Section 35. (a) The bureau may issue orders requiring persons to cease any activity which violates this chapter, a regulation adopted hereunder or any law related to gaming in the commonwealth. The bureau may, in its order, require compliance with such terms and conditions as are reasonably necessary to effectuate the purposes of this chapter.
(b) If the bureau finds that a person is not in compliance with any order issued under this section, it shall assess a civil administrative penalty. The penalty may be assessed whether or not the violation was willful. In determining the amount of the civil penalty, the bureau shall consider: (i) the nature of the violation; (ii) the length of time the violation occurred; (iii) the risk to the public and to the integrity of gaming operations created by the conduct of the person; (iv) the seriousness of the conduct of the person; (v) any justification or excuse for such conduct by the person; (vi) the prior history of the particular person involved with respect to gaming activity; (vii) any corrective action taken by the person to prevent future misconduct; and (viii) and other relevant factors.
(c) In addition to collecting any civil penalties recoverable under this chapter or any other general or special law, the bureau may bring an action in the superior court to restrain, prevent or enjoin any conduct prohibited by this chapter or to compel action to comply immediately and fully with any order issued by the bureau. Except in cases of emergency where, in the opinion of the court, immediate abatement of the unlawful conduct is required to protect the public interest, the court may in its decree fix a reasonable time during which the person responsible for the unlawful conduct may abate and correct the violation. The expense of the proceeding shall be recoverable from the subject of the proceeding.
(d) Upon a recommendation from the bureau, the commission shall issue orders to condition, suspend or revoke a license or permit issued under this chapter.
(e) The bureau shall issue an order to cease and desist any activity if the bureau finds that a licensee has engaged in or is about to engage in an act or practice which constitutes a violation of this chapter or any other laws of the commonwealth and may take such affirmative action to effectuate the order. If the bureau finds that the licensee is engaged in an act or practice that would cause irreparable harm to the security and integrity of the gaming establishment or the interests of the commonwealth in ensuring the security and integrity of gaming under this chapter, the bureau may issue a temporary suspension of the license.
(f) Any licensee who has been issued a temporary order of suspension by the bureau shall be entitled to a hearing before the commission on such suspension within 7 days after the order was issued. At the conclusion of the hearing, the commission may issue a final order to condition, suspend or revoke the license in question.
(g) A licensee shall have the right to an adjudicatory hearing on an order issued by the bureau under chapter 30A.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 23k - The Massachusetts Gaming Commission E Fee or Tax; Penalties.
Section 1 - Findings and Declaration
Section 4 - Powers of the Commission
Section 5 - Regulations for the Implementation, Administration and Enforcement of Chapter
Section 6 - Investigations and Enforcement Bureau
Section 8 - Requests for Applications for Category 1 and Category 2 Licenses
Section 9 - Application for Gaming Licenses
Section 12 - Investigation Into Suitability of Applicant for Gaming License
Section 15 - Criteria for Eligibility to Receive Gaming License
Section 16 - Grounds for Denial of Application for License or Registration
Section 18 - Objectives to Be Advanced in Determining Granting of License; Statement of Findings
Section 19 - Issuance of Category 1 Licenses
Section 20 - Issuance of Category 2 License
Section 21 - Form of Gaming License and Conditions for Licensees
Section 25 - Requirements for the Operation and Conduct of Gaming at a Gaming Establishment
Section 27 - Issuance of Credit by Gaming Licensee to Patron of a Gaming Establishment
Section 28 - Complimentary Services, Gifts, Cash, or Other Items of Value
Section 30 - Licensing or Registration of Persons Employed by a Gaming Licensee
Section 39 - Cheating and Swindling; Penalty
Section 40 - Possession of Cheating and Swindling Device or Game; Penalty
Section 44 - Deposit of Penalties Collected Under Chapter
Section 48 - Applicability of Other Laws to Gaming Licensees
Section 53 - Retention and Disposition of Unclaimed Cash and Prizes
Section 54 - Disposition of Cash or Prizes of a Person Under 21 Years of Age
Section 55 - Daily Tax and Assessment Payable by Category 1 and Category 2 Licensees
Section 57 - Massachusetts Gaming Control Fund
Section 58 - Public Health Trust Fund
Section 59 - Gaming Revenue Fund
Section 60 - Race Horse Development Fund
Section 61 - Community Mitigation Fund
Section 62 - Transportation Infrastructure and Development Fund
Section 63 - Gaming Local Aid Fund
Section 65 - Audit of Gaming Licensees