MassGaming to Hold Adjudicatory Hearing regarding ‘Suitability’ for Resort-Casino Applicant Crossroads Massachusetts, LLC

WHO: Members of the Massachusetts Gaming Commission including Chairman Steve Crosby; Commissioner Gayle Cameron; Commissioner James McHugh, Commissioner Bruce Stebbins and Commissioner Enrique Zuniga

WHAT: The Massachusetts Gaming Commission will hold an adjudicatory hearing to review the suitability of resort-casino applicant, Crossroads Massachusetts, LLC (Foxwoods). The Director of the Investigations and Enforcement Bureau, Karen Wells, will brief the Commissioners regarding the completion of the Phase 1 background investigation for Crossroads Massachusetts, LLC. After a period of deliberation, the Commission will then issue a written determination of ‘suitability’ for Crossroads/Foxwoods. The results of a Phase 1 suitability investigation determine an applicant’s ability to proceed with the submission of a Phase 2 (final) application. This marks the second suitability hearing for a Region A (Eastern Massachusetts) resort-casino applicant. Final resort-casino applications are due to the Commission on December 31, 2013.

For a complete list of agenda items, please visit the Meeting Notifications & Agenda page. A LIVE STREAM will be available on the MassGaming homepage. In addition, community members are invited to follow along with live meeting updates by connecting with us on Twitter, @MassGamingComm.

WHERE: Boston Convention and Exhibition Center; 415 Summer Street, Room 107A, Boston, MA

WHEN: WEDNESDAY, November 13, 2013 at 9:30am

EDITOR’S NOTE:       As one of the prerequisites to submitting a Phase 2 (and final) application to the Commission outlining the specifics of its proposal for a gaming establishment, all applicants must first be issued a positive determination of suitability by the Commission.  The burden is on each applicant to establish its suitability to hold a gaming license by clear and convincing evidence.  To that end, all applicants that submitted a Phase 1 application have subjected themselves to a thorough background investigation of all its qualifiers, both individuals and entities.  The investigations are being conducted by the Investigations and Enforcement Bureau of the Commission.

As part of the investigations, the Bureau reviews such things as the integrity, honesty, good character and reputation of the applicant; the financial stability, integrity and background of the applicant; the business practices and the business ability of the applicant to establish and maintain a successful gaming establishment; and whether the applicant has a history of compliance with gaming licensing requirements in other jurisdictions.

Additionally, the Commission may impose conditions upon the applicant in order for it to be issued a positive determination.  In order to make this determination the Commission has scheduled proceedings in accordance with section 115 of its regulations.  The proceedings may take one of two forms; they may either be a public hearing or an adjudicatory proceeding.  Regardless of which type of proceeding is used by the Commission, no inferences should be drawn relative to the suitability of the applicant until a final decision is issued by the Commission.  Typically, the Commission will utilize an adjudicatory hearing, which is a more formal proceeding than a public hearing, when it seeks to gain clear insight into a particular issue or issues that were identified in the course of the investigation.  Oftentimes, those issues are of a complexity that do not lend themselves well to the more informal public hearing format.  Both types of proceedings are open to the public and at the Commission’s election will be streamed live on the Commission’s website; the main distinction primarily involves the rules that apply.  At the conclusion of an adjudicatory proceeding, unlike a public hearing which is subject to the Open Meeting Law, the Commission will deliberate in private and issue a written decision.  Accordingly, the decision will not be issued the same day as the hearing.  As long as an applicant is issued a positive determination of suitability by the Commission, it is inconsequential whether it was achieved as the result of a public hearing or an adjudicatory proceeding.

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