Current through Register 1527, August 2, 2024
Section 152.07 - Petition to Remove Name from Exclusion List(1) An individual who has been placed on the list in accordance with 205 CMR 152.03 may petition the Bureau in writing to request that their name be removed from the list. Except in extraordinary circumstances, such a petition may not be filed sooner than five years from the date an individual's name is initially placed on the list.(2) The individual shall state with particularity in the petition, the reason why the individual believes they no longer satisfy one or more criterion for inclusion on the list in accordance with 205 CMR 152.03. Following an investigation, the Bureau shall prepare a written determination whether to remove the individual from the list and setting forth a factual basis as to why the individual does or does not continue to satisfy one or more of the criterion for inclusion on the list.(3) The individual shall have 30 days from the date of service of the Bureau's determination to request a hearing before the hearing officer in accordance with 205 CMR 101.00: M.G.L. c. 23K Adjudicatory Proceedings. The commission shall schedule a hearing on any properly filed petitions and provide written notice to the petitioner identifying the time and place of the hearing. Such a hearing shall be conducted in accordance with 205 CMR 101.00.(4) In accordance with 205 CMR 101.00: M.G.L. c. 23K Adjudicatory Proceedings, a decision of a hearing officer may be appealed to the commission. Removal of an individual's name from the list shall not occur until all agency appeals have been exhausted or the time for such appeals has run.(5) An individual who was placed on the exclusion list by virtue of an order of the district court, in accordance with M.G.L. c. 23K, § 45(i), may not petition for removal in accordance with 205 CMR 152.07.(6) The Bureau shall promptly notify each gaming licensee and Sports Wagering Operator of the removal of an individual from the exclusion list.Adopted by Mass Register Issue 1289, eff. 6/19/2015.Amended by Mass Register Issue 1292, eff. 6/19/2015.Amended by Mass Register Issue 1312, eff. 5/6/2016.Amended by Mass Register Issue 1338, eff. 5/5/2017.Amended by Mass Register Issue 1367, eff. 6/15/2018.Amended by Mass Register Issue 1369, eff. 7/13/2018.Amended by Mass Register Issue 1374, eff. 7/13/2018.Amended by Mass Register Issue 1399, eff. 6/7/2019.Amended by Mass Register Issue 1492, eff. 3/9/2023 (EMERGENCY).Amended by Mass Register Issue 1496, eff. 5/26/2023.Amended by Mass Register Issue 1514, eff. 2/2/2024.