Ohio Administrative Code › Title 3770:2 - Video Lottery Gaming Terminals › Chapter 3770:2-5 - Technology Providers › Section 3770:2-5-07 - Technology providers licenses; fines

Current through all regulations passed and filed through July 1, 2024
(A)
								 Monetary fines.
			 As determined by the director, monetary fines may be imposed upon a technology
			 provider licensee who does not comply with the Lottery Act, all rules,
			 regulations, terms and conditions, policies, orders and directives adopted,
			 promulgated or issued by the commission or the director which may include but
			 may not be limited to a determination that a video lottery sales agent has
			 failed to comply with or violated any provisions set forth in paragraphs (A)(1)
			 to (A)(3) of rule
			 3770:2-5-06
			 of the Administrative Code.
(B)
								 Suspension or
			 revocation.. Any fines under this section may be in addition to or in lieu of a
			 suspension or revocation under rule
			 3770:2-5-06
			 of the Administrative Code.
(C)
								 Schedule of
			 fines. The director may establish a schedule of fines that may be imposed
			 pursuant to the authority set forth herein. Said schedule, and any amendments
			 or revisions thereto, shall be approved by the director and made available to
			 video lottery sales agents prior to imposition of monetary fines hereunder.
			 Nothing contained on a fine schedule established by the director for technology
			 provider licensees shall mandate imposition of a fine, but in the event that
			 fines are imposed, the technology provider fine schedule in effect at the time
			 of the event leading to a determination that a fine shall be imposed, shall be
			 applicable.
(D)
								 Right to hearing. When required to do so by the
			 Administrative Procedure Act, the director shall afford a hearing to a
			 technology provider licensee affected by an order imposing a fine. Such
			 hearings shall be conducted by the director or a hearing examiner designated by
			 the director and shall comply with requirements for adjudication hearings set
			 out in the Administrative Procedure Act. The requirement of the Administrative
			 Procedure Act that adjudication hearings be afforded prior to a final decision
			 by the director to suspend or revoke a technology provider license may be
			 waived under circumstances for reasons related to the public safety,
			 convenience or trust which require immediate action. Further, as necessary for
			 reasons related to public safety, convenience or trust which require immediate
			 action, the director may order the immediate and indefinite disabling of all or
			 a portion of the video lottery operations and/or removal of video lottery
			 equipment at a video lottery sales agent's video lottery facility. The
			 director, however, must continue to comply with the requirements of the
			 Administrative Procedure Act in affording the technology provider licensee a
			 subsequent opportunity for an adjudication hearing.
Five Year Review (FYR) Dates:
				2/12/2018 and
				12/29/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3770.03
Rule
				Amplifies: 3770.03,
				3770.021
Prior
				Effective Dates: 12/29/2011