(A) A key gaming employee license may be suspended or revoked as set forth below:
(1) Non-compliance with Lottery Act, rules, regulations, policies, or directives. The director may suspend or revoke a key gaming employee license of a key gaming employee licensee who does not comply with the Lottery Act, all rules, terms and conditions, regulations, policies, orders and orders adopted, promulgated or issued by the commission or the director including but not limited to the following:
(a) Failure to pay a winning video lottery gaming participant money as required by commission rule, regulation, policy, or order; and
(b) Failure to adhere to all the terms and conditions as set forth in the key gaming employee license application, including any amendments or modifications thereto.
(2) The director may suspend or revoke a video lottery licensee if a key gaming employees, is convicted of any of the offenses set forth in section 3770:2-4-05(B)(1) of the Administrative Code.
(3) The director may suspend or revoke a key gaming employee licensee if, at any time after issuance of a video lottery license, the director determines that a key gaming employee no longer meets the requirements and standards for issuance of a key gaming employee license as set forth in the Lottery Act, commission rules, regulations, policies, and directives.
(B) Any suspension or revocation under this section may be in addition to or in lieu of the imposition of a fine under section 3770:2-3-07 of the Administrative Code.
(C) When required to do so by the Administrative Procedure Act, the director shall afford a hearing to a key gaming employee licensee affected by an order to suspend or revoke a video lottery license. Such hearings shall be conducted by the director or a hearing officer designated by the director and shall comply with the requirements for adjudication hearings set out in the Administrative Procedure Act. The requirement of the Administrative Procedure Act that adjudication hearings be afforded prior to a final decision by the director to suspend or revoke a key gaming employee license may be waived for reasons related to the public safety, convenience or trust which require immediate action. The director, however, must continue to comply with the requirements of the Administrative Procedure Act in affording the key gaming employee a subsequent opportunity for an adjudication hearing. Nothing contained herein shall require the director to afford the employer or potential employer of an applicant for a key gaming employee license a hearing or an opportunity to be heard on any decision relating specifically to a key gaming employee license.
(D) If a key gaming employee's license is revoked, a key gaming employee may reapply, but any subsequent application shall require submission of a new application which shall require a new review and payment of a separate application fee, and may only be submitted after any waiting period for reapplication, if any, established by the director, has expired.
Effective: 08/18/2009
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.03 and 3770.21