The Nevada Gaming Control Act (Act) requires an applicant for a gaming license or other approval to appear first before the Nevada Gaming Control Board (Board) on the application. The applicant has the burden of proof and must affirmatively seek the Board’s support and its recommendation to the Nevada Gaming Commission (Commission). The Board can recommend (i) approval of the application, (ii) denial of the application, or (iii) a limited approval, which could be limited in duration and/or include conditions.

Prior to Assembly Bill 75 (2017) (AB 75), which was signed by Governor Sandoval on May 23, 2017, if the Board recommended denial of the application, the Commission’s only options would be to (i) deny the application by a majority vote, (ii) remand the matter to the Board for further investigation and reconsideration, or (iii) overturn the Board’s recommendation and approve the application, by unanimous vote of the commissioners present at the meeting.

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