New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter III - Division of Lottery › Subchapter A - State Lottery › Part 5000 - General Provisions › Section 5000.6 - Hearings on suspension or revocation of lottery sales agent license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A lottery sales
					 agent is entitled to notice and an opportunity to be heard before suspension or
					 revocation of the licensed provided that the lottery sales agent requests such
					 a hearing within 20 days from the date of notice of the suspension or
					 revocation. If the commission or the commission's designee finds that the
					 public health, safety, or welfare imperatively requires emergency action, and
					 incorporates a finding to that effect in a written order, summary suspension of
					 a lottery sales agent license may be temporarily ordered, pending proceedings
					 for license suspension or revocation.
(b) A petition requesting a hearing shall be
					 in writing signed by the petitioner or an attorney on behalf of the petitioner
					 and shall include the petitioner's mailing address.
(c) Upon receipt of a petition requesting a
					 hearing, the commission shall issue a notice of hearing fixing the date, time
					 and place at which the hearing shall be held, stating the legal authority and
					 jurisdiction under which the hearing is to be held, referring to the particular
					 sections of the statutes and rules involved, where possible setting forth a
					 short and plain statement of matters asserted, and stating that interpreter
					 services shall be made available, at no charge, pursuant to section 301 of the
					 State Administrative Procedure Act provided that such interpreter services are
					 requested a reasonable time in advance of the hearing. Upon the written
					 application of any party, a more definite and detailed statement of the matters
					 asserted shall be furnished whenever the director or the director's designee
					 finds that the statement in the notice of hearing is not sufficiently definite
					 or not sufficiently detailed. Any more definite and detailed statement so
					 furnished shall be deemed to be a part of the notice of hearing. A notice of
					 hearing shall give at least 10 days' notice to the petitioner and other parties
					 and shall be served either in person or by certified mail.
(d) The hearing officer shall be a person
					 designated by the commission. Upon the filing in good faith by a party of a
					 timely and sufficient affidavit of personal bias or disqualification of a
					 hearing officer, the commission shall determine the matter as part of the
					 record of the proceedings. Whenever a hearing officer is disqualified or it
					 becomes impractical for him or her to continue, another hearing officer may be
					 designated to continue the proceedings unless it is shown that substantial
					 prejudice would result. The hearing officer's written report of the hearing
					 containing findings of fact, conclusions of law, and recommended decisions
					 shall be filed with the commission and mailed to the parties of record, and all
					 parties of record shall have 10 days in which to file exceptions, objections,
					 and replies thereto, after which the commission shall adopt, reverse, or modify
					 the report and recommended decision.
(e) A party shall be required to make
					 disclosures prior to a hearing only as provided by this subdivision. When the
					 revocation of a lottery sales agent license is sought, any party shall, upon
					 written demand and at least seven days prior to the date of the hearing,
					 disclose the evidence that the party intends to introduce at the hearing,
					 including documentary evidence and identification of witnesses who may testify
					 at the hearing, except material protected by law from disclosure, including
					 privileged or confidential information. If after making such disclosure, a
					 party decides to rely on other witnesses or documents, the party shall, as soon
					 as practicable, supplement such party's disclosure by providing the names of
					 such witnesses or copies of such documents.
(f) The hearing officer shall rule on matters
					 of procedure and evidence, and shall conduct the hearing in such manner as, in
					 the hearing officer's discretion, will best serve the attainment of justice.
					 The hearing officer may direct questions to any party or witness.
(g)
(1) The
					 order of proof shall be as follows:
(i)
					 testimony by witnesses in support of the matters asserted against the
					 licensee;
(ii) cross-examination of
					 such witnesses;
(iii) testimony by
					 the licensee and witnesses produced by the licensee; and
(iv) cross-examination of the licensee and
					 the licensee's witnesses.
The hearing officer may, in the hearing officer's
						discretion, change the order of proof.