MY 19 Mohegan Sun Level III

Basic Principles

ž The authority of an agency to act is statutorily delegated ž An agency possesses only such authority as has been delegated to it and no more ž So long as the authority to conduct hearings is delegated, an agency may establish by rule or regulation, the procedures governing the hearing process

Basic Principles

ž An agency ’ s hearing procedures must be consistent with provisions of the gaming ordinance ž Any substantive provisions contained in the ordinance must be included in the agency ’ s rules/regulations governing the hearing process ž Agency rules and regulations cannot grant an agency powers it does not possess nor “ correct ” statutory “ defects ”

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