§ 41-9.1-19 License, permit andregistration as revocable privilege – Rights, limitations and prohibitions– Revocation and suspension – Penalties for violation. – (a) A license, permit or registration issued under this chapter is a revocableprivilege granted by the state dependent upon the holder's compliance with thischapter and rules promulgated hereunder and is not a property right. Granting alicense, permit or registration under this chapter does not create or vest anyright, title, franchise or other property interest. Any casino license orgaming supplier permit is exclusive to the holder, and a holder or any otherperson shall apply for and receive the state lottery division's approval beforea casino license or gaming supplier permit is transferred, sold or purchased,or before a voting trust agreement or other similar agreement is establishedwith respect to such. A holder of a casino license or gaming supplier permit,or any other person, shall not lease, pledge, or borrow, or loan money againstsuch license or permit. The attempted transfer, sale or other conveyance of aninterest in a casino license or gaming supplier permit without prior statelottery division approval is grounds for suspension or revocation of thelicense or permit, or other sanctions considered appropriate by the statelottery division. In the event of any transfer, sale or other conveyance of acasino license or gaming supplier permit, including those ordered by a court ofcompetent jurisdiction in connection with a bankruptcy, receivership or otherlike proceeding, the state lottery division shall have the right to approve anyproposed transferee pursuant to the requirements of this chapter. Any costsassociated with a transfer, sale or other conveyance of a casino license orgaming supplier permit shall be borne by the transferee.
(b) The state lottery division may upon its own motion, andshall upon the verified complaint, in writing, of any person initiating a causeunder this chapter, ascertain the facts and, if warranted, hold a hearing forthe nonrenewal, suspension or revocation of a license, permit or registration.The state lottery division shall have the power to suspend or revoke a license,permit or registration or place a holder on probation where the license permitor registration has been obtained by false representation or by fraudulent actor conduct or where a holder violates any of the provisions of this chapter.
(c) In addition to the nonrenewal, revocation or suspensionof a license, permit or registration, the state lottery division is authorizedto levy an administrative penalty not exceeding the greater of:
(1) Five hundred thousand dollars ($500,000); or
(2) Two hundred percent (200%) of the amount unreported orunderreported for any violation of the reporting requirements of this chapterand/or the rules and regulations promulgated by the state lottery division. Forviolations of the chapter and/or the rules promulgated by the state lotterydivision other than reporting requirements, the state lottery division may levyadministrative penalties of up to five thousand dollars ($5,000) againstindividuals and up to ten thousand dollars ($10,000) or an amount equal to thedaily gross receipts on the date of the violation, whichever is greater,against casino licensees for each such violation.
(d) Except as provided in subsection (e), before refusing torenew, suspending or revoking a license, permit or registration on its ownmotion, the state lottery division shall, in writing, notify the holder of itsintended action and the grounds for the action. The holder may, within twenty(20) days, file with the state lottery division, in triplicate, a request for ahearing stating his or her answer to the grounds specified in the notification.The state lottery division shall consider the answer and set a date for ahearing, notifying the holder of the date at least twenty (20) days prior tothe hearing date.
(2) Before refusing to renew, suspending or revoking anexisting license, permit or registration upon the verified written complaint ofany person stating a violation of this chapter, the state lottery divisionshall, in writing, notify the holder of its receipt of the complaint, enclosinga copy of the complaint. The holder shall, within twenty (20) days, file withthe state lottery division, in quadruplicate his or her answer to thecomplainant or complainants.
(3) The state lottery division shall transmit a copy of theanswer to the complainant or complainants with the scheduled date, time andplace for hearing at least twenty (20) days prior to the hearing date.
(4) All notices and answers required or authorized to be madeor filed under this section may be served or filed personally, or by certifiedmail to the last known business address of the addressee. If served personally,the time runs from the date of service; if by registered mail, from thepostmarked date of the letter enclosing the document.
(5) Hearings are subject to chapter 46 of title 42, entitled"open meetings", and the holder has an opportunity to be heard in person or bycounsel. The state lottery division shall render a decision on any applicationor complaint within sixty (60) days after the final hearing on the matter andshall immediately notify the parties to the proceedings, in writing, of itsruling, order or decision. In the event the matter contained in the complainthas been filed or made part of a case pending in any court of this state, thestate lottery division may then withhold its decision until the court actionhas been concluded. Hearings are held in accordance with rules promulgated bythe state lottery division in conformity with state and federal law.
