reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart C - STANDARDS OF CONDUCT FOR LICENSEES › Section 1800.330 - Economic Disassociation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each applicant or licensee shall provide a
				means for the economic disassociation of any person who, with respect to that
				applicant or licensee, is a Person With Significant Influence or Control, a
				holder of an Ownership Interest, or any licensed sales agent and broker, in the
				event the economic disassociation is required by an order of the
				Board.
b) Based upon findings from
				an investigation into the character, reputation, experience, associations,
				business probity, and financial integrity of a Person With Significant
				Influence or Control, a holder of an Ownership Interest, or any licensed sales
				agent and broker, the Board may enter an order upon a licensee to require the
				economic disassociation of that person. A person whose economic disassociation
				has been ordered may contest the order under the provisions of Subpart G. A
				violation of an order of economic disassociation may result in a complaint
				against the licensee under Subpart G. Any hearing relating to an order of
				economic disassociation shall be a hearing on the merits of the Board's
				determination that economic disassociation is warranted. The licensee shall be
				considered the party to the hearing.
c) The Board may enter an order of economic
				disassociation under this Section under any criteria for denial of license set
				forth in Section 9 of the Illinois Gambling Act [230 ILCS 10 ]
				or Section 45 of the Video Gaming Act.
d) If an order of economic disassociation is
				contested under subsection (b) of this Section, all payments owed to or in
				connection with the subject person shall be suspended until the Board issues
				its final Board order.
e) If the
				final Board order under subsection (d) results in economic disassociation, no
				further payments may be made to the disassociated person other than fair market
				value consideration for a loss of ownership interest.
f) If the final Board order under subsection
				(d) does not result in economic disassociation, then any payments suspended
				pursuant to subsection (d) of this Section may be paid.
g) No licensee shall engage in any economic
				association with any person who has been subject to any final Board order of
				economic disassociation.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart C - STANDARDS OF CONDUCT FOR LICENSEES › Section 1800.340 - Change in Ownership of Terminal Operators and Assets Held by Terminal Operators

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Notwithstanding any other Subpart, any ownership interest in a licensed
				terminal operator may only be transferred with leave of the Board. Any
				ownership interest in a business entity, other than a publicly traded
				corporation that has an interest in a licensed terminal operator may only be
				transferred with leave of the Board.
1) Any
				person, other than a licensed terminal operator, seeking to acquire less than a
				100% ownership interest in a licensed terminal operator must complete either a
				Business Entity or Personal Disclosure Form, whichever is applicable, and
				provide any other information specifically requested by the Board, including,
				but not limited to:
A) the reason for
				acquisition of ownership interest; and
B) disclosure of other ownership
				interests.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart C - STANDARDS OF CONDUCT FOR LICENSEES › Section 1800.350 - Inducements

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of Board action, the following criteria
				  regarding the provision of goods and services shall apply.
a) For the purposes of this Section:
1) "Terminal operator" means any licensed
				terminal operator, applicant for a terminal operator license, affiliated
				entities of the terminal operator, its owners, employees, agents, other persons
				of significant influence or control, or any immediate family members of such
				persons, or any third party, including sales agents, acting on behalf of or to
				the benefit of the terminal operator.
2) "Video gaming location" means any licensed
				video gaming location as defined in Section
				1800.110, any
				applicant to become a licensed video gaming location, any person who the
				terminal operator has reason to believe may apply to become a licensed video
				gaming location, and including the video gaming location's owners, employees,
				agents, persons of significant influence or control, or their immediate family
				members.
3) "Immediate family"
				means spouse (other than a spouse who is legally separated from the individual
				under a decree of divorce or separate maintenance), parents, grandparents,
				siblings, children and grandchildren, step-children, whether by blood,
				marriage, or adoption.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart C - STANDARDS OF CONDUCT FOR LICENSEES › Section 1800.360 - Terminal Operator Record Retention

