reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart D - INVESTIGATING PROHIBITED CONDUCT › Section 1900.420 - Referral of Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receiving a report of prohibited
				conduct pursuant to Section 1900.410 that the Administrator or his or her
				designee deems reasonable, Board staff shall conduct a preliminary
				investigation.
b) After a
				preliminary investigation, if the Administrator or his or her designee
				concludes the allegations contained in the report are credible, the
				Administrator shall refer the allegations to the appropriate law enforcement
				agency.
c) Referrals under
				subsection (b)shall be as follows:
1) When the
				alleged conduct occurs entirely or primarily within the State of Illinois,
				referrals shall be made to the Office of the Attorney General or to any
				appropriate State's Attorney;
2)
				When the alleged conduct occurs entirely or primarily within a state other than
				the State of Illinois, referrals shall be made to the Attorney General of that
				state and to any sports wagering regulatory agency of that state, if
				applicable; or
3) When the alleged
				conduct implicates interstate commerce or other violation of federal law,
				referrals shall be made to the Federal Bureau of
				Investigation.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart E - LICENSING QUALIFICATIONS › Section 1900.500 - Coverage of Subpart

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall govern qualifications for all types of
				  licenses issued by the Board pursuant to the Act.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart E - LICENSING QUALIFICATIONS › Section 1900.510 - Suitability for Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The burden is upon each applicant to demonstrate suitability for
				licensure.
b) The Board shall not
				grant a license to any applicant if that person has been found by the Board to:
1) Have a background, including a criminal
				record, reputation, habits, social or business associations, or prior
				activities that:
A) Poses a threat to the
				public interests of the State or to the security and integrity of sports
				wagering;
B) Poses a threat to
				public health, safety, morals, good order and general welfare of the people of
				the State of Illinois; or
C)
				Discredits or tends to discredit the Illinois sports wagering industry or the
				State of Illinois.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart E - LICENSING QUALIFICATIONS › Section 1900.520 - Minimum Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) An applicant for a master sports wagering
				license, supplier license, management service provider license, or tier 2
				official league data supplier license is not eligible for the respective
				license if the applicant, any owner of the applicant, any key person of the
				applicant, or any employee who participates in the management of sports
				wagering operations authorized under the Act:
1) Has been convicted of a felony under the
				laws of this State, any other state, or the United States;
2) Has been convicted of any violation of
				Article 28 of the Criminal Code of 1961 or the Criminal Code of 2012 [720 ILCS
				5], or substantially similar laws of any other jurisdiction; or
3) Has submitted an application for a license
				under the Act, or any other documentation, to the Board that contains false
				information.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart E - LICENSING QUALIFICATIONS › Section 1900.530 - Identification and Requirements of Key Persons

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applicants and licensees shall disclose
				the identity of key persons. Key persons must be approved by the Board and
				maintain suitability as a key person of the licensee.
b) With respect to an applicant for, or the
				holder of, a master sports wagering license or management service provider
				license, key person shall include:
1) Any
				person with an ownership interest or voting rights of 5% or more in the
				licensee or applicant, and the trustee and beneficiaries of any trust holding
				the ownership interest or voting rights; and
2) The directors of the licensee or applicant
				and its Chief Executive Officer, Chief Operating Officer, and Chief Financial
				Officer, or their functional equivalents, and any managers of a limited
				liability company.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart F - ONLINE LICENSE COMPETITIVE BIDDING › Section 1900.600 - Coverage of Subpart

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall govern procedures for applying for a
				  master sports wagering license pursuant to Section 25-45 of the Act. When
				  Subpart F conflicts with Subpart G, Subpart F shall apply.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart F - ONLINE LICENSE COMPETITIVE BIDDING › Section 1900.610 - Forms and Submissions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Administrator shall promulgate an Online Master Sports Wagering License
				Application and Bid Summary Form and cause them to be posted to the Board's
				website.
b) During any application
				period, an applicant may submit a bid. A complete bid shall include, at
				minimum, the following:
1) A completed Online
				Master Sports Wagering License Application;
2) Business Entity Disclosure Forms or
				Individual Key Person Personal Disclosure Forms for all key persons;
3) Any and all documents required by Section
				1900.715 or Section 1900.720;
4) A
				completed Bid Summary Form;
5) A
				completed 5.1 Disclosure of Records statement containing all information
				responsive to Section 5.1(a) of the Illinois Gambling Act [230 ILCS 10];
				and
6) A notarized affirmation by
				the applicant that the applicant has conducted its own due diligence and
				investigation, and the applicant and all key persons meet the minimum
				qualifications of the Act and Section 1900.520.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart F - ONLINE LICENSE COMPETITIVE BIDDING › Section 1900.620 - Initial Competitive Selection

