§57.  General powers and duties of division

A.  The division may employ all necessary personnel for the investigation and enforcement of the laws, rules, and regulations relative to riverboat gaming activities.

B.  The division and its agents may:

(1)  Inspect and examine all premises wherein gaming activities are conducted or gaming devices or equipment are manufactured, sold, or distributed.  Such inspection and examination of the premises wherein gaming activities are conducted shall take place both during the construction of a riverboat and thereafter.

(2)  Inspect all gaming equipment and gaming supplies upon or destined for or from a riverboat.

(3)  Summarily seize and remove from a riverboat and impound any gaming devices, equipment, gaming documents, information, or gaming supplies for the purpose of examination and inspection.

(4)  Initiate actions for violations of this Chapter or of rules of the board or the division and defend appeals therefrom.

(5)  Demand access to inspect, examine, photocopy, and audit all papers, books, and records of licensees.

(6)  For the purpose of conducting audits after the cessation of gaming by a licensee, the former licensee shall furnish, upon demand of the division, books, papers, and records as necessary to conduct the audits.  The former licensee shall maintain all books, papers, and records necessary for audits for a period of three years after the date of the expiration or cancellation of gaming activities.

(7)  In enforcing the provisions of this Chapter:

(a)  Deny an application.

(b)  Limit or restrict a license or a permit.

(c)  Suspend or revoke a license or a permit.

(d)  Issue such orders as deemed necessary to carry out the intent of this Chapter.

(e)  Impose a penalty on a person licensed or previously approved.

(8)  Issue subpoenas and compel the attendance of a witness; administer oaths; require testimony under oath before the division in the course of an investigation or a hearing; and punish, as contempt, the failure to obey its orders.  Appeal of an action by the division holding a person in contempt shall be to the Nineteenth Judicial District Court.

(9)  Issue written interrogatories.

(10)  Issue an emergency order for not more than ten days:

(a)  Suspending, limiting, or conditioning a license or permit.

(b)  Requiring a licensee to keep an individual from the licensed premises.

(c)  Prohibiting payment for services rendered.

(d)  Prohibiting payment of profits, income, or accruals, on investment in the licensee or its operations.

(11)  Conduct investigative hearings concerning the conduct of gaming and gaming operations.

C.(1)  In considering appropriate sanctions in a particular case under the provisions of this Chapter, the division may consider the following:

(a)  The risk to the public and the integrity of gaming operations created by the conduct of the licensee or permittee.

(b)  The seriousness of the conduct of the licensee or permittee and whether the conduct was purposeful and with knowledge that the conduct was in violation of this Chapter.

(c)  A justification or an excuse for the conduct by the licensee or permittee.

(d)  The history of the licensee or permittee involved with respect to gaming activity.

(e)  The corrective action taken by the licensee or permittee to prevent similar misconduct from occurring in the future.

(2)  In the case of a fine, the amount of the fine in relation to the severity of the misconduct and the financial means of the licensee or permittee, and whether there is any material involvement, directly or indirectly, with the licensee or permittee by a disqualified person as defined in R.S. 27:76.

Acts 1991, No. 753, §1, eff. July 18, 1991.  Redesignated from R.S. 4:517 by Acts 1996, 1st Ex. Sess., No. 7, §3, eff. May 1, 1996; Acts 1999, No. 1384, §1; Acts 2012, No. 711, §1.