(A) As determined by the director, monetary fines may be imposed upon a video lottery sales agent 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 may not be limited to a determination that a video lottery sales agent has failed to comply with or violated any provisions set forth in paragraphs (A)(1) to (A)(3) of rule 3770:2-3-05 of the Administrative Code.
(B) Any fines under this section may be in addition to or in lieu of a suspension or revocation under rule 3770:2-3-05 of the Administrative Code.
(C) The director may establish a schedule of fines that may be imposed pursuant to the authority set forth herein. Said schedule, and any amendments or revisions thereto, shall be approved by the director and made available to video lottery sales agents prior to imposition of monetary fines thereunder. Nothing contained on a fine schedule established by the director for video lottery sales agents shall mandate imposition of a fine, but in the event that fines are imposed, the video lottery sales agent fine schedule in effect at the time of the event leading to a determination that a fine shall be imposed, shall be applicable.
(D) When required to do so by the Administrative Procedure Act, the director shall afford a hearing to a video lottery sales agent affected by an order imposing a fine. Such hearings shall be conducted by the director or a hearing examiner designated by the director and shall comply with 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 video lottery license may be waived under circumstances such as non-payment of funds owed by a video lottery sales agent, or for reasons related to the public safety, convenience or trust which require immediate action. Further, as necessary for reasons related to public safety, convenience or trust which require immediate action, the director may order the immediate and indefinite disabling of all or a portion of the video lottery operations and/or removal of video lottery equipment at a video lottery sales agent's video lottery facility. The director, however, must continue to comply with the requirements of the Administrative Procedure Act in affording the video lottery sales agent a subsequent opportunity for an adjudication hearing.
Five Year Review (FYR) Dates:
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01, 3770.02, 3770.03 , 3770.06, 3770.21
Prior Effective Dates: 10/28/2010