RESOLUTION NO. 1998-09 (Adopted 7/21/98... also see Executive Director Order #1998-01)

A Board Resolution Regarding Delegation of Authority to the Executive Director to Grant Exemptions From Supplier Licensing Requirements Pursuant to Rule 432.1322(4).

WHEREAS, the Michigan Gaming Control Board ("the Board") is empowered by the Michigan Gaming Control and Revenue Act, as amended, Public Act 69 of 1997; MCL 432.201 et seq. ("the Act") to promulgate rules as may be necessary to implement, administer, and enforce the Act; and,

WHEREAS, the Act further provides for the appointment of an Executive Director to perform any and all duties that the Board shall assign to him or her; and,

WHEREAS, the Board has adopted and promulgated administrative rules with respect to the licensing of persons providing goods and services to a casino licensee, casino license applicant or holder of a certificate of suitability; and,

WHEREAS, the Board has adopted and promulgated Rule 432.1214 delegating to its Executive Director all power and authority to act in the name of the Board with respect to all reasonable, necessary, and appropriate actions to administer and carry out the administrative and executive functions of the Board; and,

WHEREAS, the Board has adopted and promulgated Rule 432.1322(4) which provides that the Board may exempt any person or field of commerce from the supplier licensing requirements of its administrative rules, if the Board determines that any of the following provisions apply to the person or field of commerce:

(a) The person or field is an agency of state, local, or federal government.

(b) The person or field is regulated by another regulatory agency in Michigan.

(c) The person or field will provide goods or services of insubstantial or insignificant amounts or quantities.

(d) Licensing of the person or field is not deemed necessary to protect the public interest or accomplish the policies and purposes of the act.

WHEREAS, certain prospective providers of goods and services have asked for, or inquired about, exemption from supplier licensing requirements under Rule 432.1322(4); and,

WHEREAS, the Board believes it is necessary and appropriate for purposes of administrative efficiency to expressly delegate its power and authority to the Executive Director to exempt persons providing goods and services to a casino licensee, casino license applicant or holder of a certificate of suitability, where such persons meet the criteria for exemption set forth in Rule 432.1322(4); NOW THEREFORE,

IT IS HEREBY RESOLVED, as follows:

1. The Executive Director of the Michigan Gaming Control Board is hereby delegated and authorized to exercise all power and authority of the Board to exempt any person or field of commerce from the supplier licensing requirements of the administrative rules of the Board, upon the Executive Director's determination that the requirements and criteria for such exemption, as set forth in Rule 432.1322(4), are established;
   
2. All requests for exemptions from the supplier licensing requirements of the administrative rules of the Board under Rule 432.1322(4) shall be made in writing and submitted to the Executive Director, and the Executive Director shall report all such requests to the Board at its next scheduled public meeting following receipt of the request;
   
3. The Executive Director shall issue his or her decision to grant or deny a request for exemption from the supplier licensing requirements of the Board's administrative rules under Rule 432.1322(4) in writing, and shall provide a copy of the decision to the person requesting the exemption and to the members of the Board;
   
   
4. The Board may reverse the decision of the Executive Director on its own motion; and,
   
5. A person whose request for an exemption from the supplier licensing requirements of the Board's administrative rules under Rule 432.1322(4) is denied by the Executive Director, may petition the Board for review.