Current through Register Vol. 48, No. 28, July 12, 2024
a) The application period for the initial
				competitive selection pursuant to Section 25-45 of the Act shall commence upon
				the Administrator posting public notice of the application on the Board
				website, along with the Online Master Sports Wagering License Application and
				Bid Summary Form.
b) The
				Administrator shall post the notice and forms no later than 420 days after the
				first license of any kind is issued under the Act.
c) The application period shall last for 120
				days after the notice and forms are posted.
d) No bid shall be accepted after the close
				of the application period.
e)
				Incomplete Bids
1) If the Administrator
				determines a bid or application is incomplete, the Administrator shall notify
				the applicant in writing. The notice shall identify any deficiencies in the bid
				submission.
2) The applicant may
				supplement its bid submission to remedy any deficiencies. The supplement must
				be received no later than 30 days after notice is given to the applicant of the
				deficiencies.
3) If the
				Administrator determines the bid submission is still incomplete because the
				applicant failed to supplement its bid submission, or because the supplement
				did not remedy all deficiencies, the applicant shall be disqualified.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart F - ONLINE LICENSE COMPETITIVE BIDDING › Section 1900.630 - Supplementary Competitive Selection

Current through Register Vol. 48, No. 28, July 12, 2024
a) If, at any time after the initial
				competitive selection for issuance of master sports wagering licenses pursuant
				to Section 25-45 of the Act, there are fewer than three active master sports
				wagering licenses, the Administrator may commence a supplementary competitive
				selection.
b) To commence a
				supplementary competitive selection, the Administrator shall post public notice
				on the Board website.
c) The
				application period shall last for 120 days after the notice is
				posted.
d) The supplementary
				competitive selection shall otherwise comply with all other provisions of
				Section 1900.620.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.700 - Coverage of Subpart

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart governs procedures for applying for, renewing
				  and maintaining all types of licenses issued by the Board pursuant to the
				  Act.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.710 - Submission of Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applicants shall submit electronic copies of the application forms in the
				manner provided for in the instructions contained in the forms.
b) Application Forms
1) Master Sports Wagering License and
				Management Services Provider License
A) An
				applicant that holds or is a current applicant for an owners license or
				organization gaming license under the Illinois Gambling Act may submit a Master
				Sports Wagering/Management Services Provider License Application (Short Form).
				The applicant must also submit all required forms and documents referenced in
				the License Application (Short Form).
B) All other applicants for a master sports
				wagering license and management services provider license shall submit a Master
				Sports Wagering/Management Services Provider License Application, and must
				include Business Entity Disclosure Forms or Individual Key Person Personal
				Disclosure Forms for each of the applicant's key persons.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.715 - Disclosure of Ownership and Control

Current through Register Vol. 48, No. 28, July 12, 2024
a) As part of its application, each applicant
				for or holder of a master sports wagering, supplier, management services
				provider, or tier 2 official league data provider license shall provide to the
				Board and maintain on a current basis a Table of Organization, Ownership and
				Control. That table shall contain the information required by this Section, in
				sufficient detail to identify the hierarchy of individuals and business
				entities that, through direct or indirect means, manage, own or control the
				interests and assets of the applicant or license holder.
b) Direct Ownership or Control. The Table of
				Organization, Ownership and Control shall identify the following information
				concerning the direct management, ownership and control of the applicant or
				license holder:
1) The name and percentage of
				ownership of each individual or business entity with an ownership interest in
				the applicant or licensee. If the licensee or applicant is a business entity
				whose stock is traded publicly, the identification of ownership shall be
				provided as required in subsection (d);
2) A table of organization reflecting the
				management and governance structure of the licensee or applicant, including the
				name and office or position of each individual serving as an officer, director
				or member of an executive committee or similar governing body and identifying
				each managerial position and each managerial employee reporting directly to an
				officer of the company or its board of directors;
3) For each trust holding ownership interest,
				and for each voting trust, the name of the grantors, trustees and beneficiaries
				of the trust; and
4) For each
				business entity with an ownership interest, the name and position of each
				officer, director and all persons reporting to the chief executive officer or
				the board of directors of the business entity and, in the case of each
				privately held business entity, the names of all persons with an ownership
				interest.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.720 - Other Required Forms

