§ 17 §1842 — Investigations and actions on licenses and registrations; evidence

1.
Investigation.
The Gambling Control Unit shall investigate or cause to be investigated all complaints made to the unit and all violations of this chapter or the rules adopted pursuant to section 1843.
2.
Refusal to issue, modify or renew; modification; suspension; revocation.
Each of the following is grounds for an action to refuse to issue, modify or renew or to modify, suspend or revoke the license of a distributor licensed under this chapter:
3.
Gambling Control Unit.
The Gambling Control Unit may:
4.
Actions after notice and opportunity for hearing.
The Gambling Control Unit shall notify the applicant, registrant or licensee in writing, before a license or registration is denied, suspended or revoked pursuant to subsection 3, paragraph B, of the intended denial or commencement date of the suspension or revocation, which may not be made any sooner than 96 hours after the licensee's or registrant's receipt of the notice, of the duration of the suspension or revocation and of the right to a hearing pursuant to this subsection. The applicant, licensee, person registering or registrant has the right to request a hearing before the Commissioner of Public Safety or the commissioner's designee. Upon the request for a hearing, the Commissioner of Public Safety shall provide a hearing. The hearing must comply with the Maine Administrative Procedure Act. The purpose of the hearing is to determine whether a preponderance of the evidence establishes that the applicant, person registering, applicant's or registering person's agent or employee or the licensee, registrant or licensee's or registrant's agent or employee violated a provision of this chapter or Title 17‑A, chapter 39. A request for a hearing may not be made any later than 10 days after the applicant, licensee, person registering or registrant is notified of the proposed denial, suspension or revocation. The suspension or revocation must be stayed pending the hearing; the hearing may not be held any later than 30 days after the date the commissioner receives the request unless otherwise agreed by the parties or continued upon request of a party for cause shown.
5.
Immediate suspension or revocation.
A licensee or registrant whose license or registration is immediately suspended or revoked by the Gambling Control Unit pursuant to subsection 3, paragraph C must be notified in writing of the duration of the suspension or revocation and the licensee's or registrant's right to request a hearing before the Commissioner of Public Safety or the commissioner's designee. Upon the licensee's or registrant's request for a hearing, the Commissioner of Public Safety shall provide a hearing. The hearing must comply with the Maine Administrative Procedure Act. The purpose of the hearing is to determine whether a preponderance of the evidence establishes that the licensee, the registrant, the licensee's agent or employee or the registrant's agent or employee violated section 1832, subsection 8, paragraph C; section 1841, subsection 2; or a provision of Title 17‑A, chapter 39. A request for a hearing may not be made any later than 48 hours after the licensee or registrant is notified of the suspension or revocation. A hearing may not be held any later than 10 days after the date the commissioner receives the request.
5-A.
Imposition of fine and opportunity for hearing.
The Gambling Control Unit shall notify the licensee or registrant in writing that a fine is imposed pursuant to subsection 3, paragraph F and of the right to a hearing pursuant to this subsection. The licensee or registrant has the right to request a hearing before the Commissioner of Public Safety or the commissioner's designee. Upon the licensee's or registrant's request for a hearing, the Commissioner of Public Safety shall provide a hearing. The hearing must comply with the Maine Administrative Procedure Act. The purpose of the hearing is to determine whether a preponderance of the evidence establishes that the licensee or registrant or the licensee's or registrant's agent or employee violated a provision of this chapter or a rule of the Gambling Control Unit prescribed by authority of this chapter. A request for a hearing must be made no later than 10 days after the licensee or registrant is notified of the fine. The imposition of the fine must be stayed pending the hearing; the hearing must be held no later than 30 days after the date the Commissioner of Public Safety receives the request unless otherwise agreed to by the parties or continued upon request of a party for cause shown.
6.
Access to premises.
A person, firm, corporation, association or organization making application or registration to the Gambling Control Unit to conduct or operate a game under this chapter or any such person, firm, corporation, association or organization authorized under this chapter to conduct or operate a game shall permit inspection of any equipment, prizes, records or items and materials used or to be used in the conduct or operation of a game under this chapter by the Gambling Control Unit.

Legislative History

PL 2009, c. 487, Pt. A, §2 (NEW). PL 2017, c. 284, Pt. KKKKK, §29 (AMD). PL 2023, c. 578, §§7-11 (AMD).