Resolution No. 2003-01 (Adopted 3/18/03) (RESCINDED on 09/08/09 by Resolution No. 2009-01 and on 7/13/05 by Resolution No. 2005-02) Executive Director to Determine if the Public Health, Safety or Welfare Requires Emergency ActionSTATE OF MICHIGAN
THE MICHIGAN GAMING CONTROL BOARD
RESOLUTION NO. 2003-01
A Board Resolution Delegating Authority to the Executive Director
to Determine if the Public Health, Safety or Wefare Requires
Emergency Action Against Occupational Licensees
and to Issue Summary Suspensions
The Michigan Gaming Control and Revenue Act, as amended, 1997 PA 69; MCL 432.201 et seq (Act) at section 4(8), provides for the appointment of an Executive Director to perform any and all duties that the Board shall assign to him or her.
The Act, at section 4a(1)(r), authorizes the Michigan Gaming Control Board (Board) to delegate its authority for the purpose of administering and enforcing the Act and Board Administrative Rules, MR 432.1101 et seq (Rules).
The Board has adopted and promulgated Rule 223, MR 432.1223, which authorizes the Board to waive, in writing, any requirement or procedure set forth in its rules.
The Board has adopted and promulgated Rule 1109(2), MR 432.11109(2) which allows the Board to make a determination that an emergency exists, then suspend a casino owner's license, supplier's license or occupational license by one of the following procedures: 1) by an authorized individual or panel of individuals without notice or an evidentiary proceeding; or, 2) after a hearing conducted by a hearing officer.
The Administrative Procedures Act at section 292, MCL 24.292, provides that if an agency find that the public health, safety or welfare requires emergency action and incorporates this finding in its order, summary suspension of a license may be ordered effective on the date specified in the order or on service of a certified copy of the order on the licensee, whichever is later, and effective during the proceedings. The proceedings shall be promptly commenced.
The Board concludes that in the interest of administrative efficiency, it is appropriate to delegate authority to the Executive Director whereby emergency action to suspend a license issued to an occupational licensee can be taken, without notice or evidentiary hearing, if the Executive Director finds that the public health, safety or welfare requires emergency action to ensure the safety or health of patrons or employees, immediate preservation of the integrity of casino gaming, public peace, health, safety, morals, good order, or general welfare.
It is Resolved and Ordered as Follows :
1. The Executive Director of the Michigan Gaming Control Board is hereby delegated the authority to suspend a license issued to an occupational licensee when there has been a determination by the Executive Director that the public health, safety or welfare requires emergency action to ensure the safety or health of patrons or employees, immediate preservation of the integrity of casino gaming, public peace, health, safety, morals, good order, or general welfare.
2. The Executive Director, upon making the determination that an emergency exists, and incorporating those findings in an order, may authorize the summary suspension of a license issued to an occupational licensee without notice or an evidentiary hearing.
3. The Executive Director shall provide the Order of Summary Suspension to the Board.
4. The Executive Director shall schedule a hearing to commence within 14 days of the suspension and the Proposal for Decision (PFD) shall be submitted to the Board within 14 days from the close of the hearing.
5. The Board reserves the authority to reverse the decision of the Executive Director on its own motion or upon the motion by the suspended licensee.
ADOPTED AND ISSUED THIS 18TH DAY OF MARCH 2003
Roman S. Gribbs, Chair
Received and filed:
Patricia S. James