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Institutional Investor Disclosure Form. Any business entity that meets the
				definition of an institutional investor and that would otherwise be required to
				submit a Business Entity Disclosure Form may instead submit the Institutional
				Investor Disclosure Form.
b) Trust
				Registration and Disclosure Form. Level 1 occupational licensees and key
				persons of any other applicant or licensee shall submit a Trust Registration
				and Disclosure Form for any trust that holds a direct or indirect interest in
				any gaming entity that is subject to regulation by a gaming jurisdiction for
				which they are a grantor, trustee or beneficiary, or for any other trust in
				which they have an interest, if so requested by the Board. These disclosures
				are material information for the purposes of Section
				1900.220(b).
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.730 - Licensing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applicants for licensure under the Act shall be subject to the following
				procedures prior to licensing:
1)
				Application;
2) Investigation of
				the applicant; and
3) Action of the
				Board.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.735 - Issuance of License

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Board may only issue a license after the background investigation is
				complete, the Board determines the applicant is suitable for licensure, and the
				applicant has paid the required initial license fee, if any.
b) Initial License Fees
1) For a master sports wagering license
				issued to an organization licensee under the Illinois Horse Racing Act of 1975
				[230 ILCS 5] prior to June 28, 2019, the initial license fee shall be equal to
				5% of its handle from the 2018 calendar year, or $2,341,976.20,
				whichever is greater, but not to exceed $10,000,000.
2) For a master sports wagering license
				issued to an organization licensee under the Illinois Horse Racing Act of 1975
				after June 28, 2019, the initial license fee due at licensure shall be
				$5,000,000 or 5% of its handle from its first 12 months of racing operations,
				whichever is greater, but not to exceed $10,000,000.
3) For a master sports wagering license
				issued to an owners licensee under the Illinois Gambling Act prior to June 28,
				2019, the initial license fee shall be equal to 5% of its adjusted gross
				receipts from the 2018 calendar year. No initial license fee shall exceed
				$10,000,000.
4) For a master sports
				wagering license issued to an owners licensee under the Illinois Gambling Act
				after June 28, 2019, the initial license fee shall be equal to $5,000,000 or 5%
				of its adjusted gross receipts from its first 12 months of gambling operations,
				whichever is greater, but not to exceed $10,000,000.
5) The initial license fee for a tier 2
				official league data provider license is payable to the Board 13 months after
				the date of initial licensure.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.740 - Renewal of Licenses

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Board may only renew a license upon receipt of any completed renewal forms
				required by the Board and the applicable renewal fee, except in the case of
				tier 2 official league data provider licenses. The renewal fee for a tier 2
				league data provider license shall be due 30 days after the date of
				renewal.
b) A license other than a
				tier 2 official league data provider license shall expire if the renewal fee is
				not received by the Board prior to the first regular Board meeting held in or
				after the month in which the license was issued. A tier 2 league data provider
				license shall expire if the renewal fee is not received by the Board within 30
				days after the first day of the month in which the license was issued,
				regardless of any Board action decision to otherwise renew the
				license.
c) The Board shall only
				renew a license if the licensee continues to meet all qualifications for
				licensure set forth in the Act and this Part.
d) Upon the expiration of an initial license,
				a license may be renewed for the following terms:
1) A master sports wagering or management
				services provider license may be renewed for a term of four years.
2) A tier 2 official league data provider
				license may be renewed for a term of three years.
3) A supplier or occupational license may be
				renewed for a term of one year.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.750 - Withdrawal of Applications and Surrender of Licenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Withdrawal of Applications
1) An applicant does not have a right to
				withdraw a submitted application.
2) An applicant may submit a request to
				withdraw an application to the Administrator.
3) A request to withdraw an application shall
				not be considered unless received by the Administrator prior to Board action on
				the application.
4) The
				Administrator shall deny a request to withdraw an application if he or she
				finds that doing so is in the best interests of the State or the Illinois
				sports wagering industry.
5) If the
				Administrator denies a request to withdraw an application, the applicant shall
				be notified in writing.
6) If the
				Administrator denies a request to withdraw an application, the Board shall not
				deny the pending application until at least 14 days after the request is
				denied.
7) An applicant whose
				request to withdraw has been denied by the Administrator may request leave of
				the Board to withdraw the application.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.755 - Sports Facility Designees

