23 CAR § 358-706 – Participation in operations

(a) Except as provided in this part pertaining to emergency situations or on approval of the Arkansas Racing Commission, no person who proposes to acquire an interest in any licensed gaming operation, in a licensee, or in a holding company shall take any part whatsoever, as an employee or otherwise, in the conduct of such gaming operations or in the operation of the establishment at which such gaming operations are conducted while the person’s application for a license or for approval to acquire such interest is pending.
(b) An employee subject to this part may be employed at the licensed gaming operation, licensee, or holding company pending the commission’s decision on the employee’s application for a license or for approval to acquire an interest in the licensed gaming operation, licensee, or holding company if, when the employee files his or her application or becomes so employed, the employee requests permission from the commission to continue to be so employed pending commission action on the employee’s application.
(c)
1. (1) The commission may grant, deny, limit, restrict, or condition a request for administrative approval pursuant to this section for any cause the commission deems reasonable, or refer the request for administrative approval to the full commission for consideration.
2. (2) If the commission, acting in the commission’s sole and absolute discretion, does not within thirty (30) days deny the request to continue employment, or provide written notification to the employee that the request is being referred to the full commission for consideration, the employee’s request to participate shall be deemed approved.
(d) An employee’s employment by a licensed gaming operation, licensee, or holding company, pursuant to this part, is limited to observing and learning the operations of the licensed location, licensee, or holding company, unless otherwise specified by the commission, and the employee is prohibited from exerting or taking control of a licensed gaming operation, licensee, or holding company until approved by the commission unless the employee has otherwise been licensed or found suitable to do so.