Code of Massachusetts Regulations
961 CMR - STATE LOTTERY COMMISSION
Title 961 CMR 3.00 - Beano Regulations
Section 3.06 - Hearings

(a) Hearing Officer. Hearings before the Commission shall be conducted by the Director or a duly designated hearing officer, except as provided in 961 CMR 3.06(2).

(b) Time. Hearings shall be conducted within ten days of the receipt of a written request for a hearing signed by an officer of the Licensed Organization or the member in charge of Beano games.

(c) Open to Public. Hearings shall be open to the public.

(d) Notice of Hearing. Notice of hearing shall be sent by the Director by registered or certified mail to the Licensed Organization at the mailing address shown on the original or renewal application and the member in charge's home address not less than five days prior to the date set forth on said notice for the holding of said hearing unless the Director, in his discretion shall shorten the time fixed herein.

(e) Persons Who May Appear. Any person aggrieved by or interested in the action of the Commission may appear and be heard in person or by duly appointed representative and may produce under oath evidence relevant and material to the issue in question. A duly authorized representative of the Licensed Organization must appear in person on the date set forth in the notice of hearing and on all adjourned dates. The failure of a qualified representative of the Licensed Organization to appear will result in a forfeiture of the right to further proceedings under 961 CMR 3.06.

(f) Duties of Hearing Officer. The person conducting the hearings shall rule on matters of procedure and the introduction of evidence and shall otherwise conduct the hearing in such manner as to preserve fundamental concepts of fairness and to effectuate the purposes and provisions of the Beano Law. At the conclusion of the hearings conducted by a hearing officer, he shall make written findings in support of his decision. The Licensed Organization and the Commission shall be notified immediately in writing of the decision.

(g) Rules of Evidence Not Applicable. The rules of evidence governing proceedings in courts of the Commonwealth shall not be rigidly enforced in hearings held under 961 CMR 3.06(1).

(h) Immediate Suspension or Revocation Allowed. Nothing in 961 CMR 3.06(1) shall prevent the denial, suspension or revocation of any license at any time by the Commission or the Director prior to a hearing.