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