(e) The state lottery division may suspend a license, permitor registration, without notice or hearing, upon a determination that thesafety or health of patrons or employees is jeopardized. If the state lotterydivision suspends a license, permit or registration under this subsectionwithout notice or hearing, a prompt post-suspension hearing shall be held inaccordance with subsection (d) to determine if the suspension should remain ineffect. The suspension may remain in effect until the state lottery divisiondetermines that the cause for suspension has been abated. The state lotterydivision may revoke the license, permit or registration upon a determinationthat the holder has not made satisfactory progress toward abating the hazard.
(f) The state lottery division is authorized and empowered toissue subpoenas for the attendance of witnesses and the production of recordsor documents. The process issued by the state lottery division may extend toall parts of the state, and the process may be served by any person designatedby the state lottery division. The person serving that process shall receiveany compensation that is allowed by the state lottery division, not to exceedthe fee prescribed by law for similar services. All witnesses subpoenaed whoappear in any proceedings before the state lottery division shall receive thesame fees and mileage allowances allowed by law, and all those fees andallowances are taxed as part of the costs of the proceedings.
(2) Where, in any proceeding before the state lotterydivision, any witness fails or refuses to attend upon subpoena issued by thestate lottery division, or refuses to testify, or refuses to produce anyrecords or documents the production of which is called for by the subpoena, theattendance of the witness and the giving of his or her testimony and theproduction of the documents and records shall be enforced by any court ofcompetent jurisdiction of this state in the same manner as are enforced theattendance, testimony of witnesses and production of records in civil cases inthe courts of this state.
(g) The procedures of the administrative procedures act,chapter 35 of title 42, and all amendments and modifications to that act andthe rules adopted pursuant to the act, apply to and govern all proceedings forthe judicial review of final administrative decisions of the state lotterydivision. Any party aggrieved by a final administrative decision of the statelottery division may seek review of that decision in the superior court of thecounty of his or her residence if a natural person, or the county in which theaggrieved party maintains a place of business, if other than a natural person.
(h) Any person aggrieved has the right of appeal from anyadverse ruling, order or decision of the state lottery division to a court ofcompetent jurisdiction in the county where the hearing was held within thirty(30) days from the service of notice of the action of the state lotterydivision upon the parties to the hearing.
(i) Notice of appeal is filed in the office of the clerk ofthe court, which shall issue a writ of certiorari directed to the state lotterydivision, commanding it, within fifteen (15) days after service of the writ, tocertify to the court its entire record in the matter in which the appeal hasbeen taken. The appeal shall be heard in due course, by the court, which shallreview the record and, after a hearing on the matter, make its determination ofthe cause.
(j) A final administrative decision of the state lotterydivision shall not become effective until time for appeal has expired. If anappeal is taken, it shall not act as a stay of decision unless the court sodirects.
(k) In the event of a suspension or revocation of a license,permit or registration, the state lottery division may take such action as isnecessary to continue the daily operation of the casino until the reinstatementof the license, permit or registration in the case of a suspension, or theapproval of a replacement license, permit or registration in accordance withthe approval process contained in this chapter in the case of a revocation.
§ 41-9.1-19 License, permit andregistration as revocable privilege – Rights, limitations and prohibitions– Revocation and suspension – Penalties for violation. – (a) A license, permit or registration issued under this chapter is a revocableprivilege granted by the state dependent upon the holder's compliance with thischapter and rules promulgated hereunder and is not a property right. Granting alicense, permit or registration under this chapter does not create or vest anyright, title, franchise or other property interest. Any casino license orgaming supplier permit is exclusive to the holder, and a holder or any otherperson shall apply for and receive the state lottery division's approval beforea casino license or gaming supplier permit is transferred, sold or purchased,or before a voting trust agreement or other similar agreement is establishedwith respect to such. A holder of a casino license or gaming supplier permit,or any other person, shall not lease, pledge, or borrow, or loan money againstsuch license or permit. The attempted transfer, sale or other conveyance of aninterest in a casino license or gaming supplier permit without prior statelottery division approval is grounds for suspension or revocation of thelicense or permit, or other sanctions considered appropriate by the statelottery division. In the event of any transfer, sale or other conveyance of acasino license or gaming supplier permit, including those ordered by a court ofcompetent jurisdiction in connection with a bankruptcy, receivership or otherlike proceeding, the state lottery division shall have the right to approve anyproposed transferee pursuant to the requirements of this chapter. Any costsassociated with a transfer, sale or other conveyance of a casino license orgaming supplier permit shall be borne by the transferee.
