18-553-10 Me. Code R. § 9

Current through 2024-51, December 18, 2024

Section 553-10-9 - REVOCATION AND SUSPENSION OF A LICENSE

1.Suspension or revocation. The commission may suspend or revoke, after notice and hearing and in a manner consistent with the provisions of the Maine Administrative Procedure Act, any license issued by the State Lottery to an agent.

2.Temporary suspension. An agent's license may be temporarily suspended by the director without prior notice, pending any prosecution, investigation or hearing.

3.Just cause. A license may be suspended or revoked by the commission for just cause, which includes, but is not limited to, any one or more of the following reasons:

A. Failure to account for tickets received or the proceeds of the sale of tickets, to file a bond if required by the commission or to comply with the instructions of the commission or the director concerning the licensed activity;

B. Any conviction of a criminal offense of a person who becomes ineligible for a license under section 2 as a result of the conviction;

C. Failure to file any return or report, to keep appropriate records or to pay any tax;

D. Engaging in fraud, deceit, misrepresentation or conduct prejudicial to public confidence or to the State Lottery;

E. Insufficiency of the number of tickets sold by the agent;

F. A material change, since issuance of the license, with respect to any of the matters considered by the director in issuing the license; or

G. Any violation or failure to comply with any provision of the Act, these rules, or the terms or conditions of the "Agent Agreement to Sell Lottery Tickets."

4.Effect of suspension or revocation of Tri-State Lotto license. Except in the case of suspension or revocation for the reasons set forth in 8 M.R.S.A. §412 sub-§ 1, paragraphs E or F, any suspension or revocation of a Tri-State Lotto license automatically results in suspension of a license issued by the Maine State Lottery.

5.Notice of hearing. If the director, acting pursuant to 8 M.R.S.A. §372, sub-§2, paragraph F, recommends to the commission that it suspend or revoke an agent's license, the director shall notify the agent in writing by regular mail that the commission will conduct a hearing to determine whether there is just cause to suspend or revoke the agent's license. The director shall provide the notice at least 20 days before the scheduled date of the hearing. The director shall provide notice to the public if required by the Maine Administrative Procedure Act, 5 M.R.S.A. §9052, sub-§ 3.

6.Hearing. A hearing to determine whether an agent's license should be suspended or revoked must be conducted by the commission. The chair of the commission, or a person designated by the commission pursuant to 5 M.R.S.A. §9062, shall preside over the hearing. The hearing must be recorded in a form capable of being reduced to a written transcript. The presiding officer shall rule on all questions of the admissibility of evidence, administer oaths and affirmations, regulate the course of the hearing, and take other actions as authorized by statute or these rules.

7.Hearing procedures. The director has the burden of presenting the reasons why just cause exists to suspend or revoke the agent's license. The director has the burden of proof of establishing by substantial evidence that just cause exists. The rules of evidence observed by courts are not applicable to revocation or suspension proceedings, but the provisions of the Maine Administrative Procedure Act governing evidence, (5 M.R.S.A. §9057) apply. The agent may cross examine any witnesses called by the director and inspect any documentary evidence submitted by the director. The agent may call witnesses on the agent's behalf, examine such witnesses and present any documentary evidence on the agent's behalf.

8.Decision. At the conclusion of the hearing, the commission shall render its decision on the record or may issue a written decision. The decision of the commission constitutes final agency action within the meaning of the Maine Administrative Procedures Act. If the agent's license is suspended or revoked, the agent must be advised on the record or in writing of the right to have the commission's decision reviewed by the Superior Court.

9.Final accounting. Upon termination of an agent's license for any reason, including revocation or suspension, the agent shall meet with the assigned lottery staff member on a date designated by the director for the purpose of rendering a final lottery accounting.

10.Surrender of license. Upon notice of revocation or suspension, an agent shall immediately surrender to the director or the director's designee, any lottery material supplied to the agent.

11.Failure of agent to appear. If an agent fails to appear at any hearing before the commission to determine whether just cause exists to suspend or revoke the agent's license, the commission may conduct the hearing in the absence of the agent and render such decision as it considers proper on the basis of the evidence presented.

18-553 C.M.R. ch. 10, § 9