New Mexico Register / Volume XXXV,
Issue 9 / May 7, 2024
NOTICE
OF PROPOSED RULEMAKING
The Gaming Control
Board hereby gives notice that the Board will conduct a public comment hearing
on the described rules below.
The public comment
hearing will be held on Tuesday, June 11, 2024 from
9:00 am to 12:00 pm at the Gaming Control Board, 4900 Alameda Blvd. NE,
Albuquerque, NM 87113.
The public comment
hearing allows members of the public an opportunity to submit data, testimony,
and arguments in person on the proposed rule changes detailed below. All comments will be recorded by a court
reporter and/or audio recording.
Subsection B of
15.1.2.8 NMAC Confidential Information:
Purpose: Repeal current Rule
and replace with cleaned up language in the rule.
Summary of Full
Text: Changing “operation of gaming
establishments” to “gaming operations.”
Subsections C, D,
and F of 15.1.2.9 NMAC – Requests for Disclosure of Confidential Information:
Purpose: Repeal current Rule and replace with
provisions to provide more time within which to process requests for disclosure
of confidential information to ensure more thorough and thoughtful responses
and to avoid mistakes.
Summary of Full
Text: Changing “ten (10) working” to “45
calendar” days in subsection C. Changing
“working” days to “calendar” days in subsection D. Changing “three” to “seven
calendar” days in subsection F.
15.1.3.8 NMAC - Adoption,
Amendment and Repeal
Purpose: Repeal current Rule and replace with a
correction of the statutory reference in the rule.
Summary: Changing 60-2E-61 to 60-2E-62.
Subsection D of 15.1.10.32
NMAC - Definitions
Purpose: Repeal
current Rule and replace with corrections of spelling/grammatical errors.
Summary: Changing “building’s” to “buildings” in
definition of “premises”.
Subsection D of
15.1.6.8 NMAC – Suitability of Premises
Purpose: Repeal current Rule and replace to connect
rule to statute.
Summary: Adds reference to statutory definition of
“permanent physical barrier”.
Subsections B and
E of 15.1.6.9 NMAC – Area of Licensed Premises; Restrictions:
Purpose: Repeal current Rule and replace to clarify
requirements for gaming premises constructions and reiterates tie to statute.
Summary: Specifies that gaming premises construction
needs to be completed in accordance with applicable building codes and a
certificate of occupancy has been issued along with Board approval prior to
gaming commencing on the licensed premises.
Also adds reference to the statutory definition of “permanent physical
barrier.”
Subsections A, D,
and E of 15.1.6.10 NMAC - Ownership of Premises
Purpose: Repeal current Rule and replace with same
version but requiring disclosure of all potential applicable business
relationships.
Summary: Requires disclosure of business relationships
“in addition to the lease” between the licensee or applicant and the lessor “or
owner” of the premises, adds requirement to disclose liens, clarifies that written
board approval is required for a change in premises lease, ownership of, or
interest in gaming premises.
Subsection B, C, D
of 15.1.6.11 NMAC - Modification of Licensed Premises.
Purpose: Repeal current Rule and replace original rule
with same version but adding cross-references to other rules and removing
certain requirements for premises modifications.
Summary: Adds requirement to comply with 15.1.5.28
NMAC in addition to this rule in Subsection B.
Changes “this rule” to “these rules” in Subsection C. Removes requirement that modifications of
licensed premises must be approved by the Board prior to such modification in Subsection
D.
15.1.6.12 NMAC -
Transfer of License to New Premises.
Purpose: Repeal current Rule and replace with new
title that better describes the rule and removing redundant language.
Summary: Changes “License” to “Gaming Operations” in
the title. Removes “or license” and
changes “an unapproved” to “a different” premises in Subsection A. Removes “or the gaming operator’s license” in
Subsection B.
Authority: Section 60-2E-7 NMSA1978 and Section 60-2E-8
NMSA 1978.
Details for
Obtaining a Copy of Rule and Submitting Oral or Written Comments:
Copies of the proposed
rules are available on the Gaming Control Board’s website at https://www.gcb.nm.gov/rulemaking/ or can be obtained by emailing GCB-PIO@gcb.nm.gov. The proposed rules are also available on the
New Mexico Sunshine Portal. Interested
individuals may provide comments at the public hearing. Before the public hearing, written comments
may be sent to GCB-PIO@gcb.nm.gov, or by regular mail at Attn: Michelle Pato -
proposed rule, The Gaming Control Board, 4900 Alameda Blvd. NE, Albuquerque, NM
87113. The deadline to receive written
comment is Tuesday, June 11, 2024. All
written public comments will be posted on the website throughout the written
comment period at: https://www.gcb.nm.gov/rulemaking/.
Any person with a
disability who needs a reader, amplifier, qualified sign language interpreter,
or auxiliary aid or service to attend or participate in the hearing should
contact (505) 841-9700.