(A) The commission may discipline any licensee or applicant for any of the following:
(1) Violating or failing to meet any provision or requirement of Chapter 3772. of the Revised Code or any rules adopted thereunder;
(2) Engaging in any misrepresentation or material omission;
(3) Engaging in any fraudulent act;
(4) Failing to cooperate with the commission;
(5) Failing to comply with all terms and conditions of a settlement agreement or agreed order with the commission, and any subsequent amendments or modifications thereto; or
(6) Failing to comply with the terms and conditions of a commission order or resolution, and any subsequent amendments or modifications thereto.
(B) The commission shall have the authority to impose any discipline set forth in Chapter 3772. of the Revised Code and any rules adopted thereunder, including any of the following:
(1) Denial, non-renewal, revocation, suspension, conditioning or restriction of a license;
(2) Revocation, suspension or restriction of the casino gaming operations of a casino operator;
(3) A monetary fine;
(4) A monetary civil penalty; or
(5) Any other discipline imposed upon or agreed to by a licensee or applicant.
(C) Without in any manner limiting the authority of the commission to impose the level and type of discipline it may consider appropriate, the commission may take into consideration:
(1) The risk to the public and to the integrity of casino gaming in this state by the conduct of the licensee or applicant facing discipline;
(2) Any criteria or factor listed in Chapter 3772. of the Revised Code and any rules adopted thereunder; or
(3) Any other factors the commission may consider relevant.
(D) Any key employee or casino gaming employee licensee whose employment has been terminated is subject to revocation of his or her license for any act or failure to act that occurred while employed by the casino operator, management company or holding company licensee.
(E) The commission may impose a monetary civil penalty or fine and may consider the licensee's finances in determining the amount of the fine. If the alleged violation is the result of or results in the unlawful obtainment or retention of any money or property, the commission may, in addition to any other penalty or fine levied under Chapter 3772. of the Revised Code or any rules adopted thereunder, impose a civil penalty or fine in an amount equal to the money or value of the property that was unlawfully obtained or retained.
(F) The commission shall not be precluded from finding multiple violations within a day, if each violation is the result of separate and distinct acts.
Five Year Review (FYR) Dates: 10/19/2016 and 01/28/2022
Promulgated Under: 119.03
Statutory Authority: 3772.03, 3772.033, 3772.04
Rule Amplifies: 3772.03, 3772.033, 3772.04
Prior Effective Dates: 05/12/2012