Title 9 Part 4830

Proceedings to revoke a license issued pursuant to the Bingo Licensing Law may be instituted either by the municipal governing body or by the commission, on the initiative of either or on complaint of any person, including any public official or agency.

Proceedings to suspend or revoke a license issued pursuant to the Bingo Control 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.

Proceedings to revoke a license shall be brought by informing the licensee in writing of the grounds thereof and the date and place set for hearing thereon.

The municipal governing body or the 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 the bingo games or to be sent by registered or 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 municipal governing body or the 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 so appear will result in a determination by the municipal governing body or the commission by default.

Any person seeking immunity who is called to appear before the commission to answer questions or produce evidence at a hearing, inquiry or investigation, shall make written application therefor to the chairman not less than three days prior to such person’s scheduled appearance before the commission.

The commission by any two members thereof or a duly designated hearing officer or the municipal governing body may, at any time during the course of a hearing, inquiry or investigation, suspend any license issued pursuant to the Bingo 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 municipal governing body or the 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 10 days after suspension.

The municipal governing body or the commission may forthwith suspend the operation of any licensed bingo game pending hearing, in which case the hearing must be held within 10 days after such suspension.

All hearings on suspension and revocation of licenses held by the commission shall be open to the public.

When the suspension or revocation proceedings 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 such municipal governing decision. The licensee and the commission shall be notified immediately in writing of the decision and, in the event of a suspension or revocation, the effective date thereof.

When suspension or revocation proceedings are begun before the commission it shall dispose of the proceeding 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 or revocation, the effective date thereof.

Any person, firm, corporation or organization licensed pursuant to the Bingo Control Law or the Bingo Licensing Law that has had its license or identification number revoked shall appear at a hearing before whichever authority revoked the license at the time of making application for a new license or identification number, or for reinstatement of either or both.

Hearings before the commission shall be conducted by the chair, 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 Bingo Control Law, the Bingo Licensing Law and this Chapter. At the conclusion of the hearings conducted by a hearing officer, the hearing officer shall make findings as to whether the evidence sustained the charges or any of them, preferred against the licensee, shall designate which charges the hearing officer has found sustained by the evidence and shall, at such hearing officer’s option, 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 it.

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 Bingo Licensing Law, the Bingo Control Law, the ordinances or local laws or this Chapter, or any of these, such as would warrant the 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 its subsidiary organizations, its parent organization or those otherwise affiliated with the violator, when in the opinion of the governing body or the commission, the circumstances of the violation warrant such action.

When a license is suspended or revoked the licensee shall surrender its license to the 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.

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.

The commission, by its chairman or by any two members thereof or a duly designated hearing officer, may at any time during the course of a hearing, inquiry or investigation, suspend any identification number issued pursuant to the Executive Law, without hearing if, in its judgment, the continuance of the identification number is contrary to law, rules, regulations or inimical to the public interest. Upon suspension, the commission shall forthwith inform the registrant in writing of the grounds thereof and the date and place set for the hearing thereon, said hearing to be held within 10 days after suspension.