Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 6 - Occupational and Vendor Licensing › Rule 491-6.5 - Grounds for Denial, Suspension, or Revocation of a License or Issuance of a Fine

Current through Register Vol. 47, No. 3, July 24, 2024
The commission or commission representative shall deny an
				applicant a license or, if a license is already issued, a licensee shall be
				subject to probation, fine, suspension, revocation, or other disciplinary
				measures, if the applicant or licensee:
(1) Does not qualify under the following
			 screening policy:
a. Applicants must be at
			 least 18 years of age to work in areas where gaming or wagering is
			 conducted.
b. Applicants must be at
			 least 16 years of age to be eligible to be licensed to work for a trainer of
			 racing animals.
c. A license shall
			 be denied if, within the last five years, an applicant has had:
(1) A felony conviction;
(2) A conviction for an offense involving
			 theft or fraudulent practice in excess of $500;
(3) A conviction for an offense involving the
			 use of an alias in connection with fraud; or
(4) A conviction for an offense involving
			 ownership, operation, or an interest in any bookmaking or other illegal
			 enterprise or if the applicant is or has been connected with or associated with
			 any illegal enterprise.
If the conviction occurred more than five years before
				application, a license shall not be issued unless the commission representative
				determines that sufficient evidence of rehabilitation exists.
d. Unless sufficient evidence of
			 rehabilitation exists, a license shall be denied if any applicant has had:
(1) A conviction of a serious or aggravated
			 misdemeanor or the equivalent; or
(2) Multiple convictions of simple
			 misdemeanors.
e. A
			 license shall be temporarily denied or suspended until the outcome of any
			 pending charges is known if conviction would disqualify the applicant and the
			 commission representative determines that the applicant poses an immediate
			 danger to the public health, safety, or welfare of the patrons, participants,
			 or animals associated with a facility licensed under Iowa Code chapter 99D, 99E
			 or 99F.
f. A license shall be
			 denied if the applicant has an addiction to alcohol or a controlled substance
			 without sufficient evidence of rehabilitation, has a history of mental illness
			 without demonstrating successful treatment by a licensed medical physician or
			 physician assistant, or has a history of repeated acts of violence without
			 sufficient evidence of rehabilitation.
g. A license may be temporarily denied or a
			 probationary license may be issued until outstanding, overdue court-ordered
			 obligations are satisfied. These obligations include, but are not limited to,
			 criminal or civil fines, state or federal taxes, or conditions imposed upon the
			 applicant by a court of law that the applicant has failed to meet in a timely
			 manner.
h. A license may be denied
			 if an applicant is ineligible to participate in gaming in another state and it
			 would not be in the best interest of racing or gaming to license the applicant
			 in Iowa. A license shall be denied if an applicant is ineligible to participate
			 in racing in another state whose regulatory agency is recognized by and
			 reciprocates in the actions of this state.
i. A license shall be denied and not
			 reinstated if an applicant has been denied patron privileges by order of the
			 commission.
j. A license shall be
			 denied if the applicant falsifies the application form and would be ineligible
			 for licensure under one or more of the provisions set forth in
			 paragraphs
"a"
through
"i"
above. In other
			 cases of falsification, a license may be issued and the applicant shall be
			 subject to a suspension, fine, or both.
k. A license shall be denied if an applicant
			 is not of good repute or moral character. Any evidence concerning a licensee's
			 current or past conduct, dealings, habits, or associations relevant to that
			 individual's character or reputation may be considered. The commission
			 representative shall decide what weight and effect evidence shall have in the
			 determination of whether there is substantial evidence that the individual is
			 not of good reputation or character. Applicants who hold positions of higher
			 responsibility may be held to a more stringent standard of conduct and
			 reputation than others with a less significant interest or role.
l. A license shall be denied if the applicant
			 is a board member of an internet fantasy sports contest service provider and is
			 under the age of 21.