(b) The state lottery division may upon its own motion, andshall upon the verified complaint, in writing, of any person initiating a causeunder this chapter, ascertain the facts and, if warranted, hold a hearing forthe nonrenewal, suspension or revocation of a license, permit or registration.The state lottery division shall have the power to suspend or revoke a license,permit or registration or place a holder on probation where the license permitor registration has been obtained by false representation or by fraudulent actor conduct or where a holder violates any of the provisions of this chapter.
(c) In addition to the nonrenewal, revocation or suspensionof a license, permit or registration, the state lottery division is authorizedto levy an administrative penalty not exceeding the greater of:
(1) Five hundred thousand dollars ($500,000); or
(2) Two hundred percent (200%) of the amount unreported orunderreported for any violation of the reporting requirements of this chapterand/or the rules and regulations promulgated by the state lottery division. Forviolations of the chapter and/or the rules promulgated by the state lotterydivision other than reporting requirements, the state lottery division may levyadministrative penalties of up to five thousand dollars ($5,000) againstindividuals and up to ten thousand dollars ($10,000) or an amount equal to thedaily gross receipts on the date of the violation, whichever is greater,against casino licensees for each such violation.
(d) Except as provided in subsection (e), before refusing torenew, suspending or revoking a license, permit or registration on its ownmotion, the state lottery division shall, in writing, notify the holder of itsintended action and the grounds for the action. The holder may, within twenty(20) days, file with the state lottery division, in triplicate, a request for ahearing stating his or her answer to the grounds specified in the notification.The state lottery division shall consider the answer and set a date for ahearing, notifying the holder of the date at least twenty (20) days prior tothe hearing date.
(2) Before refusing to renew, suspending or revoking anexisting license, permit or registration upon the verified written complaint ofany person stating a violation of this chapter, the state lottery divisionshall, in writing, notify the holder of its receipt of the complaint, enclosinga copy of the complaint. The holder shall, within twenty (20) days, file withthe state lottery division, in quadruplicate his or her answer to thecomplainant or complainants.
(3) The state lottery division shall transmit a copy of theanswer to the complainant or complainants with the scheduled date, time andplace for hearing at least twenty (20) days prior to the hearing date.
(4) All notices and answers required or authorized to be madeor filed under this section may be served or filed personally, or by certifiedmail to the last known business address of the addressee. If served personally,the time runs from the date of service; if by registered mail, from thepostmarked date of the letter enclosing the document.
(5) Hearings are subject to chapter 46 of title 42, entitled"open meetings", and the holder has an opportunity to be heard in person or bycounsel. The state lottery division shall render a decision on any applicationor complaint within sixty (60) days after the final hearing on the matter andshall immediately notify the parties to the proceedings, in writing, of itsruling, order or decision. In the event the matter contained in the complainthas been filed or made part of a case pending in any court of this state, thestate lottery division may then withhold its decision until the court actionhas been concluded. Hearings are held in accordance with rules promulgated bythe state lottery division in conformity with state and federal law.
(e) The state lottery division may suspend a license, permitor registration, without notice or hearing, upon a determination that thesafety or health of patrons or employees is jeopardized. If the state lotterydivision suspends a license, permit or registration under this subsectionwithout notice or hearing, a prompt post-suspension hearing shall be held inaccordance with subsection (d) to determine if the suspension should remain ineffect. The suspension may remain in effect until the state lottery divisiondetermines that the cause for suspension has been abated. The state lotterydivision may revoke the license, permit or registration upon a determinationthat the holder has not made satisfactory progress toward abating the hazard.
(f) The state lottery division is authorized and empowered toissue subpoenas for the attendance of witnesses and the production of recordsor documents. The process issued by the state lottery division may extend toall parts of the state, and the process may be served by any person designatedby the state lottery division. The person serving that process shall receiveany compensation that is allowed by the state lottery division, not to exceedthe fee prescribed by law for similar services. All witnesses subpoenaed whoappear in any proceedings before the state lottery division shall receive thesame fees and mileage allowances allowed by law, and all those fees andallowances are taxed as part of the costs of the proceedings.
(2) Where, in any proceeding before the state lotterydivision, any witness fails or refuses to attend upon subpoena issued by thestate lottery division, or refuses to testify, or refuses to produce anyrecords or documents the production of which is called for by the subpoena, theattendance of the witness and the giving of his or her testimony and theproduction of the documents and records shall be enforced by any court ofcompetent jurisdiction of this state in the same manner as are enforced theattendance, testimony of witnesses and production of records in civil cases inthe courts of this state.
