Wyoming Administrative Code Agency 023 - Public Service Commission
Wyoming Administrative Code Agency 038 – Wyoming Gaming Commission
Overview
The Wyoming Gaming Commission (WGC) is the state agency responsible for regulating all gaming activities within Wyoming. The commission enforces laws related to gaming operations, licenses operators, investigates violations, and ensures compliance with state gaming statutes and rules.
The Wyoming Administrative Code (WAC) Agency 038 codifies the rules and regulations promulgated by the WGC to regulate gaming activities effectively. These rules cover a variety of topics including licensing, game operation standards, enforcement procedures, and penalties.
Key Areas Covered by WAC Agency 038
Licensing and Registration
Requirements for obtaining licenses for gaming operators, employees, vendors, and manufacturers.
Background checks, financial disclosures, and suitability investigations.
Operation of Gaming Activities
Rules regarding permissible gaming devices, game conduct, and payout structures.
Restrictions on gaming hours, locations, and types of authorized games.
Compliance and Enforcement
Procedures for inspections and audits.
Reporting requirements for gaming activities.
Penalties for violations, including fines, suspensions, and license revocations.
Player Protection and Fairness
Ensuring games are conducted fairly.
Protection against fraud and illegal activities.
Record-Keeping and Reporting
Detailed requirements for maintaining records of gaming transactions.
Reporting suspicious or unusual activities to the Commission.
Purpose and Goals
Maintain the integrity of gaming in Wyoming.
Ensure that gaming revenues are properly accounted for.
Prevent criminal activities associated with gaming.
Protect consumers and maintain public confidence.
Relevant Case Law Regarding Wyoming Gaming Commission or Similar Administrative Agencies
Though Wyoming-specific case law on the Gaming Commission may be limited, general administrative law principles and precedents related to gaming regulation and administrative agencies apply. Here are some examples:
1. State ex rel. Wyoming Gaming Commission v. Doe (Hypothetical Example)
Issue: Challenge to a license denial based on background investigation.
Holding: Courts generally give deference to the administrative agency’s expertise in licensing decisions, especially in gaming due to public interest.
Principle: Licensing decisions are reviewed under the "arbitrary and capricious" standard. If the agency followed proper procedures and had a reasonable basis, the decision is upheld.
2. Cheyenne Gaming, Inc. v. Wyoming Gaming Commission (Hypothetical Example)
Issue: Alleged improper revocation of a gaming license without due process.
Holding: Courts require agencies to provide adequate notice and opportunity to be heard before revoking licenses.
Principle: Due process rights are protected even in administrative actions; fair hearings are required.
Administrative Law Principles Applied
Rulemaking Authority: The WGC’s authority to promulgate rules under Agency 038 comes from statutes enacted by the Wyoming Legislature.
Judicial Review: Courts review agency actions for procedural fairness, compliance with statutory authority, and rational basis.
Deference to Expertise: Courts defer to the Commission’s expertise in specialized matters like gaming regulation.
Practical Example of the Commission’s Enforcement Role
If a licensed gaming operator is found using unauthorized gaming devices or falsifying records, the Wyoming Gaming Commission can investigate, hold hearings, and impose penalties such as fines or license suspension according to the rules in Agency 038.
Summary Table
| Aspect | Description |
|---|---|
| Agency Role | Regulate gaming, issue licenses, enforce laws |
| Rules Covered | Licensing, game operation, enforcement, records |
| Legal Standards | Deference to agency expertise; due process in enforcement |
| Penalties | Fines, suspensions, revocations |
Conclusion
The Wyoming Administrative Code Agency 038 establishes the regulatory framework for gaming activities through the Wyoming Gaming Commission. The Commission balances regulation and enforcement with protecting player interests and ensuring fair gaming practices. Judicial oversight ensures the Commission acts within its authority and respects due process.
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