California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 10 - Discipline, Hearings, and Decisions › Section 12554 - Formal Hearing Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				the filing with the Commission of an accusation by the Bureau recommending
				revocation, suspension, or other discipline of a holder of a license,
				registration, permit, finding of suitability, or approval, the Commission will
				proceed under Chapter 5 (commencing with section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code.
(b)
				In the event that the Bureau cannot present the accusation, the Commission may
				request outside counsel or representation by another state agency or may
				adequately segregate one or more Commission staff members from the
				Commissioners and Commission legal unit to present the accusation.
(c) The Administrative Law Judge and
				Commission will base their decisions on written findings of fact, including
				findings concerning any relevant aggravating or mitigating factors. Findings of
				fact will be based upon a preponderance of the evidence standard. The
				"preponderance of the evidence standard" is such evidence as when considered
				and compared with that opposed to it, has more convincing force, and produces a
				belief in the mind of the fact-finder that what is sought to be proved is more
				likely true than not true.
(d) Upon
				a finding of a violation of the Act, any regulations adopted pursuant thereto,
				any law related to gambling or gambling establishments, violation of a
				previously imposed disciplinary or license condition, or laws whose violation
				is materially related to suitability for a license, registration, permit, or
				approval, the Commission may do any one or more of the following:
(1) Revoke the license, registration, permit,
				finding of suitability, or approval;
(2) Suspend the license, registration, or
				permit;
(3) Order the licensing
				authority of a city, county, or city and county, to revoke a local work permit,
				pursuant to Business and Professions Code section
				19914,
				subdivision (a),
(4) Impose any
				condition, limitation, order, or directive (including but not limited to a
				directive to divest an interest in a business entity pursuant to Business and
				Professions Code, section
				19879);
(5) Impose any fine or monetary penalty
				consistent with Business and Professions Code sections
				19930,
				subdivision (c), and 19943, subdivision (b);
(6) Stay, in whole or in part, the imposition
				of a revocation or suspension against the holder of a license, registration,
				work permit, finding of suitability, or approval, or
(7) Order the holder to pay a monetary
				penalty in lieu of all or a portion of a suspension. Within the guidelines of
				Business and Professions Code sections
				19930,
				subdivision (c), and 19943, subdivision (b):
(A) If the respondent is a cardroom business
				licensee, the monetary penalty will be equivalent of fifty percent of the
				average daily gross gaming revenue, but not less than $300, for the number of
				days for which the suspension is stayed.
(B) If the respondent is an owner of a
				third-party provider of proposition player services and the violation did not
				involve a fraudulent, expired, borrowed, or stolen badge, and did not involve a
				non-registered or non-licensed employee of the owner, the monetary penalty
				shall be the sum of $500 plus the total of $100 multiplied by the maximum
				number of tables for which proposition player services have been contracted at
				the gambling establishment where the violation was charged, which sum shall be
				multiplied by the number of days for which the suspension is stayed.
(C) If the respondent is a TPPPS owner type
				licensee and the violation involved a fraudulent, expired, borrowed, or stolen
				badge, or involved a non-registered or non-licensed employee of the TPPPS owner
				type licensee, the monetary penalty will be the sum of $500 plus the total of
				$300 multiplied by the maximum number of tables for which proposition player
				services have been contracted at the gambling establishment where the violation
				was charged, which sum will be multiplied by the number of calendar-days for
				which the suspension is stayed.
(D)
				If the respondent is a key employee licensee or TPPPS supervisor licensee, the
				monetary penalty will be $100 per day for the number of calendar-days for which
				the suspension is stayed.
(E) If
				the respondent is a holder of a work permit or TPPPS worker license, or a
				person not otherwise described above, the monetary penalty will be $50 per day
				for the number of calendar-days for which the suspension is
				stayed.