Louisiana Administrative Code
Title 42 - LOUISIANA GAMING
Part XV - Lottery
Chapter 11 - Lottery Sports Wagering
Subchapter C - Qualification and Suitability Standards
Section XV-1131 - Appeals
Universal Citation: LA Admin Code XV-1131
Current through Register Vol. 50, No. 9, September 20, 2024
A. The procedures stated in this section apply to an appeal of a corporation determination by a permittee or a person seeking a permit under these rules and the Act.
1. Prior to making an appeal, an appellant
must send the president a request letter stating the action of which the
appellant seeks modification and all reasons the appellant advances for
modification. The request letter must state the appellant's name and address,
must enclose copies of all documents relevant to the request and must be signed
by the appellant. The appellant must represent that all facts stated in the
request letter are correct to the best knowledge of the appellant. The
president shall respond to the request letter in writing within 10 days of the
corporation's receipt of it, stating all reasons for the response.
2. An appellant may appeal the president's
denial of all, or any part of the appellant's request stated in the appellant's
request letter by sending the president a notice of appeal. The notice of
appeal shall be effective only if it is in writing, states the substance and
basis of the appeal, and is received by the corporation within 10 days of the
appellant's receipt of the president's letter denying the appeal. The notice
may request that the hearing be expedited, provided that such a request shall
constitute an undertaking by the appellant to pay the costs assessable by the
board. Upon receipt of a notice of appeal, the president shall deliver the
notice, the appellant's request letter and the president's denial letter to the
board.
3. The board shall consider
the appeal at its next regular meeting to occur five or more days after receipt
of the notice of appeal. The hearing shall be conducted in accordance with the
provisions of the Administrative Procedure Act. The chairman may call a special
meeting of the board to hear an appeal if the appellant has requested an
expedited hearing and the chairman in his or her sole discretion believes that
the appeal warrants an expedited hearing. The president shall give the
appellant reasonable notice of the time and location of the board meeting. The
appellant shall be permitted to present the appeal orally for a time period
determined by the board. The presentation may not include points or subjects
which were not included in the appellant's request letter. The corporation
shall keep a complete record of the hearing and shall make it available to the
appellant. The board shall render its decision on the appeal by majority vote
within five days after conclusion of the hearing.
4. If the appellant requested an expedited
hearing, the board conducts the hearing at a special meeting, and the board
denies the appeal, the board may charge the appellant the corporation's
reasonable costs incurred in connection with the special meeting, including any
travel and per diem expenses.
AUTHORITY NOTE: Promulgated in accordance with R.S. 47:9001 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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