18.2-340.18 - Powers and duties of the Department.
§ 18.2-340.18. Powers and duties of the Department.
The Department shall have all powers and duties necessary to carry out theprovisions of this article and to exercise the control of charitable gamingas set forth in § 18.2-340.15. Such powers and duties shall include but notbe limited to the following:
1. The Department is vested with jurisdiction and supervision over allcharitable gaming authorized under the provisions of this article andincluding all persons that conduct or provide goods, services or premisesused in the conduct of charitable gaming. It may employ such persons as arenecessary to ensure that charitable gaming is conducted in conformity withthe provisions of this article and the regulations of the Board. TheDepartment shall designate such agents and employees as it deems necessaryand appropriate who shall be sworn to enforce the provisions of this articleand the criminal laws of the Commonwealth and who shall be law-enforcementofficers as defined in § 9.1-101.
2. The Department, its agents and employees and any law-enforcement officerscharged with the enforcement of charitable gaming laws shall have free accessto the offices, facilities or any other place of business of anyorganization, including any premises devoted in whole or in part to theconduct of charitable gaming. These individuals may enter such places orpremises for the purpose of carrying out any duty imposed by this article,securing records required to be maintained by an organization, investigatingcomplaints, or conducting audits.
3. The Department may compel the production of any books, documents, records,or memoranda of any organizations or supplier involved in the conduct ofcharitable gaming for the purpose of satisfying itself that this article andits regulations are strictly complied with. In addition, the Department mayrequire the production of an annual balance sheet and operating statement ofany person granted a permit pursuant to the provisions of this article andmay require the production of any contract to which such person is or may bea party.
4. The Department may issue subpoenas for the attendance of witnesses beforeit, administer oaths, and compel production of records or other documents andtestimony of such witnesses whenever, in the judgment of the Department, itis necessary to do so for the effectual discharge of its duties.
5. The Department may compel any person conducting charitable gaming to filewith the Department such documents, information or data as shall appear tothe Department to be necessary for the performance of its duties.
6. The Department may enter into arrangements with any governmental agency ofthis or any other state or any locality in the Commonwealth or any agency ofthe federal government for the purposes of exchanging information orperforming any other act to better ensure the proper conduct of charitablegaming.
7. The Department may issue interim certification of tax-exempt status andcollect a fee therefor in accordance with subsection B of § 18.2-340.24.
8. The Department shall report annually to the Governor and the GeneralAssembly, which report shall include a financial statement of the operationof the Department and any recommendations for legislation applicable tocharitable gaming in the Commonwealth.
9. The Department, its agents and employees may conduct such audits, inaddition to those required by § 18.2-340.31, as they deem necessary anddesirable.
10. The Department may limit the number of organizations for which a personmay manage, operate or conduct charitable games.
11. The Department may report any alleged criminal violation of this articleto the appropriate attorney for the Commonwealth for appropriate action.
(1995, c. 837; 1997, cc. 777, 838; 2003, c. 884; 2006, c. 644.)