Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 633 - GAMBLING CONTROL BOARD › Chapter 27 - RULES OF PRACTICE AND PROCEDURE OF GAMING CONDUCT › Section 633-27-3 - Hearings

Current through 2024-29, July 17, 2024
1. If, following an investigation, the
				director determines that the complaint should be set for hearing for any
				reason, including to resolve issues of substantial public interest or to make
				credibility determinations, the director shall serve the licensee with the
				notice of complaint and request for hearing in accordance with 5 M.R.S.
				§§ 9051(3) and 9052 and shall file a copy with the Board.
2. In the event of a hearing, the provisions
				of the
Administrative Procedure Act
, Title 5, Chapter 375,
				subchapter 4 will govern.
3. When
				the circumstances of a particular proceeding require more detailed procedures
				than those set forth in this rule, additional procedures may be specified by
				the hearing officer, by order applicable to that particular
				proceeding.
4. When a hearing is
				held, the Board may appoint a hearing officer in conformity with the provisions
				of the
Administrative Procedure Act
to conduct the hearing and
				to make the proposed findings of fact and conclusions of law. If the Board
				appoints a hearing officer to perform these tasks, the hearing may take place
				outside of the Board's presence.
5.
				Following a hearing, any proposed findings of fact, or any proposed decision
				prepared by the hearing officer shall be in writing. A copy shall be provided
				to each party, with the opportunity to file responses or exceptions. The
				hearing officer shall set the time within which responses or exceptions may be
				filed. The hearing officer may amend the proposed findings of fact or decision
				based upon the responses and exceptions filed. A decision of the Board upon a
				recommended decision of the hearing officer constitutes final agency
				action.
6. For each violation of 8
				M.R.S. Chapter 31, the Board's rules, or conditions of licensure or
				registration, the Board may take one or more of the following actions in
				accordance with 8 M.R.S. §1053(1):
A.
				Issue a warning, censure or reprimand to a licensee or registrant. Each
				warning, censure or reprimand issued must be based upon a violation of a
				different applicable law, rule or condition of licensure or must be based upon
				a separate instance of actionable conduct or activity;
B. Suspend a license or registration for up
				to 360 days for each violation of an applicable law, rule or condition of
				licensure or registration or instance of actionable conduct or activity.
				Suspensions may be set to run concurrently or consecutively. Execution of all
				or any portion of a term of suspension may be stayed pending successful
				completion of conditions of probation, although the suspension remains part of
				the licensee's or registrant's record;
C. Revoke a license or
				registration;
D. Impose a fine of
				up to $100,000 for each violation of an applicable law, rule or condition of
				licensure or registration or instance of actionable conduct or
				activity;
E. Impose conditions of
				probation upon a licensee or registrant. Probation may run for such time period
				as the Board determines appropriate; and
F. Impose costs of investigation and
				hearing.