Current through Register Vol. 48, No. 28, July 12, 2024
A master sports wagering license under Section 25-40 of the
				  Act may be applied for and be issued in the name of a designee of a sports
				  facility. When a master sports wagering license is applied for or issued in the
				  name of a designee, the provisions of this Section apply.
a) Any rights a designee has to apply for or
				hold a master sports wagering license under Section 25-40 of the Act are
				exclusively based on a contract with the qualifying sports facility.
b) The owners of the respective sports
				facility shall be key persons of a designee for the purposes of any master
				sports wagering license issued under Section 25-40 of the Act.
c) A sports facility shall notify the Board
				of any termination of a designee relationship. Upon the effective date of the
				termination, the master sports wagering license shall immediately
				expire.
d) If a master sports
				wagering license in the name of a designee under Section 25-40 of the Act is
				denied, revoked, not renewed, or expires, the sports facility shall have a
				180-day period during which its owners or a newly named designee may apply for
				a master sports wagering license. If the 180-day period expires without a new
				application, or if the sports facility notifies the Board of its intent not to
				pursue a new license, the Administrator may begin a new application process
				under Section 25-40(c) of the Act.
e) When there is no designee, a master sports
				wagering license issued pursuant to Section 25-40 of the Act shall be issued in
				the name of the owner of the facility.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.760 - Transferability of Ownership Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) An ownership interest in an entity holding
				a master sports wagering license or a management services provider license may
				only be transferred with leave of the Board. An ownership interest in a
				business entity, other than a publicly traded corporation, that has an interest
				in an entity holding a master sports wagering license or a management services
				provider license may only be transferred with leave of the Board.
1) Any individual or entity filing an
				application for transfer of any ownership interest under this Section must
				submit a Business Entity Form or Personal Disclosure Form, as appropriate, and
				any other information specifically requested by the Board. All costs associated
				with Board investigation of the applicant for transfer will be borne by the
				licensee in which the transfer of ownership interest is being sought.
2) The Board shall determine suitability for
				transfer based on the same criteria as for a finding of suitability for
				licensure (see Section 1900.510 ).
3) If the Board denies the application for
				transfer, it shall issue the applicant a Notice of Denial. An applicant served
				with a Notice of Denial may request a hearing under Subpart H. If a hearing is
				not requested, the Notice of Denial becomes the final order of the Board
				denying the application for transfer.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.770 - Annual Updates