(g) The procedures of the administrative procedures act,chapter 35 of title 42, and all amendments and modifications to that act andthe rules adopted pursuant to the act, apply to and govern all proceedings forthe judicial review of final administrative decisions of the state lotterydivision. Any party aggrieved by a final administrative decision of the statelottery division may seek review of that decision in the superior court of thecounty of his or her residence if a natural person, or the county in which theaggrieved party maintains a place of business, if other than a natural person.
(h) Any person aggrieved has the right of appeal from anyadverse ruling, order or decision of the state lottery division to a court ofcompetent jurisdiction in the county where the hearing was held within thirty(30) days from the service of notice of the action of the state lotterydivision upon the parties to the hearing.
(i) Notice of appeal is filed in the office of the clerk ofthe court, which shall issue a writ of certiorari directed to the state lotterydivision, commanding it, within fifteen (15) days after service of the writ, tocertify to the court its entire record in the matter in which the appeal hasbeen taken. The appeal shall be heard in due course, by the court, which shallreview the record and, after a hearing on the matter, make its determination ofthe cause.
(j) A final administrative decision of the state lotterydivision shall not become effective until time for appeal has expired. If anappeal is taken, it shall not act as a stay of decision unless the court sodirects.
(k) In the event of a suspension or revocation of a license,permit or registration, the state lottery division may take such action as isnecessary to continue the daily operation of the casino until the reinstatementof the license, permit or registration in the case of a suspension, or theapproval of a replacement license, permit or registration in accordance withthe approval process contained in this chapter in the case of a revocation.
§ 41-9.1-19 License, permit andregistration as revocable privilege – Rights, limitations and prohibitions– Revocation and suspension – Penalties for violation. – (a) A license, permit or registration issued under this chapter is a revocableprivilege granted by the state dependent upon the holder's compliance with thischapter and rules promulgated hereunder and is not a property right. Granting alicense, permit or registration under this chapter does not create or vest anyright, title, franchise or other property interest. Any casino license orgaming supplier permit is exclusive to the holder, and a holder or any otherperson shall apply for and receive the state lottery division's approval beforea casino license or gaming supplier permit is transferred, sold or purchased,or before a voting trust agreement or other similar agreement is establishedwith respect to such. A holder of a casino license or gaming supplier permit,or any other person, shall not lease, pledge, or borrow, or loan money againstsuch license or permit. The attempted transfer, sale or other conveyance of aninterest in a casino license or gaming supplier permit without prior statelottery division approval is grounds for suspension or revocation of thelicense or permit, or other sanctions considered appropriate by the statelottery division. In the event of any transfer, sale or other conveyance of acasino license or gaming supplier permit, including those ordered by a court ofcompetent jurisdiction in connection with a bankruptcy, receivership or otherlike proceeding, the state lottery division shall have the right to approve anyproposed transferee pursuant to the requirements of this chapter. Any costsassociated with a transfer, sale or other conveyance of a casino license orgaming supplier permit shall be borne by the transferee.
(b) The state lottery division may upon its own motion, andshall upon the verified complaint, in writing, of any person initiating a causeunder this chapter, ascertain the facts and, if warranted, hold a hearing forthe nonrenewal, suspension or revocation of a license, permit or registration.The state lottery division shall have the power to suspend or revoke a license,permit or registration or place a holder on probation where the license permitor registration has been obtained by false representation or by fraudulent actor conduct or where a holder violates any of the provisions of this chapter.
(c) In addition to the nonrenewal, revocation or suspensionof a license, permit or registration, the state lottery division is authorizedto levy an administrative penalty not exceeding the greater of:
(1) Five hundred thousand dollars ($500,000); or
(2) Two hundred percent (200%) of the amount unreported orunderreported for any violation of the reporting requirements of this chapterand/or the rules and regulations promulgated by the state lottery division. Forviolations of the chapter and/or the rules promulgated by the state lotterydivision other than reporting requirements, the state lottery division may levyadministrative penalties of up to five thousand dollars ($5,000) againstindividuals and up to ten thousand dollars ($10,000) or an amount equal to thedaily gross receipts on the date of the violation, whichever is greater,against casino licensees for each such violation.
(d) Except as provided in subsection (e), before refusing torenew, suspending or revoking a license, permit or registration on its ownmotion, the state lottery division shall, in writing, notify the holder of itsintended action and the grounds for the action. The holder may, within twenty(20) days, file with the state lottery division, in triplicate, a request for ahearing stating his or her answer to the grounds specified in the notification.The state lottery division shall consider the answer and set a date for ahearing, notifying the holder of the date at least twenty (20) days prior tothe hearing date.
