Title 9 Part 4626

Proceedings to fine, suspend or revoke a license issued pursuant to the Games of Chance Licensing Law may be instituted either by the clerk, department or the commission, on its own initiative or on complaint of any person, including any public official or agency.

Proceedings to suspend or revoke an identification number issued pursuant to the Games of Chance Licensing Law may be instituted by the commission, on the commission’s own initiative or on complaint of any person, including any public official or agency.

Notice of proceedings to suspend or revoke a license or levy a fine shall be in writing to the licensee informing it of the grounds thereof and the date and place set for hearing thereon.

The clerk, department or commission, as the case may be, shall cause the notice of hearing to be served personally upon an officer of the licensee or a member in charge of games of chance, or to be sent by certified mail to the licensee at the address shown in the registration or application for license. Notices of hearing shall be mailed or served personally not less than five days prior to the date set forth in said notice for the holding of said hearing, unless the commission, in the commission’s discretion, shall shorten the time fixed herein.

Any person who would be aggrieved by the determination of the clerk, department or commission may appear and be heard in person or by duly appointed representative, and may produce, under oath, evidence relevant and material to the charges preferred. A duly authorized representative of the licensee must appear in person on the date set forth in the notice of hearing and on all adjourned dates. The failure of the licensee to appear will result in a determination by the clerk, department or commission by default.

The commission, by any four members thereof or a duly designated hearing officer, or the clerk, department or officer, may, at any time during the course of a hearing, inquiry or investigation, suspend any license issued pursuant to the Games of Chance Licensing Law, without hearing, if, in the commission’s judgment, the continuance of the licensed activity is contrary to law or inimical to the public interest. Upon suspension, the clerk, department or commission shall forthwith inform the licensee in writing of the grounds thereof and the date and place set for hearing thereon, said hearing to be held within a reasonable time after suspension.

All hearings on suspension and revocation of licenses or identification numbers or imposition of fines, held by the commission, shall be open to the public.

When proceedings respecting the suspension or revocation of licenses or imposition of fines are begun before the municipal governing body that issued the license, such municipal governing body shall hear the matter and make written findings in support of its decision. The licensee and the commission shall be notified immediately in writing of the decision and, in the event of a suspension, revocation or imposition of fine, the effective date thereof.

When proceedings respecting the suspension or revocation of licenses or identification numbers or imposition of fines are begun before the commission, it shall dispose of the proceedings in the same manner as in the case of an appeal from a determination or action of the municipal governing body. Both the licensee and the governing body issuing the license shall be notified immediately in writing of the decision and, in the event of a suspension, revocation or fine, the effective date thereof.

Any person, firm, corporation or organization, licensed pursuant to the Games of Chance Licensing Law that has had its license or identification number revoked shall appear at a hearing before whichever authority revoked the license or identification number at the time of making application for a new license or identification number, or for reinstatement of either or both. Application shall be made for reinstatement of the identification number prior to making application for a games of chance license.

An accurate stenographic record shall be kept of the testimony of all witnesses. A copy of any testimony given by a witness shall be made available to such witness or any other person having a legitimate interest in such testimony upon application to the commission and at the expense of the applicant.

Upon the finding of a violation of the Games of Chance Licensing Law, the ordinances or local laws or this Subchapter, or any of these, such as would warrant a fine, suspension or revocation of a license or an identification number, the municipal governing body or the commission, whichever made such finding, may declare the violator ineligible to apply for a license under said laws for a period not exceeding 12 months thereafter. Such declaration of ineligibility may be extended to include, in addition to the violator, any of such violator’s subsidiary organizations, such violator’s parent organization or those otherwise affiliated with such violator when, in the opinion of the municipal governing body or the commission, the circumstances of the violation warrant such action.

When a license is suspended or revoked, the licensee shall surrender such licensee’s license to the municipal governing body or the commission, whichever revoked or suspended the same, on or before the effective date of the suspension or revocation. No license shall be valid beyond the effective date of the suspension or revocation of such license.

At the request of any party to a hearing, and for good cause shown, the commission shall issue subpoenas for the attendance of witnesses and the production of books, records and other documents.

Hearings before the commission shall be conducted by the chairman, another member of the commission, or a duly designated hearing officer. The person conducting the hearings shall rule upon matters of procedure and the introduction of evidence, and shall otherwise conduct the hearing in such manner as to preserve fundamental concepts of fairness and to effectuate the purposes and provisions of the Games of Chance Licensing Law and this Subchapter. At the conclusion of the hearing, the hearing officer shall make findings as to whether the evidence sustained the charges or any of them, shall designate which charges the hearing officer has found sustained by the evidence, and may recommend to the commission the action to be taken against the licensee. The stenographic record of the hearing shall be referred, together with the hearing officer's findings and recommendation, if any, for consideration by the commission at a meeting duly held by the commission.