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				holder of a master sports wagering, management services provider, supplier, or
				tier 2 official league data provider license shall be required to submit an
				annual update to the Board during any year in which the license is not due to
				expire or be renewed.
b) Annual
				updates shall be electronically submitted, on forms and in a manner designated
				by the Administrator, no less than 90 days prior to the first day of the month
				in which the license was issued.
c)
				Annual updates shall include, at a minimum, the following information:
1) An updated organizational chart of the
				licensee showing parent and subsidiary entities in relation to the licensee,
				including a separate listing of all key persons of the licensee;
2) Key person and level 1 occupational
				licensee disclosure updates;
3) The
				most recent year-end financial statements, including the most recent Form 10K
				and 10Q filings with the SEC by the licensee and its parent company, if they
				are publicly held corporations;
4)
				A list of revenues derived from Illinois sports wagering operations during the
				previous licensing period, categorized according to date and
				licensee;
5) Any and all fees
				received from management agreements or consulting services with a holder of a
				master sports wagering license, and the basis for the calculation of fees
				received;
6) Any specific plans for
				changes in the financing, ownership or organization of the licensed
				entity;
7) Disclosure of any past
				or pending disciplinary action taken against the licensee or its affiliated
				entities in any other jurisdictions;
8) Disclosure of any past or pending material
				litigation involving the licensee, its parent corporation and subsidiaries, and
				any key person;
9) If applicable,
				any and all equipment, devices and supplies offered for sale or lease in
				connection with sports wagering authorized under the Act and this Part;
				and
10) An affidavit certifying the
				licensee is in compliance with required payment of all applicable federal and
				State taxes.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.780 - Recognition of Existing Board Licenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) An applicant for a supplier license under
				the Sports Wagering Act that holds a valid supplier license under the Illinois
				Gambling Act shall be granted a supplier license by the Board, providing the
				following requirements have been met:
1) The
				Administrator has deemed the application to be complete;
2) The applicant has updated its description
				of products or services provided; and
3) The applicant has paid its nonrefundable
				application fee.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.790 - Temporary Operating Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The Administrator may issue a temporary operating permit to
				  an applicant for a supplier, tier 2 official league data supplier, management
				  service provider, or master sports wagering license issued under Section 25-30
				  or 25-35 of the Act. The holder of a temporary operating permit may engage in
				  any activity in connection with sports wagering that would otherwise require
				  licensure under the Act.
a) To qualify
				for any temporary operating permit, an applicant must have:
1) Already submitted an application that has
				been deemed complete by the Administrator; and
2) Already paid any required application
				fee.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart G - LICENSING PROCEDURES › Section 1900.795 - Temporary Identification Badge

Current through Register Vol. 48, No. 28, July 12, 2024
The Administrator may issue a temporary identification badge
				  to an applicant for an occupational license. The holder of a temporary
				  identification badge may be employed in a designated gaming area or may perform
				  duties that would otherwise require an occupational license.
a) To qualify for a temporary identification
				badge, an applicant must have already submitted an application that has been
				deemed complete by the Administrator, including fingerprinting and a
				photograph.
b) In determining
				whether to grant a temporary identification badge, the Administrator shall
				consider any relevant factor, including but not limited to:
1) Facts that suggest an applicant may not be
				suitable for licensure under the Act and this Part; and
2) Any past or pending disciplinary action
				against the applicant in any jurisdiction.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart H - DENIALS OF APPLICATIONS › Section 1900.810 - Coverage of Subpart

