Connecticut Administrative Code › Title 12 - Taxation › 562 - Administrative Procedures › Rules of Practice › Article III - Appeals to Gaming Policy Board › Section 12-562-46a - Appeals under sections 12-574 (i) and 12-574 (j)

Current through July 10, 2024
(a)
General
. These rules set
				  forth the procedure to be followed in the disposition of appeals to the board
				  from final decisions of the division pursuant to Sections
				  12-574(i) and
				  (j) and
				  12-568a
				  of the general statutes, Chapter 229a, Section 5(g) of the Mashantucket Pequot
				  Gaming Procedures and Section 5(g) of the Mohegan Tribe and State of
				  Connecticut Tribal-State Compact.
(b)
Time limit for appeal
.
				  Appeals to the board under this section may be made by an applicant for a
				  license or licensee aggrieved by a final decision of the executive director.
				  Any such appeal shall be in writing and made within fifteen days of the date
				  notice was mailed of the final decision to be appealed.
(c)
Form of appeal
. All appeals
				  shall conform to the general provisions of Sections
				  12-562-1a
				  through
				  12-562-19a,
				  inclusive, of the Regulations of Connecticut State Agencies and shall set forth
				  clearly and concisely the basis of appeal together with all pertinent documents
				  or exhibits attached thereto.
(d)
Stay of execution
. The filing of an appeal does not of itself stay
				  enforcement of the division's decision. Upon application the division may
				  grant, or the board may order, a stay upon appropriate terms.
(e)
Submission of record;
				  procedure
. If the board shall find that the appeal conforms to the
				  requirements of Sections
				  12-562-1a
				  through
				  12-562-19a,
				  inclusive, of the Regulations of Connecticut State Agencies, oral arguments on
				  the merits of the appeal shall be scheduled by the board. Prior to oral
				  argument, the executive director shall certify and submit to the board and the
				  appellant the record in the division proceeding. The record so certified shall
				  consist of those items specified in Section
				  12-562-35a
				  of the Regulations of Connecticut State Agencies. Oral argument may be waived
				  by the appellant and the appeal determined by the board on the basis of
				  memoranda or briefs.
(f)
Additional evidence
. If before the date set for oral argument it
				  is shown to the satisfaction of the board that the presentation of additional
				  evidence is material and that there were good reasons for failure to present it
				  in the proceedings before the division, the board may permit the additional
				  evidence to be taken before the division which may thereafter modify its
				  decision.
(g)
Scope of
				  appeal
. The appeals made to the board under this section shall be
				  confined to the record made at the division proceeding, however proof may be
				  taken of alleged procedural irregularities before the division not shown in the
				  record. The board shall not substitute its judgment for that of the division as
				  to the weight of the evidence on questions of fact. The board may affirm,
				  modify, remand, or reverse the division's decision if substantial rights of the
				  appellant have been prejudiced because of the division's findings, inferences,
				  or conclusions, or if the division's decision is:
(1) in violation of constitutional or
				  statutory provisions;
(2)  in excess
				  of the statutory authority of the division;
(3) made upon unlawful procedure;
(4) affected by other error of
				  law;
(5) clearly erroneous in view
				  of the reliable, probative, and substantial evidence on the whole record;
				  or
(6) arbitrary or capricious or
				  characterized by abuse of discretion or clearly unwarranted exercise of
				  discretion.