Resolution #2001-04 (Adopted 8/14/01) - A Board Resolution Authorizing The Executive Director To Grant and Deny Level 3 Occupational License Applications on Behalf of the Board

RESOLUTION N UMBER 2001-04 (Adopted 8-14-01)

 

A Board Resolution Authorizing The Executive Director To Grant and Deny Level 3 Occupational License Applications on Behalf of the Board

 

WHEREAS, the Michigan Gaming Control and Revenue Act, as amended, 1997 PA 69, MCL 432.201 et seq ("the Act") grants to the Board broad jurisdiction and power to issue occupational licenses upon the payment of a nonrefundable application fee and upon determination that the applicant is eligible and suitable for an occupational license pursuant to rules promulgated by the Board; and,

 

WHEREAS, the Board, on its own motion, after review and consideration of numerous occupational license recommendations, has examined more efficient methods for the determination of level 3 occupational license applications; and,

 

WHEREAS, the Act grants the Board the authority to delegate the execution of any of its powers for the purpose of administering and enforcing the act and rules promulgated by the Board, except for the power to grant casino licenses; and,

 

WHEREAS, the Executive Director already has authority to issue and renew temporary occupational and supplier licenses under the rules, MR 3432.1214(g); and,

 

WHEREAS, the rules promulgated by the Board establish 3 levels of occupational licensees for persons whose work duties are related to, or involved in a licensed gambling operation, or which are performed in a restricted area of a casino or in the gaming area of a casino; and,

 

WHEREAS, individuals required to hold a level 3 occupational license perform duties in the casino gaming area, such as food or beverage service, but are not involved in the handling of gaming assets or the conduct of gambling games; and,

 

WHEREAS, the Board has carefully reviewed the within matter and determined that the grant and denial of level 3 occupational licenses does not require consideration by the full Board in order to protect the public interest and the integrity of gaming, or accomplish the purposes of the Act; and,

 

WHEREAS, the Board has further determined that it would be more practical and efficient for Board licensing operations to delegate to the Executive Director authority to consider, grant and deny applications for level 3 occupational licenses for and on behalf of the Board; now therefore,

 

IT IS RESOLVED AND ORDERED, as follows:

  1. The Executive Director shall be and is hereby authorized to consider staff recommendations regarding the grant or denial of level 3 occupational license applications upon the completion of an appropriate background investigation.
  2. The Executive Director is further authorized to grant level 3 occupational license applications that meet the eligibility and suitability requirements of the Act and rules, and to deny those applications that fail to meet such requirements.
  3. A person whose application for a level 3 occupational license is denied by the Executive Director may petition the Board for a hearing and Board review under Part 7 of the Board s Rules.
  4. The Executive Director is further authorized to waive any requirement or procedure set forth in the Board s Administrative Rules, MR 432.1101 et seq, if the Executive Director determines that the requirement or procedure is impractical, overburdensome or inconsistent with this Resolution and Order, and not necessary to protect the public interest or accomplish the purposes of the Act.