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each licensed terminal operator shall
				maintain, in a place secure from theft, loss or destruction, adequate records
				of business operations that shall be made available to the Board upon request.
				These records shall be held for at least as long as prescribed by the Records
				Retention Schedule periodically published by the Administrator, or longer if
				otherwise prescribed by general accounting and auditing procedures, litigation
				needs, or State or federal law. These records shall be maintained in a manner
				accessible to the Board or in a digital format prescribed by the
				Administrator.
b) Each licensed
				terminal operator, in such manner and for such time period as the Administrator
				may approve or require, shall keep accurate, complete and legible records of
				any books, records or documents pertaining to, prepared in, or maintained by a
				licensed terminal operator, regardless of physical form, characteristics, or
				subject matter, including, but not limited to, all forms, reports, accounting
				records, ledgers, subsidiary records, computer maintained and generated data,
				internal audit records, copies of all promotional material, and advertising,
				correspondence and personnel records.
c) All records shall be organized and indexed
				in a manner that provides prompt accessibility by agents of the Board upon
				request as soon as reasonably possible.
d) No original book, record or document
				required to be maintained by this Section may be destroyed by a licensee prior
				to the scheduled retention date without prior approval of the
				Administrator.
e) The Administrator
				shall publish and periodically update the Retention Schedule.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart D - LICENSING QUALIFICATIONS › Section 1800.410 - Coverage of Subpart

Current through Register Vol. 48, No. 28, July 12, 2024
The rules contained in 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 1800 - VIDEO GAMING (GENERAL) › Subpart D - LICENSING QUALIFICATIONS › Section 1800.420 - Qualifications for Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				In addition to the qualifications required in the Act, the Board may not grant
				any video gaming license until the Board is satisfied that the applicant has
				disclosed all persons with significant influence or control over the applicant
				or licensee and is:
1) A person of good
				character, honesty and integrity;
2) A person whose background, including
				criminal record, reputation and associations, is not injurious to the public
				health, safety, morals, good order and general welfare of the people of the
				State of Illinois;
3) A person
				whose background, including criminal record, reputation and associations, does
				not discredit or tend to discredit the Illinois gaming industry or the State of
				Illinois;
4) A person whose
				background, including criminal record, reputation, habits, social or business
				associations does not adversely affect public confidence and trust in gaming or
				pose a threat to the public interests of the State or to the security and
				integrity of video gaming;
5) A
				person who does not create or enhance the dangers of unsuitable, unfair or
				illegal practices, methods and activities in the conduct of video
				gaming;
6) A person who does not
				present questionable business practices and financial arrangements incidental
				to the conduct of video gaming activities or otherwise;
7) A person who, either individually or
				through employees, demonstrates business ability and experience to establish,
				operate and maintain a business for the type of license for which application
				is made;
8) A person who does not
				associate with, either socially or in business affairs, or employ persons of
				notorious or unsavory reputation or who have extensive police records, or who
				have failed to cooperate with any officially constituted investigatory or
				administrative body; and
9) A
				person who has not had a gaming license revoked in any other
				jurisdiction.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart D - LICENSING QUALIFICATIONS › Section 1800.430 - Persons with Significant Influence or Control

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Administrator shall identify each
				person that holds a position or level of influence over or control in each
				applicant or licensee that is significant to the regulatory concerns and
				obligations of the Board for the specified applicant or licensee.
b) Each person identified as a person with
				significant influence or control shall comply with the following:
1) Cooperate fully with any investigation
				conducted by or on behalf of the Board;
2) Comply with the Act and this Part;
				and
3) Submit initial and annual
				disclosure information on forms provided by the Board.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart D - LICENSING QUALIFICATIONS › Section 1800.440 - Undue Economic Concentration

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to considering all other
				requirements under the Act and this Part, the Board shall consider, in deciding
				whether to issue or renew a terminal operator license, whether the issuance or
				renewal will result in undue economic concentration. No terminal operator
				license shall be issued or renewed if the Board determines that the issuance or
				renewal will result in undue economic concentration in the direct or indirect
				ownership, control or operation of video gaming terminals in
				Illinois.
b) For purposes of this
				Section, "undue economic concentration" means that an individual or entity,
				independently or in coordination or aligned combination with one or more
				individuals or entities, would have such actual or potential domination of
				video gaming in Illinois as to:
1)
				substantially impede or suppress competition among holders of terminal operator
				licenses;
2) adversely impact the
				economic stability of the video gaming industry in Illinois; or
3) negatively impact the purposes of the Act,
				including collection of State and local government revenues and development of
				the video gaming industry in Illinois.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart E - LICENSING PROCEDURES › Section 1800.510 - Coverage of Subpart

