Section 138.38 - Administrative Action(1)Grounds for Action. A gaming licensee may be conditioned, suspended, or revoked, or a civil administrative penalty assessed, if it is determined that the gaming licensee has: (a) failed to abide by any provision of 205 CMR 138.00;(b) failed to abide by any provision of M.G.L. c. 23K or M.G.L. c. 23N related to internal controls;(c) failed to abide by any provision of the gaming licensee's system of internal controls approved in accordance with 205 CMR 138.02.(2)Finding and Decision. If the Bureau finds that a gaming licensee has violated a provision of 205 CMR 138.07(1), it may issue a written notice of decision recommending that the commission suspend, revoke, and or condition said gaming licensee. Either in conjunction with or in lieu of such a recommendation, the Bureau may issue a written notice assessing a civil administrative penalty upon said licensee. Such notices shall be provided in writing and contain a factual basis and the reasoning in support of the decision, including citation to the applicable statute(s) or regulation(s) that supports the decision.(3)Civil Administrative Penalties. The Bureau may assess a civil administrative penalty on a gaming licensee, in accordance with M.G.L. c. 23K, § 36, for a violation of 205 CMR 138.07(1).(4)Review of Decision. A recommendation made by the Bureau to the commission that a gaming license be conditioned, suspended or revoked shall proceed directly to the commission for review in accordance with 205 CMR 101.01: Hearings Before the Commission. If the gaming licensee is aggrieved by a decision made by the Bureau to assess a civil administrative penalty, in accordance with 205 CMR 138.07(2) and (3), it may request review of said decision in accordance with 205 CMR 101.00: M.G.L. c. 23K: Adjudicatory Proceedings.Reserved by Mass Register Issue 1288, eff. 6/5/2015.Reserved by Mass Register Issue 1324, eff. 6/24/2016.Reserved by Mass Register Issue 1367, eff. 6/15/2018.Amended by Mass Register Issue 1369, eff. 7/13/2018.Amended by Mass Register Issue 1486, eff. 12/21/2022 (EMERGENCY).Amended by Mass Register Issue 1492, eff. 3/9/2023 (EMERGENCY).Amended by Mass Register Issue 1494, eff. 3/9/2023 (COMPLIANCE).