Louisiana Administrative Code › Title 42 - LOUISIANA GAMING › Part XV - Lottery › Chapter 5 - Retailer Regulations › Section XV-573 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. The procedures
				stated in this Part apply to an appeal of a corporation determination by a
				retailer or a person seeking to become a retailer under §9017 of the Louisiana
				Lottery Corporation Law.
B. 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.
C. 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 under Subsection E of this Section. 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.
D. 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 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.
E. 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.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:9001 et
				  seq.