Current through Register Vol. 48, No. 28, July 12, 2024
The rules contained in this Subpart shall govern 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 1800 - VIDEO GAMING (GENERAL) › Subpart E - LICENSING PROCEDURES › Section 1800.520 - Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications for
				licensure or renewal shall be submitted on applications and forms provided by
				the Board.
b) An applicant or its
				affiliate may be required to submit forms or materials in addition to an
				application as required by subsection (a).
c) Institutional Investor
1) A business entity that qualifies as an
				institutional investor may submit a Video Gaming Institutional Investor
				Disclosure Form in lieu of a Video Gaming Business Entity Disclosure Form as
				instructed in an application if the institutional investor:
A) submits a Video Gaming Institutional
				Investor Disclosure Form to the Illinois Gaming Board within 45 days after the
				institutional investor individually or jointly with others cumulatively
				acquires, directly or indirectly, 5% or more but less than 20% of any class of
				publicly traded securities issued by a corporate applicant, licensee, parent or
				subsidiary company of an applicant or licensee;
B) holds or controls the publicly traded
				securities issued by a corporate applicant, licensee, parent or subsidiary
				company of an applicant or licensee in the ordinary course of business for
				investment purposes only; and
C)
				does not exercise or intend to exercise influence or control over the affairs
				of the issuer of the publicly traded securities issued by a corporate
				applicant, licensee, parent or subsidiary company of an applicant or licensee
				or their affiliates.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart E - LICENSING PROCEDURES › Section 1800.530 - Submission of Application

Current through Register Vol. 48, No. 28, July 12, 2024
All applications shall be submitted to the Board at its
				  office in Chicago (160 N. LaSalle St., Chicago IL 60601) or, when the option is
				  available, through the Board's online application submission portal accessible
				  through the Board's website (
https://www.igb.illinois.gov
).
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart E - LICENSING PROCEDURES › Section 1800.540 - Application Fees

Current through Register Vol. 48, No. 28, July 12, 2024
All applicants for a license issued by the Board shall pay
				  the application fees under Section 45(f) of the Act.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart E - LICENSING PROCEDURES › Section 1800.550 - Consideration of Applications by the Board

Current through Register Vol. 48, No. 28, July 12, 2024
Only complete applications will be considered for licensure.
				  Applications are complete when the applicant has submitted:
a) All information required by the Act and
				this Part;
b) All information
				required or requested by the Board; and
c) Payment of the application fee.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart E - LICENSING PROCEDURES › Section 1800.555 - Withdrawal of Applications and Surrender of Licenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) An application for licensure under the Act
				may be withdrawn without leave of the Board if written notification of
				withdrawal is received prior to Board action on licensure under Section
				1800.560 and
				unless the intended withdrawal is objected to by the Administrator.
b) A license granted by the Board under the
				Act may be surrendered without leave of the Board if written notification of
				surrender is received, unless the intended surrender is objected to by the
				Administrator.
c) If the
				Administrator objects to withdrawal of an application for licensure or the
				surrender of a license issued under the Act, leave of the Board is
				required.
d) If an application for
				licensure is withdrawn or a license is surrendered, the applicant may not
				reapply for a license within one year from the date withdrawal is granted or
				the date of surrender, without leave of the Board.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart E - LICENSING PROCEDURES › Section 1800.560 - 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 application fee.
b) If an applicant is denied a license, the
				applicant may not reapply for a license within one year from the date on which
				the final order of denial was voted upon by the Board, without leave of the
				Board.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart E - LICENSING PROCEDURES › Section 1800.570 - Renewal of License

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Board may only renew a license upon receipt of the annual fee (see Section
				45(g) of the Act) and any renewal forms provided by the Board.
b) The Board may only renew a license if the
				licensee continues to meet all qualifications for licensure set forth in the
				Act and this Part. Renewal of a license is not a ruling on the merits of any
				currently pending or future disciplinary action.
c) A license shall expire if the annual fee
				is not received by the Board prior to the expiration of the license.
d) A licensee whose license is not renewed by
				its renewal date, including but not limited to a licensee contesting a notice
				of nonrenewal or revocation of the license, shall still pay its annual fee each
				year. Failure to pay the scheduled annual fee shall cause the license to
				expire.
e) If a video gaming
				location license, technician license, terminal handler license or sales agent
				and broker license has expired due to the non-payment of the annual fee, and
				the Board receives the licensee's annual fee within 10 business days following
				expiration of the license, the Board may renew the license without requiring
				reapplication provided the licensee continues to meet all qualifications for
				licensure set forth in the Act and this Part. Nothing in this Section shall be
				construed to provide a defense to any Board-issued discipline.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart E - LICENSING PROCEDURES › Section 1800.580 - Annual Fees

