Current through Register Vol. 50, No. 9, September 20, 2024
A. Applicant
Suitability and Business Relationships. The office may deny an application or
revoke, suspend, restrict, or limit a permit or approval of a EBCDD or EBCDD
system when it is determined that the applicant or a business relationship
between an applicant and another person or business entity is unsuitable or
endangers the health, safety, or welfare of the citizens of this state. In
determining the suitability of an applicant or other persons or business
entities in a business relationship, the office may consider the following
factors relating to the person or business entity:
1. general character, including honesty and
integrity;
2. financial security
and stability, competency, and business experience in the capacity of the
relationship;
3. records, if any,
of violations that may affect the legal and proper operation of a machine
including a violation affecting another permittee or applicant and any
violation of the laws of this state, other states, and countries without
limitations as to the nature of the violation;
4. refusal to provide access to records,
information, equipment, or premises to the office or its authorized
representatives when access is reasonably necessary to ensure or protect public
health, safety, or welfare.
B. Approval of Electronic Bingo Card Dabber
Devices or Systems
1. The office may
conditionally approve and maintain a list of specific models of electronic
bingo card dabber devices (EBCDD) or EBCDD systems based on its finding that
the machines conform to
R.S.
4:739.
a.
Final approval of each EBCDD and EBCDD system is required even if the device or
system has been conditionally approved.
b. Conditional or final approval may be
withdrawn by the office if it is found that a device or system does not conform
to specifications and testing standards, including new or revised
requirements.
2. The
office may allow shipment of an EBCDD or EBCDD system for the purpose of
providing conditional approval of that make or model provided the following
conditions are met:
a. the office will not be
responsible for any purchase, shipping, or handling charges;
b. all information required by this Section
must accompany the EBCDD or EBCDD system; and
c. prior to shipment, the office has approved
shipment of an EBCDD or EBCDD system for scheduled testing and
approval.
3. If the
specifications are changed such that previously approved machines do not
comply, the office will allow a specified time for a permittee to bring an
EBCDD or EBCDD system into compliance.
C. Machine Repair. To assure the integrity,
security, and monitoring of EBCDD or EBCDD systems in service, a permitted
EBCDD or EBCDD system or any portion thereof must only be substituted or
replaced with identical software versions and/or hardware, which have been
previously approved by an independent testing laboratory and the office. This
provision does not apply to secondary components.
D. Inspection and Seizure of EBCDD or EBCDD
Systems
1. The office or its authorized
representative has the right at all times to make an examination of any EBCDD
or EBCDD system being used to play electronic bingo. The right of inspection
includes immediate access to all EBCDD or EBCDD systems and unlimited
inspection of all parts. The office or its authorized representative may
immediately seize and remove any machine or device that violates the law or
this Section. Emergency seizure is subject to a hearing as described in
R.S.
4:711.
2. Given reasonable cause, the office may
remove an EBCDD or EBCDD system or any parts for laboratory testing and
analysis. When parts are removed, the office may seal any EBCDD or EBCDD system
left on the permittee's premises pending the investigation. Breaking or removal
of the seal without approval, may subject the permittee to seizure of the
entire EBCDD or EBCDD system and suspension or revocation of the
permit.
E. Investigation
of Permittee. The office may, upon its own motion, and will, upon receipt of a
written verified complaint of any person, investigate the actions of any
permittee and the operations of any EBCDD or EBCDD system. The investigation
shall be undertaken for the purpose of gathering evidence and determining
whether a violation of the law, rules, or other statutes has
occurred.
F. Civil Violations
1. When the office determines a permittee has
violated the law or these rules, the office may issue a civil violation to the
permittee in an amount not less than $250 or more than $1,000. Violations may
be issued for each offense not in accord with these regulations. Each day of
operation in violation constitutes a separate violation.
2. A violation may be issued for the
following acts:
a. the operation in a bingo
game or possession of an unapproved EBCDD or EBCDD system;
b. the failure to report and pay timely the
fees assessed;
c. the falsification
of application or reporting documents; or
d. the refusal to allow inspection of the
EBCDD or EBCDD system.
G. Suspension and Revocation
1. The office may suspend any and all permits
held by an alleged violator after opportunity for hearing when:
a. the office receives a certified copy or
other credible evidence of a judgment or conviction of any permittee or the
permittee's agent, servant, or employee for any violation of any criminal law
or ordinance of the United States, the state of Louisiana, or any Louisiana
parish or town relating to charitable gaming;
b. the office receives a certified copy of
the record or other credible evidence of the forfeiture by any permittee or the
permittee's agent or employee of bond to appear to answer charges of violating
any law or ordinance relating to charitable gaming; or
c. the office, after investigation, has
reasonable cause to believe that any permittee, or the permittee's agent or
employee has violated the provisions of the law or these rules and has been
issued a violation or citation.
2. The office may suspend a permit or permits
prior to the opportunity for hearing when the office, after investigation, has
reasonable cause to believe continued operation of the permitted machine
endangers public health, safety, and welfare. During the period of suspension,
the permittee may not operate the EBCDD or EBCDD system.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
4:711 and
739.
