Md. Code Regs. 36.07.02.17

Current through Register Vol. 51, No. 24, December 2, 2024

Section 36.07.02.17 - Sanctions

A. The Director may impose sanctions on a licensee for:

(1) Violating or failing to fulfill the licensee's responsibilities under this subtitle or a condition of a license;

(2) Violating:

(a) A provision of the law;

(b) A regulation adopted under the law; or

(c) An order or directive of the Commission;

(3) Providing the Commission with false or misleading information;

(4) Failing to cooperate with the Commission;

(5) Failing to remit, or failing to make timely remittance of, funds owed to the Commission;

(6) Failing to prepare, submit, or implement an adequate corrective plan under Regulation .16 C of this chapter;

(7) Incurring criminal charges related to the conduct of illegal gaming;

(8) Possessing materials or equipment indicating involvement by the licensee or the licensee's employees in the conduct of illegal gaming; or

(9) Other activities or action deemed by Director to require the imposition of a sanction.

B. Types of Sanctions. Sanctions may include emergency suspension, suspension, revocation, and placement of conditions on the license.

C. Suspension, Revocation, and Conditions.

(1) Except as set forth in §D of this regulation, the Director shall give the licensee notice of the intended suspension, revocation, or imposition of a condition at least 15 days before the imposition of the intended sanction.

(2) A licensee may appeal the Director's imposition of a sanction before the date the sanction is imposed by submitting a request for a hearing before the Commission.

(3) The final action on a sanction is subject to judicial review as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

D. Emergency Suspension.

(1) Notwithstanding any other requirement of this chapter, if the Director determines that immediate action is necessary to protect against an imminent, serious threat by a licensee to the security, financial stability, reputation, or integrity of the instant bingo program, the Director may suspend a license without prior notice.

(2) If the Director emergently suspends a license, the Director shall provide the licensee with written notice that includes:

(a) A statement of the authority upon which the suspension is based;

(b) The nature of the violation;

(c) The duration of suspension;

(d) Information about the licensee's obligation to submit to the Agency a corrective plan; and

(e) A statement of the licensee's right to request a Commission hearing.

(3) If after a license is emergently suspended, the licensee does not submit a timely written request for a Commission hearing, the Director may move to revoke the license by giving the licensee notice under §C(1) of this regulation.

Md. Code Regs. 36.07.02.17

Regulations .17 adopted as an emergency provision effective 40:20 Md. R. 1650, eff.8/26/2013 ; adopted permanently effective December 12, 2013 40:24 Md. R. 2019, eff.8/26/2013