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of defraying regulatory costs related to
				  licensure, the annual fee shall be the maximum permitted by Section 45(g) of
				  the Act.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart E - LICENSING PROCEDURES › Section 1800.590 - Death and Change of Ownership of Video Gaming Licensee

Current through Register Vol. 48, No. 28, July 12, 2024
a) Licenses granted by the Board do not
				constitute property, shall not be subject to attachment, and shall not be
				alienable or transferable. Licenses granted by the Board shall not descend by
				the laws of testate or intestate devolution, but shall cease upon the death of
				the licensee, provided that executors or administrators of the estate of any
				deceased licensee, and the trustee of any insolvent or bankrupt licensee, may
				continue the video gaming location operation under order of the appropriate
				court and the approval of the Administrator of the Illinois Gaming Board, and
				may exercise the privileges of the deceased or insolvent or bankrupt licensee
				after the death or the decent, or the insolvency or bankruptcy until the
				expiration of the license, but no longer than six months after the death,
				bankruptcy or insolvency of the licensee. Approval of the Administrator to
				continue the video gaming location operation may only be granted following the
				approval of a designated video gaming manager for the video gaming
				location.
b) Change of Ownership of
				Licensed Video Gaming Location
1) In addition
				to the disclosure requirements set forth in Section
				1800.210(c)
				and (i), each video gaming location licensee
				shall notify the Board in writing prior to a proposed sale or transfer of a
				licensed video gaming location.
2)
				When a licensed video gaming location is sold or transferred, the video gaming
				terminals may be allowed to continue to operate under the old license if:
A) the new owner has submitted all required
				and applicable application materials for a new or amended video gaming location
				license application, and included copies of all sale or transfer
				documentation;
B) the new owner has
				completed the required criminal record check via fingerprint
				examination;
C) the new owner is
				issued all required liquor licenses to draw, pour, mix or otherwise serve
				alcohol for consumption on the premises; and
D) the selling or transferring license holder
				agrees to be bound to all obligations and duties imposed upon it for operating
				a licensed video gaming location by the Act and this Part until the Board
				approves the sale or transfer and until the consummation of the closing of the
				sale or transfer.
3)
				When a licensed video gaming location is sold or transferred, the video gaming
				terminals may be allowed to continue to operate under the old license only
				until:
A) The issuance of a video gaming
				location license in the name of the new owner;
B) A determination by the Board that the new
				applicant, new owner and/or new person with significant interest or control is
				unsuitable; or
C) Denial of the new
				license application.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart E - LICENSING PROCEDURES › Section 1800.595 - 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 a terminal handler, technician, or sales agent and broker
				  license. The holder of a temporary identification badge of any type may perform
				  duties as a holder of a license of the same type. The holder of a temporary
				  identification badge is subject to the same duties and obligations as a holder
				  of a license of the same type.
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 fingerprints 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 gaming
				jurisdiction.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart F - DENIALS OF APPLICATIONS FOR LICENSURE › Section 1800.610 - Coverage of Subpart

Current through Register Vol. 48, No. 28, July 12, 2024
The rules contained in this Subpart shall govern all hearings
				  requested upon issuance of a notice of denial of an 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.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart F - DENIALS OF APPLICATIONS FOR LICENSURE › Section 1800.615 - 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 1800.140, personal service, or U.S.
				certified mail to the last known address of the applicant. Service is complete
				upon transmission of the e-mail or four days after mailing.
c) Should an applicant wish to contest the
				action the Board has taken regarding an 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. 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 1800 - VIDEO GAMING (GENERAL) › Subpart F - DENIALS OF APPLICATIONS FOR LICENSURE › Section 1800.620 - 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 and telephone number 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 1800 - VIDEO GAMING (GENERAL) › Subpart F - DENIALS OF APPLICATIONS FOR LICENSURE › Section 1800.625 - 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 a Board member or an attorney admitted to the practice of law by,
				and in good standing with, the Illinois Supreme Court as an Administrative Law
				Judge to conduct a hearing in accordance with this Subpart. If designated, the
				Administrator may provide for the appointment of an Administrative Law Judge 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 Administrative Law Judge shall establish a status
				date and notify the parties of that date.
b) If the petitioner believes the
				Administrative Law Judge is biased or has a conflict of interest, the
				petitioner may file with the Board a motion to disqualify the Administrative
				Law Judge 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 Administrative Law Judge. 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 Administrative Law Judge and provide for the reassignment of the case to
				another Administrative Law Judge to continue the hearing. Any Administrative
				Law Judge may voluntarily disqualify himself upon determining that bias or
				conflict of interest exists. Grounds for disqualification of Administrative Law
				Judge 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 1800 - VIDEO GAMING (GENERAL) › Subpart F - DENIALS OF APPLICATIONS FOR LICENSURE › Section 1800.630 - 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.
				Petitioner's burden of production includes those documents petitioner
				reasonably expects to introduce into evidence either in his, her or its
				case-in-chief or in rebuttal. Rebuttal documents, to the extent that they are
				not immediately identifiable, shall be tendered to the Board within 14 days
				after receipt of documents tendered to petitioner by the Board unless
				additional time is granted by the Administrative Law Judge.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart F - DENIALS OF APPLICATIONS FOR LICENSURE › Section 1800.635 - 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 Administrative Law Judge.
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 1800 - VIDEO GAMING (GENERAL) › Subpart F - DENIALS OF APPLICATIONS FOR LICENSURE › Section 1800.640 - Motions for Summary Judgment

