Investigative Procedures; Complaints

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Sec. 16. (a) The commission shall review and make a determination on a complaint by an operating agent or a person who has been issued an owner's license concerning an investigative procedure that the licensee alleges is unnecessarily disruptive of gambling operations.

(b) A licensee or an operating agent filing a complaint under this section must prove all of the following by clear and convincing evidence:

(1) The investigative procedure had no reasonable law enforcement purpose.

(2) The investigative procedure was so disruptive as to unreasonably inhibit gambling operations.

(c) For purposes of this section, the need to inspect and investigate a licensee or an operating agent shall be presumed at all times.

As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003, SEC.22.


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