R 432.1331 Occupational license requirement; license classes; application; exemptions.

Rule 331. (1) Each casino licensee, supplier licensee, and person with an exemption from the supplier-licensing requirements must ensure that an individual it employs whose work duties are related to or involved in the gambling operation or are performed in a restricted area of a casino or in the gaming area of a casino licensed under the act holds an occupational license of the level required for the individual's position before the individual performs any of the duties of his or her position. To the same extent required for its own employees, each casino licensee must also ensure that employees of supplier licensees and persons with an exemption from the supplier-licensing requirements comply with the occupational-licensing requirements. (2) This rule applies to both full-time and part-time employees. (3) The 3 different classes of occupational licenses that an employee may hold are as follows: (a) Occupational license, level 1, the highest level of occupational license. (b) Occupational license, level 2. (c) Occupational license, level 3. (4) An occupational licensee may perform any work duties or activities permitted for the level of occupational license the licensee holds and any work duties or activities permitted for any lower level of occupational license. (5) The board may not process an application for an occupational license unless the application includes a written statement from an applicant for or holder of a casino or supplier license or a person with an exemption from the supplier-licensing requirements that the applicant has been or will be hired upon receiving the appropriate occupational license for which application is made. (6) The board may exempt a person from the occupational-licensing requirements of these rules if the board determines that the person is regulated by another governmental agency or that licensing is not deemed necessary to protect the public interest or accomplish the policies and purposes of the act. (7) Despite job title designation, the board may determine occupational licensing level based on the employee’s authority to develop or administer policy or long-range plans or to make discretionary decisions regulating gambling operations or management of a casino enterprise. This determination will be based in part on the employer’s organizational chart and job descriptions throughout its chain of command.