205 Mass. Reg. 15.03

Current through Register 1523, June 7, 2024

Section 15.03 - Evaluation of Application and Decision

(1)Pre-application Consultation. The Commission or its designees may conduct one or more consultation meetings or information sessions with an applicant or prospective applicant to provide guidance on application procedures, including the requirements of M.G.L. c. 128A or 128C, or 205 CMR 15.00. In addition, the Commission may use other methods to respond to inquiries regarding the application process, such as publishing responses to questions submitted by any applicant.

(2)Administrative Sufficiency Review. The Division of Licensing will review application materials for administrative sufficiency as they are submitted.

(a)Administrative Sufficiency Review - How Undertaken.

1. When determining whether the application materials to be reviewed at any stage are administratively sufficient, the Division of Licensing shall review the forms and determine whether all information or materials required to be provided in response to each question or request have been submitted.

2. If any application materials to be reviewed in a stage are determined to be insufficient:

a. The Licensing Division shall notify the applicant in writing by email or first-class mail. The notification shall specify the deficiencies within the materials.

b. Until the application deadline passes, the applicant shall have the right to submit corrected materials to cure the deficiencies.

c. After the application deadline passes, the applicant must request leave from the Commission or its designee to submit corrected materials to cure the specified deficiencies, and must submit any corrected materials within the time allowed by the Commission or its designee.

d. The Commission or its designee shall not grant leave to submit proof of approvals required under M.G.L. c. 128A, §§ 13A and 14.

(b)Positive Determination of Administrative Sufficiency - Significance. A positive determination of administrative sufficiency shall not constitute a finding with respect to the accuracy of the information submitted and shall not bar a request for further information by the Commission, the Bureau or their agents and employees with respect to the application.

(3)Review Procedures. In reviewing the merits of the application, the Commission may, at such times and in such order as the Commission deems appropriate, take some or all of the following actions:

(a) Refer the application, or any parts thereof, for advice and recommendations, to any or all of the following:

1. The Executive Director;

2. The Bureau;

3. Any office, agency, board, council, commission, authority, department, instrumentality, or division of the commonwealth;

4. Commission staff; and

5. Any consultant retained by the Commission to aid in the review of the application;

(b) Retain, or authorize the Executive Director or the Executive Director's designee to retain such professional consultants (including without limitation financial and accounting experts, legal experts, racing experts, contractor investigators, and other qualified professionals) as the Commission in its discretion deems necessary and appropriate to review the request and make recommendations; and

(c) Require or permit, in the Commission's discretion, the applicant to provide additional information and documents.

(4)Public Meetings Regarding Applications

(a) Pursuant to M.G.L. c. 128A, § 3, the Commission shall not issue a license without holding at least one public meeting in the municipality where the applicant proposes to hold a racing meeting.

(b) The Commission may conduct one or more other meetings to:

1. receive public feedback on the application;

2. allow the applicant to make a presentation; and

3. allow the applicant to respond to questions or public comments.

(5)Evaluation of the Application by the Commission. Once an application is deemed administratively sufficient, regardless of whether the application deadline has passed, the Commission shall commence a substantive evaluation of its contents. The Commission may utilize any technical or expert assistance it deems necessary to aid in its review.

(a) The Commission shall analyze the factors and considerations set out in 205 CMR 15.01, and M.G.L. c. 128A, § 3(i) in no particular order, and giving any particular weights, to any factor in order to make a determination as to whether a license awarded to the applicant would benefit the Commonwealth. These factors include but are not limited to:

1. Whether the application meets the requirements of M.G.L. c. 128A;

2. Whether the applicant has adequately answered the questions in the application;

3. Whether the application meets the factors set out in M.G.L. c. 128A, § 3(i):

a. The applicant's financial ability to successfully operate a race track;

b. The impact of the application on the maximization of state revenues;

c. The suitability of the racing facilities for operation at the time of the year for which dates are assigned;

d. The circumstance that large groups of spectators require safe and convenient facilities;

e. The interest of members of the public in racing competition honestly managed and of good quality;

f. The necessity of having and maintaining proper physical facilities for racing meetings; and

g. The economic interest and investments of those who in good faith have provided and maintain such facilities;

4. Whether the Applicant is financially responsible, able to meet obligations to the Commonwealth, has suitable and safe facilities for the service of patrons, and is likely to conduct racing in accordance with approved practices and in a manner consistent with the public safety, health, morals, and welfare, including the suitability of the Applicant and its leadership to hold or conduct a racing meeting;

5. The reputation for honest dealing, and the gaming, racing, or sports wagering history of the Applicant and its qualifiers;

6. Whether granting the application would result in an undesirable concentration of ownership of racing facilities within the Commonwealth;

7. Whether the application would have an adverse impact upon the integrity of the racing industry;

8. The applicant's proposed measures related to responsible wagering, including:

a. The Applicant's responsible wagering policies;

b. The Applicant's advertising and promotional plans; and

c. The Applicant's history of demonstrated commitment to responsible wagering;

9. The Applicant's willingness to foster racial, ethnic, and gender diversity, equity, and inclusion, including:

a. Within the applicant's workforce;

b. Through the applicant's supplier spend; and

c. In the applicant's corporate structure;

10. any other relevant considerations the Commission deems appropriate, per M.G.L. c. 128A, § 2.

(b) The Commission shall deliberate on license applications in an adjudicatory proceeding pursuant to 205 CMR 101.01: Hearings Before the Commission.

(6)Determinations on Applications.

(a) After evaluating an application in accordance with 205 CMR 15.03(5), the Commission may:

1. Award the applicant a license, subject to conditions in accordance with M.G.L. c. 128A and 128C, and 205 CMR; or

2. Deny the application for any of the reasons set out in M.G.L. c. 128A and 128C, and 205 CMR.

(b) The Commission shall not award a license without first having found the applicant durably suitable in accordance with 205 CMR 15.04(1) within the current or prior four calendar years, or having found the applicant temporarily suitable in accordance with 205 CMR 15.04(2) within the last calendar year; provided, the Commission may make either finding simultaneously with the decision to award a license in accordance with 205 CMR 15.03(6)(a)1.

(7)Provisions Applicable to All Licensing Determinations. Upon granting an application, the Commission shall prepare and file its decision, and shall issue a statement of the reasons for the grant, including specific findings of fact, and noting any conditions of licensure imposed pursuant to M.G.L. c. 128A, or 128C.

(a) Upon denial of an application, the Commission shall prepare and file its decision and, if requested by the applicant, shall further prepare and file a statement of the reasons for the denial, including specific findings of fact.

(b) For purposes of205 CMR and M.G.L. c. 128A, or 128C, the award of a Racing Meeting License shall be deemed to have occurred immediately upon a majority vote by the Commission to issue the license, unless otherwise determined by the Commission.

(c) License conditions.

1. All licenses shall be issued subject to the following conditions:

a. That the licensee comply with all terms and conditions of its license;

b. That the licensee comply with M.G.L. c. 128A, c. 128C, and all rules and regulations of the Commission; and