(2) Before refusing to renew, suspending or revoking anexisting license, permit or registration upon the verified written complaint ofany person stating a violation of this chapter, the state lottery divisionshall, in writing, notify the holder of its receipt of the complaint, enclosinga copy of the complaint. The holder shall, within twenty (20) days, file withthe state lottery division, in quadruplicate his or her answer to thecomplainant or complainants.
(3) The state lottery division shall transmit a copy of theanswer to the complainant or complainants with the scheduled date, time andplace for hearing at least twenty (20) days prior to the hearing date.
(4) All notices and answers required or authorized to be madeor filed under this section may be served or filed personally, or by certifiedmail to the last known business address of the addressee. If served personally,the time runs from the date of service; if by registered mail, from thepostmarked date of the letter enclosing the document.
(5) Hearings are subject to chapter 46 of title 42, entitled"open meetings", and the holder has an opportunity to be heard in person or bycounsel. The state lottery division shall render a decision on any applicationor complaint within sixty (60) days after the final hearing on the matter andshall immediately notify the parties to the proceedings, in writing, of itsruling, order or decision. In the event the matter contained in the complainthas been filed or made part of a case pending in any court of this state, thestate lottery division may then withhold its decision until the court actionhas been concluded. Hearings are held in accordance with rules promulgated bythe state lottery division in conformity with state and federal law.
(e) The state lottery division may suspend a license, permitor registration, without notice or hearing, upon a determination that thesafety or health of patrons or employees is jeopardized. If the state lotterydivision suspends a license, permit or registration under this subsectionwithout notice or hearing, a prompt post-suspension hearing shall be held inaccordance with subsection (d) to determine if the suspension should remain ineffect. The suspension may remain in effect until the state lottery divisiondetermines that the cause for suspension has been abated. The state lotterydivision may revoke the license, permit or registration upon a determinationthat the holder has not made satisfactory progress toward abating the hazard.
(f) The state lottery division is authorized and empowered toissue subpoenas for the attendance of witnesses and the production of recordsor documents. The process issued by the state lottery division may extend toall parts of the state, and the process may be served by any person designatedby the state lottery division. The person serving that process shall receiveany compensation that is allowed by the state lottery division, not to exceedthe fee prescribed by law for similar services. All witnesses subpoenaed whoappear in any proceedings before the state lottery division shall receive thesame fees and mileage allowances allowed by law, and all those fees andallowances are taxed as part of the costs of the proceedings.
(2) Where, in any proceeding before the state lotterydivision, any witness fails or refuses to attend upon subpoena issued by thestate lottery division, or refuses to testify, or refuses to produce anyrecords or documents the production of which is called for by the subpoena, theattendance of the witness and the giving of his or her testimony and theproduction of the documents and records shall be enforced by any court ofcompetent jurisdiction of this state in the same manner as are enforced theattendance, testimony of witnesses and production of records in civil cases inthe courts of this state.
(g) The procedures of the administrative procedures act,chapter 35 of title 42, and all amendments and modifications to that act andthe rules adopted pursuant to the act, apply to and govern all proceedings forthe judicial review of final administrative decisions of the state lotterydivision. Any party aggrieved by a final administrative decision of the statelottery division may seek review of that decision in the superior court of thecounty of his or her residence if a natural person, or the county in which theaggrieved party maintains a place of business, if other than a natural person.
(h) Any person aggrieved has the right of appeal from anyadverse ruling, order or decision of the state lottery division to a court ofcompetent jurisdiction in the county where the hearing was held within thirty(30) days from the service of notice of the action of the state lotterydivision upon the parties to the hearing.
(i) Notice of appeal is filed in the office of the clerk ofthe court, which shall issue a writ of certiorari directed to the state lotterydivision, commanding it, within fifteen (15) days after service of the writ, tocertify to the court its entire record in the matter in which the appeal hasbeen taken. The appeal shall be heard in due course, by the court, which shallreview the record and, after a hearing on the matter, make its determination ofthe cause.
(j) A final administrative decision of the state lotterydivision shall not become effective until time for appeal has expired. If anappeal is taken, it shall not act as a stay of decision unless the court sodirects.
(k) In the event of a suspension or revocation of a license,permit or registration, the state lottery division may take such action as isnecessary to continue the daily operation of the casino until the reinstatementof the license, permit or registration in the case of a suspension, or theapproval of a replacement license, permit or registration in accordance withthe approval process contained in this chapter in the case of a revocation.
