205 Mass. Reg. 229.05

Current through Register 1523, June 7, 2024
Section 229.05 - Fees for Review of Transfer
(1) Pursuant to M.G.L. c. 23N, § 6(h), the transferor shall be responsible for paying to the Commission all costs incurred by the Commission, directly or indirectly, for reviewing any transfer that requires prior notification to the Bureau.
(2) For purposes of 205 CMR 229.05, the costs associated with reviewing the transfer shall include, without limitation:
(a) All costs for conducting an investigation into any new qualifiers, the transferee, the trustee, and any other person subject to the jurisdiction of the Commission under M.G.L. c. 23N relating to the transfer in question; and
(b) All fees for services, disbursements, out of pocket costs, allocated overhead, processing charges, administrative expenses, professional fees, and other costs directly or indirectly incurred by the Commission, including without limitation all such amounts incurred by the Commission to and through the Bureau, the Division, the Gaming Enforcement Unit, the Gaming Liquor Enforcement Unit, and any contract investigator.
(3) If, pursuant to 205 CMR 214.02(3), the Commission establishes a schedule of fees, wages, and other charges for the cost of investigating applicants, said schedule shall also govern the assessment of costs under this 205 CMR 229.05.
(4) The Commission shall assess to the transferor all other costs paid by or for the Commission, directly or indirectly, to any other Person for conducting an investigation into a transferor plus an appropriate percent for overhead, processing and administrative expenses.
(5)Other Requirements for Review Fees.
(a) All required review fees pursuant to 205 CMR 229.05 shall be non-refundable, due and payable notwithstanding the withdrawal, abandonment, or denial of any transfer application.
(b) The transferor and the transferee shall be jointly and severally liable for any amounts chargeable to the transferor pursuant to 205 CMR 229.05.
(c) All fees in 205 CMR 229.05 shall be deposited into the Sports Wagering Control Fund established in M.G.L. c. 23N, § 15.

205 CMR 229.05

Adopted by Mass Register Issue 1489, eff. 1/25/2023 (EMERGENCY).
Amended by Mass Register Issue 1493, eff. 4/14/2023.