Chapter 109:1-6 | Enforcement Actions

Rule 109:1-6-01 | Procedures allowing the attorney general to seek a summary suspension of a license.

• Effective: December 23, 2021
• Promulgated Under: 119.03

(A) The attorney general may issue a summary suspension of any license issued under Chapter 2915. of the Revised Code without a prior hearing if the attorney general has good cause to believe that the person, licensed organization, licensed distributor, or licensed manufacturer, or any of the employees, officers, directors, agents, representatives, or partners, has violated Chapter 2915. of the Revised Code or a rule adopted under thereunder.

(B) In such cases, notice of the attorney general's order may be sent to the licensed organization, licensed manufacturer, or licensed distributor by registered mail, return receipt requested, not later than the business day next succeeding such order. The notice shall state the reasons for the attorney general's action, cite the law or rule directly involved, and state that the licensed organization, licensed manufacturer, or licensed distributor will be afforded a hearing if the licensed organization, licensed manufacturer, or licensed distributor requests it within thirty days of the time of mailing the notice. A copy of the notice shall be mailed to attorneys or other representatives of record representing the licensed organization.

(C) Whenever a licensed organization, licensed manufacturer, or licensed distributor requests a hearing in accordance with this section and section 119.06 of the Revised Code, the attorney general shall immediately set the date, time, and place for the hearing and notify the licensed organization, licensed manufacturer, or licensed distributor. The date set for the hearing shall be within fifteen days, but not earlier than seven days, after the party has requested a hearing, unless otherwise agreed to by both the attorney general and the licensed organization, licensed manufacturer, or licensed distributor.

(D) Notice under this rule will be provided as outlined in section 119.07 of the Revised Code.

(E) The attorney general shall send notice of such summary suspension in writing to the prosecuting attorney and sheriff of the county in which the licensee is located or where the violation occurred and to any other law enforcement agency that so requests.

Last updated December 23, 2021 at 6:32 AM

Supplemental Information

Authorized By: 2915.08(F), 2915.081(G), 2915.082(H)
Amplifies: 2915.08(D), 2915.081, 2915.082(F), 2915.08(J)
Five Year Review Date: 12/23/2026

Rule 109:1-6-02 | Types of sanctions.

• Effective: December 23, 2021
• Promulgated Under: 119.03

(A) The attorney general shall have the authority to impose any sanction set forth in Chapter 2915. 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 or endorsement;

(2) Revocation, suspension, or restriction of the conduct or participation in the conduct of bingo in this state;

(3) A monetary fine;

(4) The forfeiture of an electronic instant bingo device;

(5) Limits on the number of electronic instant bingo devices permitted;

(6) Limits on the people conducting bingo, instant bingo, and electronic instant bingo;

(7) Restrictions on future licenses or endorsements issued under section 2915 of the Revised Code;

(8) Any other sanction imposed upon or agreed to by a manufacturer, distributor, licensee, charitable organization, or other person.

(B) The attorney general shall not be precluded from finding multiple violations within a day, if each violation is the result of separate and distinct acts.

Last updated December 23, 2021 at 6:32 AM

Supplemental Information

Authorized By: 2915.08(F), 2915.081(G), 2915.082(H)
Amplifies: 2915.08(D), 2915.081, 2915.082(F)
Five Year Review Date: 12/23/2026

Rule 109:1-6-03 | Civil fines for charitable organizations, manufacturers, and distributors.

• Effective: December 23, 2021
• Promulgated Under: 119.03

(A) After notice and opportunity for hearing pursuant to Chapter 119. of the Revised Code, a fine may be assessed on a licensed organization, licensed distributor, or licensed manufacturer and shall be paid by the licensed organization, licensed distributor, or licensed manufacturer within thirty days of receipt of notice of the fine from the attorney general.

(B) Without in any manner limiting the authority of the attorney general to impose the type and level of sanction it may consider appropriate, the attorney general may take into consideration:

(1) The risk to the public and to the integrity of charitable bingo in this state by the conduct of the licensed organization, licensed distributor, or licensed manufacturer;

(2) Any criteria or factor listed in Chapter 2915. of the Revised Code and any rules adopted thereunder;

(3) Whether the licensed organization, licensed distributor, or licensed manufacturer engaged in any misrepresentation or material omission;

(4) Whether the licensed organization, licensed distributor, or licensed manufacturer engaged in any fraudulent act;

(5) Whether the licensed organization, licensed distributor, or licensed manufacturer failed to cooperate with the attorney general;

(6) Whether the licensed organization, licensed distributor, or licensed manufacturer failed to comply with all terms and conditions of a settlement agreement or agreed order with the attorney general, and any subsequent amendments or modifications thereto;

(7) Whether the licensed organization, licensed distributor, or licensed manufacturer or any person involved with the licensed organization, licensed distributor, or licensed manufacturer has had a license related to gambling revoked or suspended under the laws of this state, another state, or the United States; or

(8) Any other factors the attorney general may consider relevant.

(C) The attorney general may consider the licensed organization's, licensed distributor's, or licensed manufacturer'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 attorney general may, in addition to any other penalty or fine levied under Chapter 2915. of the Revised Code or any rules adopted thereunder, impose a fine in an amount equal to the money or value of the property that was unlawfully obtained or retained.

Last updated December 23, 2021 at 6:32 AM

Supplemental Information

Authorized By: 2915.082(G), 2915.082(H)
Amplifies: 2915.08(D), 2915.081, 2915.082(F)
Five Year Review Date: 12/23/2026