Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part IX - Landbased Casino Gaming › Subpart 1 - Economic Development and Gaming Corporation › Chapter 11 - Bylaws and Rules of Procedure › Section IX-1113 - Other Special Procedures for Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application. The procedures stated in this
				  Section shall apply to an appeal by a casino gaming operator, gaming operator,
				  distributor, licensee, permittee, under contractor, or applicant or other
				  person or party of a corporation adjudication, decision or determination
				  rendered in the Act. For purposes of this Section, the term "appellant" shall
				  mean a person adversely affected by a decision of the corporation or the
				  board.
B. Appellant Request. Prior
				  to initiating an appeal of the president's or other officer's decision, order
				  or adjudication an appellant must send the president a request letter stating
				  the action of which the appellant seeks reconsideration or modification and all
				  reasons the appellant advances for reconsideration or 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.
C. Notice of Appeal. 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 advising the
				  appellant of the president's determination or decision. 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 under
				  §1113. E 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. In the event a
				  corporation president has not been selected, the appellant shall make his or
				  her appeal directly to the board in the same manner as prescribed in
				  §1113 B, including the filing of a
				  request letter with the board.
D.
				  Hearing. The board shall consider the appeal within 30 days of receipt of the
				  notice of appeal. 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 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, committee or hearing
				  officer. 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. A
				  committee or a board appointed independent hearing officer may make
				  recommendations in writing with supporting reasons to the board for its final
				  action. The board shall render its decision on the appeal by majority vote at
				  the hearing of the appeal.
E.
				  Costs. If the appellant requested an expedited hearing, and the board conducts
				  the expected hearing at a special meeting called for that purpose and the board
				  denies the appeal, the board may then charge the appellant the corporation's
				  reasonable costs incurred in connection with the special meeting and hearing,
				  including any travel and per diem expenses.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 4:601 et
					 seq.