Subpart 1.
Appeal of denial or determination; application fees.
An applicant may appeal the denial of an application pertaining
to a license or permit according to the procedures in this part. All fees
submitted with a license or permit application are considered earned and are
not refundable.
Subp. 2.
Appeal of denial of application.
The denial of an application may be appealed by an
applicant.
A. To appeal the denial,
the applicant must file a written request with the board within 15 days of
receiving the notice that the application has been denied. The request must
contain a complete copy of the application and a statement describing the
reasons the license or permit should not be denied. The appeal is not a
contested case under Minnesota Statutes, chapter 14.
B. The board must refer the appeal to the
executive committee. The executive committee must review the appeal within ten
days of receipt and issue a written decision within ten days of its
consideration of the appeal. If the committee reverses the denial, the license
or permit must be issued effective the first day of the month following the
committee's written decision. The executive committee's decision is a final
agency decision.
Subp.
3. [Repealed, 35 SR 1276; 35 SR 1528]
Subp. 4.
Contested case hearing for
denial of renewal application.
A licensed distributor, linked bingo game provider, or
manufacturer may appeal the denial of a renewal application.
A. To appeal the denial, the licensee must
file a written request for a contested case hearing with the board within 15
days of receiving notice that the application has been denied.
B. Upon receipt of the request, the board
must schedule a contested case hearing before an administrative law judge under
Minnesota Statutes, chapter 14.
C.
The hearing must be held no later than 30 days after the board receives the
request for the hearing unless the licensee and the board agree on a later
date.
D. If the licensee fails to
appear at the hearing after having been notified of it, the licensee is
considered in default and the proceeding may be determined against the licensee
on consideration of the written notice of denial, the allegations of which may
be considered to be true.
E. The
board must issue its final decision within 30 days after receipt of the
administrative law judge's report and subsequent exceptions and argument under
Minnesota Statutes, section
14.61.
The board may enter an order making the disposition that the facts
require.
F. If no hearing is
requested within 30 days of the service of the notice, the denial becomes
final.
