Suitability Hearings for Gaming Applicants and Licensees and Exclusion Hearings

PURPOSE: This rule authorizes hearings for applicants found to be unsuitable for licensing pursuant to 11 CSR 45-4 and persons placed on the commission’s exclusion list. (1) A person whose application for a gaming license has not been granted for failing to establish suitability to hold a license or a person who has been placed on an exclusion list pursuant to 11 CSR 45-15.040 may request a hearing under this chapter. (2) The commission may authorize the executive director to investigate and make the initial finding of unsuitability with regard to any applicant for or holder of a license of the type that may be issued by the executive director pursuant to 11 CSR 45-4. (3) Whenever the commission finds an applicant unsuitable for licensing, the commission shall send a written letter to the applicant outlining the reasons for the finding, including both the applicable criteria for suitability that the applicant has established and those criteria that the applicant has failed to establish. This letter shall be sent certified mail, return receipt requested, or by personal delivery. Within thirty (30) days from the date of mailing, the licensee shall file a request for hearing by serving it on the executive director as provided in 11 CSR 45-13.030. If a request for hearing is not filed within the time provided for, the letter shall become a final order of the commission. AUTHORITY: section 39(g) of Article III, Mo. Const., sections 313.004 and 313.560, RSMo 2016, and sections 313.800 and 313.805, RSMo Supp. 2025.* Original rule filed June 30, 2003, effective Feb. 29, 2004. Amended: Filed May 14, 2025, effective Nov. 30, 2025. *Original authority: 313.004, RSMo 1993, amended 1994, 2014; 313.560, RSMo 1986, amended 1987; 313.800, RSMo 1991, amended 1993, 1994, 2005, 2014, 2016, 2021, 2022; and 313.805, RSMo 1991, amended 1993, 1994, 2000, 2008, 2010, 2021, 2022.