N.M. Admin. Code § 15.1.20.12

Current through Register Vol. 35, No. 17, September 10, 2024

Section 15.1.20.12 - NONPAYMENT OF FEES; SUSPENSION OF GAMING LICENSE AND DISABLING OF GAMING MACHINES

A. The board may suspend a gaming operator's license and disable gaming machines due to nonpayment of a fee owed by the gaming operator licensee.

B. If the overdue fee is the gaming tax, the board shall contact the taxation and revenue department by telephone, letter or e-mail to verify that the gaming operator licensee has not paid the overdue fee.

C. Following verification that the fee has not been paid, the board shall provide to the gaming operator licensee written notice of the overdue fee. The written notice shall include a demand for payment and shall be sent by certified mail or personally delivered to the licensee.

D. The gaming operator licensee shall pay the overdue fee in full and submit proof of payment satisfactory to the board within five days of receipt of the notice.

E. The board shall issue an emergency order to suspend the gaming operator's license and to disable the gaming machines if the gaming operator licensee fails to submit to the board satisfactory proof of full payment of the fee as set forth above. The gaming operator's license shall be suspended and the gaming machines shall be disabled upon service of the emergency order on the gaming operator licensee.

F. Nothing in this Section 15.1.20.12 NMAC shall be construed as prohibiting the board from taking any other appropriate action in the emergency order in addition to suspending the gaming operator's license and disabling the gaming machines, including imposing a fine against the licensee as a condition of continued operation of the license.

G. In addition to issuance of an emergency order suspending the gaming operator's license and disabling the gaming machines, the board may initiate enforcement proceedings seeking to revoke, limit, condition or further suspend the license, or impose additional fines against the gaming operator licensee, or both.

H. Provided the gaming operator license has not been revoked, the board shall issue an order to lift the suspension and enable the gaming machines upon proof satisfactory to the board that the gaming operator licensee has:

(1) paid the overdue fee in full;

(2) paid any fines or other fees assessed by the board or other agency in connection with the overdue fee;

(3) completed any period of suspension imposed on the license by the board; and

(4) complied with any and all other conditions imposed by the board.

N.M. Admin. Code § 15.1.20.12

15.1.20.12 NMAC - N, 10/15/00; A, 2/14/02; A, 5/14/04