Current through Register Vol. 48, No. 28, July 12, 2024
The Administrative Law Judge may recommend the granting or
				  denial of a summary judgment motion upon the filing of an appropriate motion by
				  any party. A recommendation for denial of a summary judgment motion shall not
				  be considered by the Board until the completion of the proceedings pursuant to
				  Section
				  1800.650.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart F - DENIALS OF APPLICATIONS FOR LICENSURE › Section 1800.650 - Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The burden of
				proof is at all times on the petitioner. The petitioner shall have the
				affirmative responsibility of establishing by clear and convincing evidence
				that the petitioner is suitable for licensing or that enforcement of a security
				interest is warranted.
b) All
				testimony shall be given under oath or affirmation.
c) Both parties may present opening
				statements. Petitioner proceeds first.
d) The petitioner shall then present his, her
				or its case-in-chief.
e) Upon the
				conclusion of the petitioner's case-in chief, the Board may move for a directed
				finding. The Administrative Law Judge 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,
				the petitioner may present evidence in rebuttal.
i) Both parties may present closing
				arguments. The petitioner proceeds first, then the Board
,
and
				thereafter the petitioner may present rebuttal argument.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart F - DENIALS OF APPLICATIONS FOR LICENSURE › Section 1800.660 - 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
				Administrative Law Judge if it is the best evidence available, has sufficient
				indicia of trustworthiness and reliability and is of the type reasonably and
				customarily relied on in the video gaming industry.
1) If relevant and not precluded from the
				hearing by Section 6(d) of the Riverboat Gambling Act relating to all licensed
				applicants, official Illinois Gaming Board records or certified copies of the
				records shall be admissible into evidence;
2) Official Illinois Gaming Board records are
				documents either prepared by or provided to the Board for the purpose of
				conducting its regular business;
3)
				A petitioner must afford the Board an opportunity to investigate and verify
				information that petitioner intends to offer in support of his case. Petitioner
				shall not be permitted to 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 1800 - VIDEO GAMING (GENERAL) › Subpart F - DENIALS OF APPLICATIONS FOR LICENSURE › Section 1800.670 - Prohibition on Ex Parte Communication

Current through Register Vol. 48, No. 28, July 12, 2024
No party or its representative shall communicate directly or
				  indirectly with the Administrative Law Judge or a member of the Illinois Gaming
				  Board regarding any pending denial, except upon notice to and opportunity for
				  all parties to participate.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart F - DENIALS OF APPLICATIONS FOR LICENSURE › Section 1800.680 - Sanctions and Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Administrative Law Judge may impose sanctions and penalties if the
				Administrative Law Judge 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 a
				petitioner fails to testify on his own behalf with respect to any question
				propounded to him, the Administrative Law Judge may infer that such testimony
				or answer would have been adverse to the petitioner's case.
c) Failure of a 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 such cases the Administrative
				Law Judge 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 1800 - VIDEO GAMING (GENERAL) › Subpart F - DENIALS OF APPLICATIONS FOR LICENSURE › Section 1800.690 - 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;
2) All evidence received;
3) A statement of matters officially
				noticed;
4) Offers of proof,
				objections and rulings; and
5) The
				recommendation and any findings of fact and conclusions of law made by the
				Administrative Law Judge.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart F - DENIALS OF APPLICATIONS FOR LICENSURE › Section 1800.695 - 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
				  final resolution of the request for hearing.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart G - DISCIPLINARY ACTIONS AGAINST LICENSEES › Section 1800.710 - 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 including, but not limited to,
				  suspension and revocation of a license. For purposes of this Subpart,
				  "disciplinary actions" shall include orders of economic disassociation under
				  Section
				  1800.330.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart G - DISCIPLINARY ACTIONS AGAINST LICENSEES › Section 1800.715 - Notice of Proposed Disciplinary Action Against Licensees

