296 Neb. Admin. Code, ch. 3, § 296-3.010

Current through September 17, 2024

Section 296-3.010 - GENERAL GROUNDS FOR REFUSAL TO ISSUE OR DENIAL OF AUTHORIZED GAMING OPERATOR LICENSE APPLICATIONS

3.010.01 The Commission may refuse to issue an Authorized Gaming Operator License or deny any Authorized Gaming Operator License application on any grounds deemed reasonable by the Commission. Without limiting the foregoing, the Commission may deny the application on any of the following grounds:

3.010.01A Evidence of an applicant submitting an untrue or misleading Statement of material fact, or willful omission of any material fact, in any application, Statement, or notice filed with the Commission, made in connection with any investigation, including the background investigation, or otherwise made to the Commission or its staff;

3.010.01B Conviction of any felony in any jurisdiction by Key Person(s) of the applicant or by the applicant which may affect the applicant's ability to properly perform his or her duties or reflect unfavorably on the integrity of a Gaming Facility;

3.010.01C Conviction of any gambling offense in any jurisdiction by Key Person(s) or by the applicant;

3.010.01D Entry of any civil or administrative judgment against the applicant or its Key Person(s) that is based, in whole or in part, on conduct that allegedly constituted a felony crime in the State or other jurisdiction the conduct occurred that may affect the applicant's ability to properly perform his or her duties or reflect unfavorably on the integrity of a Gaming Facility, or involved a gambling violation(s);

3.010.01E Association by the applicant, applicant's spouse or members of applicant's immediate household with Persons or businesses of known criminal background or Persons of disreputable character that may adversely affect the general credibility, security, integrity, honesty, fairness or reputation of the proposed Gaming Activity;

3.010.01F Any aspect of the applicant's (or any Person(s)) past conduct, character, or behavior that the Commission determines would adversely affect the credibility, security, integrity, honesty, fairness or reputation of the proposed activity;

3.010.01G Failure of the applicant or its employees to demonstrate adequate business ability and experience to establish, operate, and maintain the business for the type of activity for which application is made;

3.010.01H Failure to demonstrate adequate financing for the operation proposed in the application;

3.010.01I Failure to satisfy any requirement for application or to timely respond to any request by the Commission for additional information;

3.010.01J Permanent suspension, revocation, denial or other limiting action on any license related to Gambling Games issued by any jurisdiction; and

3.010.01K Approval of the application would otherwise be contrary to Nebraska law or public policy.

3.010.02 The Commission in the same manner and in accordance with the Nebraska Administrative Procedures Act will provide the Applicant with written notice of the denial and the Applicant will be provided with the opportunity to appeal the Commission decision.

296 Neb. Admin. Code, ch. 3, § 296-3.010

Adopted effective 5/16/2022

Amended effective 2/1/2023