B. Whenever an involuntarily excluded person enters, attempts to enter, or is on the licensed premises, and the licensee or its agent or a gaming employee knows or has reason to know that the person is an involuntarily excluded person, the licensee or its agents or employees shall do the following:

1. (1) immediately notify the board’s enforcement division of the excluded person’s presence in the gaming establishment;
2. (2) ask the person to not enter the licensed premises, or if on the licensed premises, to immediately leave; and
3. (3) notify the state department of public safety or the appropriate local law enforcement agency and the board’s enforcement division if the excluded person fails to comply with a request not to enter the licensed premises or to immediately leave the licensed premises.

C. The duty to exclude involuntarily excluded persons requires that each gaming operator licensee does the following:

1. (1) ensure that the gaming operator licensee and its agents and gaming employees have reviewed and are familiar with the involuntarily excluded persons list as developed and updated by the board;
2. (2) adequately train its agents and employees as to the requirements of this part; and
3. (3) develop and maintains appropriate security measures to minimize the risk that an involuntarily excluded person will enter or remain on the licensed premises.

D. As used in this section, “knows or has reason to know” means the gaming operator licensee, agent, or employee:

1. (1) has actual knowledge of the fact that the person is an involuntarily excluded person; or

2. (2) would have obtained that knowledge had the person complied with the duties set forth in this section.

   [15 NMAC 1.11.14 - N, 12/31/98; 15.1.11.14 NMAC - Rn, 15 NMAC 1.11.14, 2/14/02; A, 6/30/08; A, 10/15/15]