions and written argument with the board objecting to the proposal for decision. (q) The board shall reconvene the hearing, without undue delay, after the requirements specified in subdivision (p) of this subrule have been completed, to deliberate and render its final decision on the application. If the proposal for the board's decision is adverse to the applicant, the board may allow oral argument in support of and in opposition to the proposal for decision when the hearing is reconvened. Four members shall be present when the hearing is reconvened to constitute a quorum, and 3 votes are required to support the board's final decision. The board may accept, modify, or reject the written proposal for the board's decision in deciding and rendering its final decision on the application. (r) In deciding whether to grant or deny an applicant's casino license application, the board shall consider and determine whether the application complies with the requirements of the act and these rules and whether the applicant and other persons affiliated with, or otherwise associated with, the applicant as an investor, owner, key person, or managerial employee are eligible, qualified, and suitable for licensure under the licensing standards and criteria set forth in the act and these rules relating to all of the following: (i) Character. (ii) Reputation. (iii) Integrity. (iv) Business probity, experience, and ability. (v) Financial ability and responsibility. (vi) Other relevant licensing requirements, standards, and criteria provided in the act and these rules. (s) The decision of the board must be reduced to writing and signed by the board members who voted in support of the decision. (t) If the board finds that the casino license applicant is eligible, qualified, and suitable for licensure under the act and these rules, the board shall direct the executive director to serve the applicant and the city with a copy of its decision and to issue a certificate of suitability to the applicant. The certificate entitles the applicant to be granted a casino license by the board when it determines, to its satisfaction, that the applicant is prepared and able to open its proposed casino to the public and conduct its casino gambling operation in compliance with specified conditions and requirements set forth in the certificate of suitability and the requirements of the act and these rules. The public investigative hearing must be reconvened at a later time for the purpose of determining whether the applicant is prepared and able to open its proposed casino to the public and conduct its casino gambling operation in compliance with specified conditions and requirements set forth in the certificate of suitability and the requirements of the act and these rules. (u) If the board finds that the applicant is not eligible, qualified, and suitable for licensure under the act and these rules, the board shall enter an order and the order along with a copy of the board's written decision must be served on the applicant and the city by certified mail or personal delivery. (v) An applicant may appeal the denial of a casino license to the court of appeals as provided in the act.