(A) As determined by the director, the commission may impose monetary fines upon a key gaming employee who does not comply with the Lottery Act, all rules, regulations, terms and conditions, policies, orders and directives adopted, promulgated or issued by the commission or the director which may include but not be limited to a determination that a key gaming employee has failed to comply with or violated any provisions set forth in section 3770:2-4-06(A)(1) to (3) of the Administrative Code.
(B) Any fines under this section may be in addition to or in lieu of a suspension or revocation under section 3770:2-4-06 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 impose a fine. 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 impose a fine 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.
Effective: 08/18/2009
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.03 and 3770.21