Current through Register Vol. 48, No. 28, July 12, 2024
a) When notified of
				facts sufficient to support disciplinary action against a licensee or a person
				with significant influence or control, the Administrator shall immediately
				notify the Board and the licensee of the proposed disciplinary action. The
				notice shall advise the licensee of the following:
1) A statement of the facts supporting the
				proposed disciplinary action;
2) A
				description of the rule or statutory section the licensee has
				violated;
3) A statement or
				description of the matters asserted and the consequences of the failure to
				respond; and
4) The name and
				mailing address of the Illinois Gaming Board.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart G - DISCIPLINARY ACTIONS AGAINST LICENSEES › Section 1800.720 - Hearings in Disciplinary Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Should a licensee wish to contest the
				proposed disciplinary action, the licensee must submit a response to the notice
				of proposed disciplinary action described in Section
				1800.715
				to the Administrator.
b) All
				responses shall be in writing. If a response is mailed, it shall include an
				original and one copy. 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. 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 1800 - VIDEO GAMING (GENERAL) › Subpart G - DISCIPLINARY ACTIONS AGAINST LICENSEES › Section 1800.725 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
a) All licensees
				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 licensee must
				file a written appearance setting forth:
1)
				The name, address and telephone number of the attorney;
2) The name and address of the licensee 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 1800 - VIDEO GAMING (GENERAL) › Subpart G - DISCIPLINARY ACTIONS AGAINST LICENSEES › Section 1800.730 - 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 a Board member or an attorney admitted to the practice of law by,
				and in good standing with, the Illinois Supreme Court as an Administrative Law
				Judge to conduct a hearing in accordance with this Subpart. If designated, the
				Administrator may provide for the appointment of an Administrative Law Judge to
				conduct a hearing in accordance with this Subpart. The licensee will be copied
				on the letter of appointment and the letter will serve as notice of the
				pendency of the hearing. The Administrative Law Judge shall establish a status
				date and notify the parties of that date.
b) If the licensee believes the
				Administrative Law Judge is biased or has a conflict of interest, the licensee
				may file with the Board a motion to disqualify the Administrative Law Judge
				from conducting the hearing. The motion must be in writing, accompanied by an
				affidavit signed and dated by the licensee setting forth the specific grounds
				for disqualification. The licensee shall serve a copy of the motion on the
				Administrative Law Judge. Prior adverse rulings against the licensee or its
				attorney in other matters shall not, in and of themselves, constitute grounds
				for disqualification. On satisfactory evidence submitted by the licensee in
				support of the motion to disqualify, the Board shall remove the Administrative
				Law Judge and provide for the reassignment of the case to another
				Administrative Law Judge to continue the hearing. Any Administrative Law Judge
				may voluntarily disqualify himself upon determining that bias or conflict of
				interest exists. Grounds for disqualification of Administrative Law Judge 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 1800 - VIDEO GAMING (GENERAL) › Subpart G - DISCIPLINARY ACTIONS AGAINST LICENSEES › Section 1800.735 - 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. The
				licensee's burden of production includes those documents the licensee
				reasonably expects to introduce into evidence either in his case-in-chief or in
				rebuttal. Rebuttal documents, to the extent that they are not immediately
				identifiable, shall be tendered to the Board within 14 days after receipt of
				documents tendered to petitioner by the Board unless additional time is granted
				by the Administrative Law Judge.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart G - DISCIPLINARY ACTIONS AGAINST LICENSEES › Section 1800.740 - 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 licensee only upon
				application to the Administrative Law Judge.
1) The licensee 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 licensee to appear except under the procedures provided in
				this Section.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1800 - VIDEO GAMING (GENERAL) › Subpart G - DISCIPLINARY ACTIONS AGAINST LICENSEES › Section 1800.745 - Motions for Summary Judgment

Current through Register Vol. 48, No. 28, July 12, 2024
The Administrative Law Judge may recommend the granting or
				  denial of a summary judgment motion upon the filing of an appropriate motion by
				  any party. A recommendation for denial of a summary judgment motion shall not
				  be considered by the Board until the completion of the proceedings pursuant to
				  Section
				  1800.750.