23.16.3002 PROCEDURE UPON PRESUMPTION
(1) In cases where the department has presumed the existence of an illegal gambling activity, device, or enterprise, the department may issue a notice and opportunity for hearing on a permanent cease and desist order regarding that activity. The department may, in its discretion, seize the gambling device presumed to be illegal or issue a temporary order to cease and desist from the gambling activity or enterprise presumed to be illegal.
(2) If the person presumed to be conducting illegal gambling then desires a hearing, he must submit a written request to the department within 20 days of the department's action.
(3) All proceedings in cases of presumed illegal gambling must be conducted pursuant to 23-5-136 and 23-5-137 , MCA, the Montana Administrative Procedure Act, and the Attorney General's Model Rules of Procedure.
History: 23-5-115, MCA; IMP, 23-5-111, 23-5-113, 23-5-136, 23-5-151, MCA; NEW, 1990 MAR p. 828, Eff. 4/27/90.