Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part XV - Lottery › Chapter 11 - Lottery Sports Wagering › Subchapter C - Qualification and Suitability Standards › Section XV-1131 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. The procedures
				  stated in this section apply to an appeal of a corporation determination by a
				  permittee or a person seeking a permit under these rules and the Act.
1. Prior to making an appeal, an appellant
				  must send the president a request letter stating the action of which the
				  appellant seeks modification and all reasons the appellant advances for
				  modification. The request letter must state the appellant's name and address,
				  must enclose copies of all documents relevant to the request and must be signed
				  by the appellant. The appellant must represent that all facts stated in the
				  request letter are correct to the best knowledge of the appellant. The
				  president shall respond to the request letter in writing within 10 days of the
				  corporation's receipt of it, stating all reasons for the response.
2. An appellant may appeal the president's
				  denial of all, or any part of the appellant's request stated in the appellant's
				  request letter by sending the president a notice of appeal. The notice of
				  appeal shall be effective only if it is in writing, states the substance and
				  basis of the appeal, and is received by the corporation within 10 days of the
				  appellant's receipt of the president's letter denying the appeal. The notice
				  may request that the hearing be expedited, provided that such a request shall
				  constitute an undertaking by the appellant to pay the costs assessable by the
				  board. Upon receipt of a notice of appeal, the president shall deliver the
				  notice, the appellant's request letter and the president's denial letter to the
				  board.
3. The board shall consider
				  the appeal at its next regular meeting to occur five or more days after receipt
				  of the notice of appeal. The hearing shall be conducted in accordance with the
				  provisions of the Administrative Procedure Act. The chairman may call a special
				  meeting of the board to hear an appeal if the appellant has requested an
				  expedited hearing and the chairman in his or her sole discretion believes that
				  the appeal warrants an expedited hearing. The president shall give the
				  appellant reasonable notice of the time and location of the board meeting. The
				  appellant shall be permitted to present the appeal orally for a time period
				  determined by the board. The presentation may not include points or subjects
				  which were not included in the appellant's request letter. The corporation
				  shall keep a complete record of the hearing and shall make it available to the
				  appellant. The board shall render its decision on the appeal by majority vote
				  within five days after conclusion of the hearing.
4. If the appellant requested an expedited
				  hearing, the board conducts the hearing at a special meeting, and the board
				  denies the appeal, the board may charge the appellant the corporation's
				  reasonable costs incurred in connection with the special meeting, including any
				  travel and per diem expenses.