Connecticut Administrative Code
Title 12 - Taxation
574-E - Licensing and Disclosure
Section 12-574-E6 - Regulation of licensees, penalties
Universal Citation: CT Reg of State Agencies 12-574-E6
Current through September 9, 2024
(a) Association licensees.
(1) The
board shall have the right to deny any application for a license for good
cause, and the action of the board shall be final subject to subsection (e) (4)
below of this section.
(2) If a
license is granted, the board shall have the authority to fine said licensee in
an amount not to exceed seventy-five thousand dollars, and suspend or revoke
its license after a hearing held in accordance with Chapter 54 of the
Connecticut General Statutes for good cause for any one of the following
reasons:
(A) If a licensee makes any material
false or misleading statement in any information filed with the board or the
division.
(B) If a licensee fails
to meet its financial obligations in a substantial manner.
(C) If the licensee or its affiliates violate
the provisions of the act or the rules and regulations adopted pursuant
thereto.
(D) If there has been a
material change in the character and reputation of the person identified with
the undertaking which the board determines is not in the best interests of the
legalized gambling industry and the state of Connecticut.
(E) If the licensee fails to conduct
performances during any day of its meeting without good cause.
(b) Association affiliate licenses.
(1) The board shall
have the right to reject any applican for a license for good cause, and the
action of the board shall be final subject to subsection (e) (4) below of this
section.
(2) If a license is
granted, the board shall have the authority to fine said licensee in an amount
not to exceed seventy-five thousand dollars, and suspend or revoke its license
after a hearing held in accordance with Chapter 54 of the Connecticut General
Statutes for good cause for any one of the following reasons:
(A) If a licensee makes any material false or
misleading statement in any information filed with the board or the
division.
(B) If a licensee fails
to meet its financial obligations in a substantial manner.
(C) If the licensee violates the provisions
of the act or the rules and regulations adopted pursuant thereto.
(D) If there has been a material change in
the character and reputation of the persons identified with the licensee which
the board determines is not in the best interests of the legalized gambling
industry and of the state of Connecticut.
(3) In accordance with Section
12-574(m)
of the Connecticut General Statutes and Section
12-574-E6(a)
(2) (C) of these Rules of Licensing and Disclosure, the board may impose
authorized penalties upon an association licensee for violations of the
provisions of the act or the regulations promulgated thereunder by such
association licensee's affiliate.
(c) Totalisator, concessionaire, vendor, and their affiliate licensees.
(1) The executive director or his designee
may reject for good cause an application for a license.
(2) If a license is granted the executive
director shall have the authority for good cause to fine said license in an
amount not to exceed two thousand five hundred dollars and he or any unit head
authorized by him may suspend or revoke any license issued by the executive
director after a hearing held in accordance with Chapter 54 of the Connecticut
General Statutes for good cause for any one of the following reasons:
(A) If a licensee makes any material false or
misleading statement in any information filed with the board or the
division.
(B) If a licensee fails
to meet its financial obligations in a substantial manner.
(C) If the licensee or its affiliates violate
the provisions of the act or the rules and regulations adopted pursuant
thereto.
(D) If there has been a
material change in the character and reputation of the persons identified with
the undertaking which the board determines is not in the best interests of the
legalized gambling industry and state of Connecticut.
(d) Occupational licensees.
(1) The executive director
or his designee may reject for good cause an application for a
license.
(2) If a license is
granted:
(A) The stewards or judges of a
meeting shall have the authority to impose upon class I occupational licensees
for good cause for infractions within their jurisdiction a fine of up to five
hundred dollars and to suspend for good cause for infractions within their
jurisdiction for not more than sixty days the license of a class I occupational
licensee under their jurisdiction following a hearing. Notwithstanding the
foregoing, the division, through its executive director, reserves the right to
assume initial jurisdiction of any matter coming within the purview of the
stewards or judges of a meeting.
(B) The executive director shall have the
authority for good cause to find any occupational licensee in an amount not to
exceed two thousand five hundred dollars and he or any unit head authorized by
him may suspend or revoke any occupational license after a hearing held in
accordance with Chapter 54 of the Connecticut General Statutes for good cause
for any one of the following reasons:
(i) If a
licensee makes any material false or misleading statement in any information
filed with the board or the division.
(ii) If the licensee violates the provisions
of the act or the rules and regulations adopted pursuant thereto.
(iii) If there has been a material change in
the character and reputation of the licensee which the executive director
determines is not in the best interest of the state of Connecticut.
(C) If the board or the executive
director finds that public health, safety, or welfare imperatively requires
emergency action, and incorporates a finding to that effect in its order,
summary suspension of a license may be ordered pending proceedings for
revocation or other action. These proceedings shall be promptly instituted and
determined by the board or the executive director.
(e) Right of petition and appeal.
(1) Any class I occupational
licensee aggrieved by the imposition of a penalty by the stewards or judges of
a meeting may petition the division for a hearing de novo conducted in
accordance with Chapter 54 of the Connecticut General Statutes. The petition
shall be submitted in writing to the division within three (3) days of official
notice of the stewards' or judges' decision. The taking of a petition to the
division shall automatically stay any penalty imposed by the stewards or
judges.
(2) Any applicant aggrieved
by the action of the executive director concerning an application for a license
is entitled to a hearing before the executive director held in accordance with
Chapter 54 of the Connecticut General Statutes. The aggrieved party may demand
such a hearing or the executive director, on his own motion, may require that
such a hearing be held. The executive director may permit a decision of his
regarding a license application to be appealed directly to the board without
the holding of an evidentiary hearing before him. The board reserves the right,
however, to remand such a direct appeal to the executive director for an
evidentiary hearing.
(3) Any person
or business organization fined by the executive director, any licensee whose
license is suspended or revoked by the executive director or an authorized unit
head, or any applicant aggrieved by the action of the executive director
concerning an application for a license may appeal to the board in accordance
with Section
12-574(j)
of the Connecticut General Statutes not later than fifteen days after the
mailing or hand delivery by division personnel of the decision.
(4) Any person or business organization
aggrieved by an action of the board may appeal such decision to the Superior
Court in accordance with Section
4-183 of
the Connecticut General Statutes.
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