N.M. Admin. Code § 15.1.2.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 15.1.2.8 - CONFIDENTIAL INFORMATION

A. Confidential information includes any information, document, or communication that is:

(1) required by law or rules promulgated by the board to be furnished in connection with an application submitted to the board or that may otherwise be obtained by the board in connection with the application;

(2) provided to the members or agents of the board by a licensee when such information is required to be submitted or disclosed under the law or rules promulgated by the board;

(3) provided to the members or agents of the board by a governmental agency or a Confidential informant;

(4) compiled by the members or agents of the board from other Confidential information, including lists of persons who have been approved for, or denied, work permits by the board;

(5) obtained by the board in connection with an application for self-exclusion; or

(6) obtained or compiled by the board or its agents in the course of an investigation of an applicant or licensee; the information, document or communication remains Confidential unless and until disclosure is permitted under the act.

B. Confidential information does not include:

(1) names and business addresses of applicants or the fact that an applicant has fled an application with the board;

(2) names and business addresses of any and all of an applicant's parent companies, affiliates, subsidiaries, partners, limited partners, major shareholders owning more than five percent of an applicant's stock, trustees, successor trustees, trust beneficiaries, or of any person that controls or is in a position to control or exercise other significant involvement in the operations of the applicant or licensee;

(3) names and business addresses of all officers and key employees of the applicant;

(4) names and business addresses of parties with whom the applicant or licensee contracts or expects to contract to support the operation of gaming establishments, including the names and addresses of landlords owning the premises where gaming will occur;

(5) names and business addresses of manufacturers and distributors with whom the applicant or licensee contracts or expects to contract for the sale, lease, or use of gaming devices;

(6) written order of final board approval or denial of an application and any other final action of the board taken on any other matter involving an applicant or licensee, including but not limited to, enforcement actions, investigations, rulings on motions and requests for legal determinations;

(7) legal documents submitted by applicants or licensees, including but not limited to, motions, requests for legal determinations, comments, briefs, notices of appeal, etc.; provided, however, that information contained or attached to such documents that otherwise meets the Confidentiality requirements of this section will be treated accordingly pursuant to Subsection A of 15.1.2.8 NMAC and all its subparts above;

(8) documents or information that is available from another state agency, federal agency, or other public source;

(9) an administrative complaint fled by the board; or pleadings fled by any party to such an administrative complaint; or

(10) any other information ruled by the board, in its discretion, not to be Confidential.

C. The board members or agents will receive, process, store and maintain all Confidential information in a manner and location sufficient to ensure that the Confidential information is secure and that access is strictly limited to authorized persons. Only members of the board or its agents, including persons designated by the board or authorized by law to conduct investigations of applicants and licensees, may have access to the Confidential information, except that designated employees of gaming operator licensees shall have access to the names of persons self-excluded from gaming venues, as necessary to implement the state's self-exclusion program and as provided by rules promulgated by the board.

D. Confidential information shall be disclosed upon issuance of a lawful order by a court of competent jurisdiction ordering the board to release such information. Absent such an order, Confidential information will be disclosed only with the prior written consent of the subject applicant or licensee, except as required to implement the state's self-exclusion program and as provided by rules promulgated by the board.

N.M. Admin. Code § 15.1.2.8

11/30/98; 15.1.2.8 NMAC - Rn & A, 15 NMAC 1.2.8, 1/31/02, Amended by New Mexico Register, Volume XXVII, Issue 02, January 29, 2016, eff. 1/29/2016