S.D. Admin. R. 20:18:08.01:02

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:18:08.01:02 - Criteria for exclusion

The criteria to be applied by the commission to prepare a list of persons to be included on the exclusion list are the criteria set forth in SDCL 42-7B-61, any one of which is sufficient for placement of a person on the list.

The commission, in its discretion, may establish evidence of notorious or unsavory reputation, as that term is used in SDCL subdivision 42-7B-61(3), by identification of a person's criminal activities in a published report of any state or federal legislative or executive body that has inquired into various aspects of criminal activities and in the report or investigation of any state or federal law enforcement agency that has inquired into or investigated criminal activities. This evidence may also include any state or federal crime commission, legislative study or legislative subcommittee study on crime, any presidential commission on crime, or any state or federal law enforcement agency or authority report.

The commission, in its discretion, may establish evidence of conduct that would adversely affect public confidence that gaming is conducted honestly, as that term is used in SDCL subdivision 42-7B-61(4), by any one of the following criteria:

(1) The person's character, background, past activity is incompatible with the maintenance of public confidence and trust in the credibility, integrity, and stability of licensed gaming;

(2) The person's character, background, or past activity could reasonably be expected to impair the public perception of, and confidence in, the strict regulatory process created by SDCL Chapter 42-7 B and ARSD Article 20:18;

(3) The person's character, background, or past activity could create or enhance a risk of the fact or appearance of unsuitable, unfair, or illegal practices, methods or activities in the conduct of gaming or in the business or financial arrangements incidental thereto; or

(4) Any other factor reasonably related to the maintenance of public confidence in the efficacy of the regulatory process and the integrity of gaming operations and the gaming industry and its employees.

Race, color, creed, national origin or ancestry, or sex is not a reason for inclusion of a person upon the exclusion list.

Before a name is placed on the exclusion list, the commission shall first informally review the information or evidence in its possession and make a determination that there is sufficient reason to believe that any one of the criteria specified in SDCL 42-7B-61 is applicable to the candidate. At least three commission members shall concur in such decision at an informal investigative hearing conducted by the commission which may be conducted in executive session. No formal meeting of the commission is required to reach such a decision.

S.D. Admin. R. 20:18:08.01:02

41 SDR 7, effective 7/29/2014.

General Authority: SDCL 42-7B-7, 42-7B-61.

Law Implemented: SDCL 42-7B-7, 42-7B-11(11), 42-7B-61.