Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 633 - GAMBLING CONTROL BOARD › Chapter 66 - COMPLAINTS AND DISCIPLINARY ACTIONS

Current through 2024-29, July 17, 2024
This rule establishes procedures for the investigation and
				resolution of complaints received by the Director. This rule should be read in
				conjunction with the statutory provisions for adjudicatory proceedings in the
Maine Administrative Procedure Act
. The rule helps to ensure
				that the investigation and resolution of complaints are handled in an
				expeditious and procedurally fair manner.
1. An operator must make contact information
			 for complaints and dispute resolution, as well as a link to the Gambling
			 Control Unit's website, readily accessible to sports wagering patrons through
			 the communication channel used to access the sports wagering system and
			 available through brochures and or signage at facility operator
			 locations.
2. Mobile operators
			 shall have a guest service link to resolve inquiries such as "password
			 reset".
3. Patrons must be able to
			 lodge complaints and disputes any time of the day and any day of the week.
			 Operators must respond to the complaint within 48 hours of receipt of the
			 initial complaint.
4. A sports
			 wagering operator shall attempt to resolve all patron disputes with a patron. A
			 sports wagering operator shall investigate each patron complaint and provide a
			 response to the patron within ten (10) business days and provide a copy of the
			 response to the Director. The response shall inform the patron of their right
			 to appeal the decision of the operator to the Director.
5. With a request for appeal from the patron,
			 the Director shall conduct whatever investigation is necessary and must
			 determine whether a different resolution shall be made. A Unit inspector may
			 investigate the dispute and shall report to the Director for a
			 decision.
6. The Director must
			 notify the operator and the patron in writing of the Director's decision
			 regarding the dispute, within ten (10) business days after the completion of
			 the investigation.
7. A patron or
			 operator aggrieved by the decision of the Director may appeal the decision to
			 the Commissioner of Public Safety for a final decision. After review, the
			 Commissioner shall issue a decision to uphold, modify or overrule the
			 Director's decision. In the case of appeal to the Commissioner, the patron or
			 operator must be afforded the opportunity for an adjudicatory hearing in
			 accordance with this chapter and the Maine Administrative Procedure Act at the
			 expense of the patron or operator, if applicable. A person aggrieved by the
			 final decision of the Commissioner may appeal the Commissioner's decision to
			 the Superior Court in accordance with Title 5, chapter 375, subchapter
			 7.
8. An operator must maintain
			 records of all correspondence relating to a patron's complaint and/or dispute
			 for a period of five years.
9. All
			 complaints that are submitted to the Director must be in writing. The Director
			 may initiate a complaint alleging any ground for disciplinary action.
10. The Director may investigate complaints
			 in accordance with
			 8 M.R.S.
			 §1205(3).
11. The Director may review all complaints
			 and investigative files.
12.
			 Sanctions under
			 8 M.R.S.
			 §1205(4) may be
			 proposed by the Director or imposed by the Commissioner after a
			 hearing.
13. If the Director
			 determines that the complaint is or may be true and the violation is of
			 sufficient gravity to warrant further action, the Director may take appropriate
			 action against an application or license in a written decision that informs the
			 operator, management services provider, or other licensee of the right to
			 appeal the decision to the Commissioner for a final decision in accordance with
			 8 M.R.S.
			 §1205(5).
A. The written decision shall state the
			 alleged violation, the statute or rule believed to have been violated, and the
			 proposed resolution, and shall inform the operator, management services
			 provider, or other licensee that the operator, management services provider, or
			 other licensee has the right to request a hearing before the
			 Commissioner.
B. Service of the
			 decision is complete upon mailing to the party or the party's attorney using
			 the last known address, or upon in-hand delivery to the recipient or the
			 recipient's office.
C. The
			 operator, management services provider, or other licensee must file a written
			 request for hearing within 30 days of receipt of the decision that informs the
			 operator, management service provider, or other licensee of the opportunity for
			 hearing. The request is considered filed when received by the Director by mail,
			 in-hand delivery or electronic mail.
D. Failure to make a timely request for
			 hearing shall be a waiver of any right to a hearing and may result in the
			 proposed action becoming final without further hearing, in accordance with
			 5 M.R.S.
			 §9053(3), if the notice
			 informed the operator, management services provider, or other licensee of the
			 possibility of default.