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Subpart governs all hearings requested upon issuance of a Notice of Denial
				of Application for licensure. Hearings under this Subpart are de novo
				proceedings for the creation of a record regarding an applicant's suitability
				for licensure. A hearing under this Subpart is not an appeal of Board
				action.
b) Section
				1900.110(b)
				is not applicable to any requests under this Subpart.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart H - DENIALS OF APPLICATIONS › Section 1900.815 - Requests for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				the Board finds that an applicant is not suitable for licensure, it shall issue
				the applicant a Notice of Denial.
b) The Board shall serve notice on the
				applicant by e-mail pursuant to Section 1900.160, personal service, or
				certified U.S. Mail to the last known address of the applicant. Service is
				complete upon transmission of the e-mail, date of personal service, or four
				days after mailing.
c) Should an
				applicant wish to contest the action the Board has taken regarding his or her
				application, the applicant must submit a request for hearing to the
				Board.
d) All requests for hearing
				shall be in writing. If a request for hearing is mailed, it shall include an
				original and one copy. The request shall contain the following:
1) The name, current address and current
				telephone number of the petitioner (the applicant);
2) Detailed reasons why, and the facts upon
				which the petitioner will rely to show that, the petitioner is suitable for
				licensure, including specific responses to any facts enumerated in the Board's
				Notice of Denial;
3) A signature of
				the petitioner;
4) A verification
				of the petition in the following form:
"The undersigned certifies that the statements set forth in
				  this request are true and correct, except as to matters therein stated to be on
				  information and belief and as to such matters the undersigned certifies as
				  aforesaid that he/she verily believes the same to be true."; and
5) The request must be
				notarized.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart H - DENIALS OF APPLICATIONS › Section 1900.820 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
a) All petitioners
				may be represented by an attorney who is licensed to practice in Illinois. All
				attorneys who appear in a representative capacity on behalf of a petitioner
				must file a written appearance setting forth:
1) The name, address, telephone number, and
				e-mail address of the attorney;
2)
				The name and address of the petitioner the attorney represents; and
3) An affirmative statement that the attorney
				is licensed to practice in Illinois.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart H - DENIALS OF APPLICATIONS › Section 1900.825 - Appointment of Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chairman of the Board may provide for
				or appoint an attorney admitted to the practice of law by, and in good standing
				with, the Illinois Supreme Court as an Administrative Law Judge (ALJ) to
				conduct a hearing in accordance with this Subpart. If designated, the
				Administrator may provide for the appointment of an ALJ to conduct a hearing in
				accordance with this Subpart. The petitioner will be copied on the letter of
				appointment and the letter will serve as notice of the pendency of the hearing.
				The ALJ shall establish a status date and notify the parties of that
				date.
b) If the petitioner believes
				the ALJ is biased or has a conflict of interest, the petitioner may file with
				the Board a motion to disqualify the ALJ from conducting the hearing. The
				motion must be in writing, accompanied by an affidavit signed and dated by the
				petitioner setting forth the specific grounds for disqualification. The
				petitioner shall serve a copy of the motion on the ALJ. Prior adverse rulings
				against the petitioner or its attorney in other matters shall not, in and of
				themselves, constitute grounds for disqualification. On satisfactory evidence
				submitted by the petitioner in support of the motion to disqualify, the Board
				shall remove the ALJ and provide for the reassignment of the case to another
				ALJ to continue the hearing. Any ALJ may voluntarily disqualify himself or
				herself upon determining that bias or conflict of interest exists. Grounds for
				disqualification of an ALJ shall include but not be limited to:
1) Financial interest or pecuniary benefit
				derived from the gaming industry;
2) Personal friendship with any of the
				parties, witnesses or attorneys involved;
3) Past representation of any of the parties
				or witnesses involved; or
4)
				Demonstrable pre-disposition on the issues.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart H - DENIALS OF APPLICATIONS › Section 1900.830 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon written
				request served on the opposing party, a party shall be entitled to:
1) The name and address of any witness who
				may be reasonably expected to testify on behalf of the opposing
				party;
2) All documents or other
				materials in the possession or control of the opposing party that the opposing
				party reasonably expects will be necessary to introduce into evidence. Each
				party's burden of production includes those documents the party reasonably
				expects to introduce into evidence either in its case-in-chief or in rebuttal.
				To the extent that they are not immediately identifiable, rebuttal documents
				shall be tendered to the opposing party within 14 days after receipt of
				documents tendered to that party unless additional time is granted by the
				ALJ.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart H - DENIALS OF APPLICATIONS › Section 1900.835 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subpoenas for
				the attendance of witnesses at hearing may be served by the petitioner only
				upon application to the ALJ.
1) The
				petitioner must show good cause, state the testimony to be elicited from a
				witness, state why the evidence to which the testimony relates cannot otherwise
				be obtained, and state the reasons why the testimony is necessary and
				relevant.
2) An agent or employee
				of the Board may not be required by the petitioner to appear except under the
				procedures provided in this Section.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart H - DENIALS OF APPLICATIONS › Section 1900.840 - Motions for Summary Judgment

