Emergency Order Suspending License Privileges—Expedited Hearing

PURPOSE: This rule establishes a procedure for immediately suspending the privileges under a license where the public health, safety, or welfare is endangered and preservation of the public interest requires such suspension of privileges. (1) Upon a finding that sufficient facts exist to show that a licensee has violated a provision of Article III, Section 39(g), of the Missouri Constitution, sections 313.004 to 313.090, RSMo, sections 313.800 to 313.850, RSMo, or sections 313.900 to 313.955, RSMo, or any rule promulgated by the commission under 11 CSR 45, et seq., as may be amended from time to time and that such facts constitute an immediate threat to the public health, safety, or welfare, the executive director may issue an emergency order immediately suspending the privileges under the license that allow the licensee to— (A) Conduct gambling games on an excursion gambling boat; (B) Serve as an officer, director, trustee, proprietor, managing agent, or general manager of a licensee or key person of a licensee; (C) Work on an excursion gambling boat or have access to restricted areas on an excursion gambling boat; (D) Sell gambling supplies; (E) Operate a bingo game; (F) Sell or manufacture bingo supplies; (G) Conduct fantasy sports contests; (H) Conduct sports wagering; or (I) Provide any sports wagering equipment, systems, goods, services, or any other component necessary for the operation of sports wagering. (2) The executive director shall have notice of the emergency order personally served upon the licensee or, if the licensee is not available personally, it may be served by electronic mail, certified mail, or express mail. (3) Upon receipt of notice of an emergency suspension of license privileges as set forth in section (1) of this rule, the licensee may request an immediate informal hearing before the executive director. A request for informal hearing must be in writing and delivered to the executive director at the commission’s office in Jefferson City via electronic mail, personal delivery, certified mail, or express mail. The executive director or his or her designee shall hold the informal hearing within forty-eight (48) hours of receipt of the request for hearing. The procedure for the hearing shall be as follows: (A) The executive director or his or her designee shall call the hearing to order and present a statement of facts summarizing the violations committed by the licensee and the reason(s) why the licensee’s conduct constitutes an immediate threat to the public health, safety, or welfare such that it demands an emergency order; (B) The licensee may respond by submitting evidence and witnesses, if any, supporting its position that the conduct does not constitute a violation of law or that it is not of such severity that it demands emergency action. The executive director or his or her designee may require that witnesses testify under oath. All relevant evidence is admissible. The executive director or his or her designee may question witnesses. At the conclusion of the licensee’s presentation of evidence, the licensee may make a concluding argument as to why the emergency order should not stand; and (C) Upon receiving all evidence presented by the licensee and hearing the licensee’s final argument, the executive director or his or her designee shall render a decision as to whether or not the order will stand. If the executive director reaffirms the order, it shall be scheduled for a hearing before the full commission as provided in section (4) of this rule. (4) Emergency orders issued pursuant to section (1) of this rule, except those that have been rescinded by the executive director after an informal hearing provided for in section (3), shall be presented to the commission at its next meeting where a hearing will be conducted to determine the validity of the issuance of the order. The hearing shall be commenced within seven (7) days of the service of notice of the emergency order upon the licensee unless sufficient cause can be shown as to why a hearing cannot be commenced within that time. Under no circumstance shall such hearing be commenced more than fourteen (14) days after service of notice of the emergency order unless a delay is requested by the licensee. The commission shall preside over the hearing, which shall be conducted in accordance with the procedures set forth in 11 CSR 45-13.060. The commission may designate a hearing officer to direct the hearing and rule on evidentiary matters. However, the hearing officer’s rulings shall be advisory only and may be overruled by the commission. Upon conclusion of oral arguments and evidentiary presentations, the commission shall determine whether sufficient cause exists to uphold the proposed emergency order. (5) If the commission finds there are sufficient facts to support a finding that the alleged conduct occurred, that it poses an immediate threat to the public health, safety, or welfare, and that the effective regulation of gaming demands the action, it shall adopt a resolution ratifying the emergency order. The commission may amend the language in the emergency order based upon the evidence presented at the hearing. The commission’s resolution shall establish the length of term for the order by establishing an expiration date. The expiration date may be a specific date, dependent on the completion of specified remedial actions or dependent on the outcome of a proposed disciplinary action issued by the commission pursuant to 11 CSR 45-13. If the expiration date is dependent upon specific remedial actions, the commission shall provide a detailed description of the remedies in the resolution and shall establish procedures whereby the licensee can demonstrate that it has complied with the required remedies. Any resolution adopted to ratify the emergency order is a final decision of the commission for purposes of appeal. (6) If the commission finds that there is insufficient cause to support the order, it shall adopt a resolution rescinding the emergency order and the licensee’s privileges shall be reinstated. (7) Resolutions ratifying or rescinding emergency orders adopted pursuant to the provisions of this rule shall not prohibit the commission from instituting a proposed disciplinary action using the procedures set forth in 11 CSR 45-13. GAMING COMMISSION (8) Copies of the final commission order shall be served on the licensee by electronic mail, certified mail, express mail, or by personal delivery. AUTHORITY: section 39(g) of Article III, Mo. Const., sections 313.004, 313.052, 313.560, and 313.910, RSMo 2016, and sections 313.800, 313.805, 313.935, 313.950, and 313.955, RSMo Supp. 2025.* Emergency rule filed July 30, 1999, effective Aug. 9, 1999, expired Feb. 24, 2000. Emergency amendment filed Nov. 30, 2006, effective Dec. 10, 2006, expired June 7, 2007. Original rule filed Dec. 17, 1999, effective July 30, 2000. Emergency amendment filed Aug. 29, 2016, effective Sept. 8, 2016, expired March 6, 2017. Amended: Filed Aug. 29, 2016, effective March 30, 2017. Amended: Filed May 14, 2025, effective Nov. 30, 2025. *Original authority: 313.004, RSMo 1993, amended 1994, 2014; 313.052, RSMo 1994; 313.560, RSMo 1986, amended 1987; 313.800, RSMo 1991, amended 1993, 1994, 2005, 2014, 2016, 2021, 2022; 313.805, RSMo 1991, amended 1993, 1994, 2000, 2008, 2010, 2021, 2022; 313.910, RSMo 2016; 313.935, RSMo 2016, amended 2019; 313.950, RSMo 2016, amended 2019; and 313.955, RSMo 2016, amended 2019.