Iowa Admin. Code r. 491-4.5 - Gaming board-duties
The gaming board conducts informal hearings whenever the board has reasonable cause to believe that a licensee, an occupational licensee, or other persons have committed an act or engaged in conduct which is in violation of statute or commission rules. The hearings precede a contested case hearing and are investigative in nature. The following procedures will apply:
(1) The gaming board shall consist of three
gaming representatives, as assigned by the administrator. The administrator has
the discretion to create more than one gaming board, to set terms for gaming
board members, to assign alternates, and to make any decisions necessary for
the efficient and effective operation of the gaming board. A gaming
representative who has made a referral to the gaming board shall not sit on the
board that makes a decision on the referral.
(2) The administrator may designate an
employee to act as gaming board coordinator. The gaming board coordinator shall
have the power to assist and advise the gaming board through all aspects of the
gaming board hearing process. The gaming board coordinator may review any
referral from gaming representatives prior to setting the matter for hearing
before the gaming board. The gaming board coordinator, in consultation with the
administrator or the administrator's designee, may return the referral to the
initiating gaming representative if the information provided appears
insufficient to establish a violation. The gaming board coordinator shall
otherwise assist the gaming board in setting the matter for hearing.
(3) The gaming board, upon receipt of a
referral, may review the referral prior to the hearing. The gaming board may
return a referral to the initiating gaming representative or the
administrator's designee on its own motion prior to hearing if the information
provided appears insufficient to establish a violation.
(4) Upon finding of reasonable cause, the
board shall schedule a hearing to which the license holder shall be summoned
for the purpose of investigating suspected or alleged misconduct by the license
holder, at which all board members or their appointed representatives shall be
present in person or by teleconference. The license holder may request a
continuance for good cause in writing not less than 24 hours prior to the
hearing except in cases of unanticipated emergencies. The continuance need not
necessarily stay any intermediate sanctions.
(5) The notice of hearing given to the
license holder shall give adequate notice of the time, place and purpose of the
board's hearing and shall specify by number the statutes or rules allegedly
violated. If a license holder, after receiving adequate notice of a board
meeting, fails to appear as summoned, the license holder will be deemed to have
waived any right to appear and present evidence to the board.
(6) The gaming board has complete and total
authority to decide all issues concerning the process of the hearing. The
gaming board shall recognize witnesses and either question the witnesses or
allow them to give a narrative account of the facts relevant to the case. The
gaming board has the right to request witnesses or additional documents that
have not been submitted by the initiating gaming representative. The licensee
has no right to present testimony, cross-examine witnesses, make objections, or
present argument, unless specifically authorized by the gaming board.
(7) It is the duty and obligation of every
licensee to make full disclosure at a hearing before the board of any knowledge
possessed regarding the violation of any rule, regulation or law concerning
racing and gaming in Iowa. No person may refuse to testify before the board at
any hearing on any relevant matter within the authority of the board, except in
the proper exercise of a legal privilege. No person shall falsely testify
before the board.
(8) Persons who
are not holders of a license or occupational license and who have allegedly
violated commission rules or statute, or whose presence at a licensed facility
is allegedly undesirable, are subject to the authority of the board and to any
penalties, as set forth in rule
491-4.7 (99D,99F).
(9) The gaming board has the power to
interpret the rules and to decide all questions not specifically covered by
them. The board has the power to determine all questions arising with reference
to the conduct of gaming and sports wagering and fantasy sports contests and
the authority to decide any question or dispute relating to racing, gaming,
sports wagering or fantasy sports contests in compliance with rules promulgated
by the commission or policies approved for licensees, and persons participating
in licensed racing or gaming agree in so doing to recognize and accept that
authority. The board may also suspend the license of any license holder when
the board has reasonable cause to believe that a violation of law or rule has
been committed and that the continued performance of that individual in a
licensed capacity would be injurious to the best interests of racing or
gaming.
(10) The gaming board shall
enter a written decision after each hearing. The decision shall find whether
there is a violation of the rules or statutes and, if so, shall briefly set
forth the legal and factual basis for the finding. The decision shall also
establish a penalty for any violation. The gaming board has the authority to
impose any penalty as set forth in these rules.
(11) Rescinded IAB 9/29/04, effective
11/3/04.
(12) Upon the filing of a
timely and perfected appeal, the licensee has the right to a contested case
proceeding, as set forth supra in these rules.
(13) Informal settlements. A licensee may
enter into a written stipulation representing an informed mutual consent with a
gaming representative or the administrator's designee. This stipulation must
specifically outline the violation and the penalty imposed. Stipulations must
be approved by the gaming board. Stipulations are considered final agency
action and cannot be appealed.
Notes
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