N.M. Admin. Code § 15.1.20.8

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

Section 15.1.20.8 - BASIS FOR ISSUANCE OF AN EMERGENCY ORDER

A. The board or any board member may issue, in accordance with this rule, an emergency order to do any one or more of the following:

(1) suspend, limit or condition a license, registration, finding of suitability or work permit; a fine may be imposed as a condition of continued operation of the license;

(2) take other action in relation to the licensee, including disabling gaming devices, ordering the licensee to cease all gaming activities or involvement in gaming activities, and stopping the movement of gaming devices;

(3) require a gaming operator licensee to exclude an individual licensee from the premises of the gaming operator licensee's gaming establishment; or

(4) require a gaming operator licensee not to pay an individual licensee any remuneration for services or any profits, income or accruals on his investment in the licensed gaming establishment.

B. The board or any board member may issue an emergency order only when there is probable cause to believe that:

(1) a licensee has willfully failed to report, pay or truthfully account for and pay any fee imposed by the provisions of the Act or willfully attempted in any manner to evade or defeat any fee or payment of a fee;

(2) a licensee or gaming employee has cheated at a game; or

(3) the emergency order is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare.

C. For purposes of Subsection B of 15.1.20.8 NMAC, failure to pay the gaming tax by the fifteenth of the month following the month in which the taxable event occurs constitutes willful failure to pay the gaming tax.

D. Within ten days of the issuance of the emergency order by an individual board member, the board shall meet in special session to consider whether the emergency order should remain in place or be stayed until an administrative hearing is held.

N.M. Admin. Code § 15.1.20.8

4/30/99; 15.1.20.8 NMAC - Rn & A, 15 NMAC 1.20.8, 10/15/00; A, 2/14/02; A, 5/14/04