Current through Register Vol. 48, No. 28, July 12, 2024
The ALJ may recommend the granting or denying summary
				  judgment upon the filing of an appropriate motion by any party. A
				  recommendation to deny summary judgment shall not be considered by the Board
				  until the completion of the proceedings pursuant to Section
				  1900.850.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart H - DENIALS OF APPLICATIONS › Section 1900.850 - Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) All testimony
				shall be given under oath or affirmation.
b) Both parties may present opening
				statements. Petitioner shall proceed first.
c) Petitioner shall then present petitioner's
				case-in-chief.
d) The burden of
				proof is at all times on petitioner. Petitioner shall have the affirmative
				responsibility of establishing by clear and convincing evidence that Petitioner
				is suitable for licensure.
e) Upon
				the conclusion of petitioner's case-in-chief, the Board may move for a directed
				finding. The ALJ may hear arguments on the motion or may grant, deny or reserve
				decision, without argument.
f) If
				no motion for directed finding is made, or if the motion is denied or decision
				reserved, the Board may present its case.
g) Each party may conduct cross-examination
				of adverse witnesses.
h) Upon the
				conclusion of the Board's case, petitioner may present evidence in
				rebuttal.
i) If petitioner presents
				rebuttal evidence, the Board may present additional, non-cumulative, evidence
				in surrebuttal.
j) Both parties may
				present closing arguments. Petitioner proceeds first, then the Board, and then
				the Petitioner may present rebuttal argument.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart H - DENIALS OF APPLICATIONS › Section 1900.860 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) The hearing need
				not be conducted according to the technical rules of evidence. Any relevant
				evidence may be admitted and shall be sufficient in itself to support a finding
				if it is the sort of evidence on which responsible persons are accustomed to
				rely in the conduct of serious affairs, regardless of the existence of any
				common law or statute that might make improper the admission of evidence over
				objection in a civil action. Hearsay may support a finding of the ALJ if it has
				sufficient indicia of trustworthiness and reliability and is of the type
				reasonably and customarily relied on in the regular course of business.
1) Official Board records or certified copies
				of the records shall be admissible into evidence if the records tend to prove
				or disprove an allegation contained in the complaint.
2) Official Board records are documents
				either prepared by or provided to the Board for the purpose of conducting its
				regular business.
3) The Board
				shall have an opportunity to investigate and verify information Petitioner
				intends to offer in support of his case. Petitioner shall fully cooperate with
				any such investigation or verification of Petitioner's information by the
				Board. Petitioner shall not introduce into evidence any information that the
				Board has not been afforded the opportunity to investigate and
				verify.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart H - DENIALS OF APPLICATIONS › Section 1900.870 - Prohibition on Ex Parte Communication

Current through Register Vol. 48, No. 28, July 12, 2024
A party or its representative shall not communicate directly
				  or indirectly with the ALJ or a member of the Board regarding any pending
				  matter under this Subpart, except upon notice to and opportunity for all
				  parties to participate. This prohibition does not include communication by the
				  Board with its staff in the ordinary course of business.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart H - DENIALS OF APPLICATIONS › Section 1900.880 - Sanctions and Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The ALJ may impose sanctions and penalties if the ALJ finds that a party has
				acted in bad faith, for the purpose of delay, or has otherwise abused the
				hearing process. Sanctions and penalties include, but are not limited to,
				default judgment or directed finding on one or more issues.
b) If Petitioner, or an owner or key person
				of Petitioner, fails to testify on his or her own behalf with respect to any
				question propounded, the ALJ may infer that the testimony or answer would have
				been adverse to Petitioner's case.
c) Failure of Petitioner to appear at a
				hearing or scheduled proceeding shall constitute an admission of all matters
				and facts contained in the Notice of Denial. In those cases the ALJ may take
				action based upon that admission or upon any other evidence, including
				affidavits, without any further notice to the petitioner.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart H - DENIALS OF APPLICATIONS › Section 1900.890 - Transmittal of Record and Recommendation to the Board

Current through Register Vol. 48, No. 28, July 12, 2024
a) The record shall consist of the following:
1) The Notice of Denial, the Request for
				Hearing and all motions and rulings on the Notice or Request;
2) All evidence received;
3) A statement of matters officially
				noticed;
4) Offers of proof,
				objections and rulings; and
5) The
				recommendation, any findings of fact, and any conclusions of law made by the
				ALJ.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart H - DENIALS OF APPLICATIONS › Section 1900.895 - Status of Applicant for Licensure Upon Filing Request for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant who has been denied a license and who has
				  requested a hearing under this Subpart shall be considered an applicant for
				  purposes of compliance with applicable statutory provisions and this Part until
				  a final Board order is issued.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart I - DISCIPLINARY PROCEEDINGS › Section 1900.910 - Coverage of Subpart

