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(1) The department is authorized to investigate gambling activities, alleged violations of Title 23, chapter 5, MCA, and these rules, and all applications for licenses, permits, authorizations, and registrations. The department may inspect records and audit financial activities bearing on holders of, or applicants for, any gambling license, permit, authorization, or registration. Upon completion by the department of its investigation of any matter within its jurisdiction, the department shall notify the person involved of its intended action. A person desiring a hearing to challenge the intended action must submit a written request to the department within 20 days as provided in ARM 23.16.108.

(2) If the subject of an investigation fails within a reasonable time to supply the department with records specifically requested by the department and within the subject's control, the department may complete its investigation by:

(a) denying the license, permit, authorization, or registration that is the subject of the investigation; and/or

(b) taking any action authorized in 23-5-136, MCA.

(3) Upon receipt by the department of a written request for hearing, all proceedings shall be conducted in accordance with the Montana Administrative Procedure Act and the Attorney General's Model Rules of Procedure.

(4) If requested, judicial review shall be conducted in accordance with 23-5-137, MCA, and the Montana Administrative Procedure Act. In cases of conflict, 23-5-137, MCA, shall prevail.

(5) This rule does not apply to temporary cease and desist orders issued by the department under 23-5-136, MCA.


History: 23-5-115, MCA; IMP, 23-5-113, 23-5-115, 23-5-136, 23-5-628, MCA; NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2019 MAR p. 302, Eff. 3/16/19.

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