Current through Register Vol. 48, No. 28, July 12, 2024
The rules contained in this Subpart shall govern all
				  disciplinary actions against licensees or key persons including, but not
				  limited to, fines or suspension and revocation of a license. For purposes of
				  this Subpart, "disciplinary actions" shall include orders of economic
				  disassociation under Section 1900.320.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart I - DISCIPLINARY PROCEEDINGS › Section 1900.915 - Notice of Proposed Disciplinary Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) When notified of facts sufficient to
				support disciplinary action against a licensee or key person, the Administrator
				shall notify the Board and the respondent licensee or key person of the
				proposed disciplinary action. The notice will include the following:
1) A statement of the facts supporting the
				proposed disciplinary action;
2) A
				description of the rule or statutory Section the respondent has
				violated;
3) A statement or
				description of the matters asserted and the consequences of the failure to
				respond; and
4) The mailing address
				and e-mail address of the Board.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart I - DISCIPLINARY PROCEEDINGS › Section 1900.920 - Hearings in Disciplinary Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Should a respondent wish to contest the
				proposed disciplinary action, the licensee must submit a response to the notice
				of proposed disciplinary action described in Section 1900.915 to the
				Administrator.
b) All responses
				shall be in writing. The response shall contain the following:
1) The name, current address and current
				telephone number of the licensee;
2) A clear and concise statement admitting or
				denying each of the factual allegations set forth in the notice of proposed
				disciplinary action, with each admission or denial being shown in separately
				numbered paragraphs corresponding to the separately numbered paragraphs in the
				notice of proposed disciplinary action;
3) For all factual allegations that the
				licensee denies, a clear and concise statement of facts upon which the licensee
				relies or will rely on at a hearing;
4) A signature of the licensee;
5) A verification of the licensee in the
				following form:
"The undersigned certifies that the statements set forth in
				  this request are true and correct, except as to matters therein stated to be on
				  information and belief and as to such matters the undersigned certifies as
				  aforesaid that he or she verily believes the same to be true."; and
6) The response must be
				notarized.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart I - DISCIPLINARY PROCEEDINGS › Section 1900.925 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
a) All respondents
				may be represented by an attorney who is licensed to practice in Illinois. All
				attorneys who appear in a representative capacity on behalf of a respondent
				must file a written appearance setting forth:
1) The name, address, telephone number, and
				e-mail address of the attorney;
2)
				The name and address of the respondent the attorney represents; and
3) An affirmative statement that the attorney
				is licensed to practice in Illinois.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1900 - SPORTS WAGERING › Subpart I - DISCIPLINARY PROCEEDINGS › Section 1900.930 - Appointment of Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chairman of the Board may provide for
				or appoint an attorney admitted to the practice of law by, and in good standing
				with, the Illinois Supreme Court as an ALJ to conduct a hearing in accordance
				with this Subpart. If designated, the Administrator may provide for the
				appointment of an ALJ to conduct a hearing in accordance with this Subpart. The
				respondent will be copied on the letter of appointment and the letter will
				serve as notice of the pendency of the hearing. The ALJ shall establish a
				status date and notify the parties of that date.
b) If the respondent believes the ALJ is
				biased or has a conflict of interest, the respondent may file with the Board a
				motion to disqualify the ALJ from conducting the hearing. The motion must be in
				writing, accompanied by an affidavit signed and dated by the respondent setting
				forth the specific grounds for disqualification. The respondent shall serve a
				copy of the motion on the ALJ. Prior adverse rulings against the respondent or
				its attorney in other matters shall not, in and of themselves, constitute
				grounds for disqualification. On satisfactory evidence submitted by the
				respondent in support of the motion to disqualify, the Board shall remove the
				ALJ and provide for the reassignment of the case to another ALJ to continue the
				hearing. Any ALJ may voluntarily disqualify himself or herself upon determining
				that bias or conflict of interest exists. Grounds for disqualification of ALJ
				shall include but not be limited to:
1)
				Financial interest or pecuniary benefit derived from the gaming
				industry;
2) Personal friendship
				with any of the parties, witnesses or attorneys involved;
3) Past representation of any of the parties
				or witnesses involved; or
4)
				Demonstrable pre-disposition on the issues.