Regulation .06 Hearings.
Regulation .06 Hearings.LinkCopy Citation
A.
The Commission shall conduct a hearing in order to:
(1)
Deny an amusement gaming license;
(2)
Suspend an amusement gaming license; or
(3)
Revoke an amusement gaming license.
B.
Denial of an Amusement Gaming License.
(1)
After reviewing an application submitted under this chapter, the Agency may recommend that the Commission deny an amusement gaming license.
(2)
If the Agency recommends that the Commission deny a license, the Agency shall promptly provide the applicant with written notice of the:
(a)
Recommendation for denial;
(b)
Basis for the recommendation; and
(c)
Applicant’s right to request a reconsideration meeting with the Agency.
(3)
An applicant may submit to the Agency a written request for a reconsideration meeting within 15 days of the date of the notice described in §B(2) of this regulation.
(4)
If an applicant fails to timely submit a request under §B(3) of this regulation, the Commission may adopt as final the recommendation of the Agency.
(5)
During a reconsideration meeting, an applicant may:
(a)
Be represented by counsel; and
(b)
Present evidence as to why the amusement gaming license should be granted;
(6)
If after the reconsideration meeting the applicant is dissatisfied with the recommendation of the Agency, the applicant may submit to the Commission, in writing:
(a)
A request for hearing before the Commission on the recommendation of the Agency; and
(b)
The applicant’s legal and factual bases for disagreeing with the recommendation of the Agency.
(7)
An applicant may submit a hearing request to the Commission within 15 days of the date of the recommendation of the Agency after the reconsideration meeting.
(8)
If an applicant fails to timely submit a hearing request under §B(6) of this Regulation, the Commission may adopt as final the recommendation of the Agency.
(9)
A hearing request that complies with §B(6) of this regulation shall be the subject of a hearing before the Commission under COMAR 36.01.02.06, after which the Commission shall:
(a)
Determine that the applicant is qualified and grant an amusement gaming license; or
(b)
Determine that the applicant is not qualified or disqualified; and
(i)
Deny the amusement gaming license; and
(ii)
Prepare an order denying the amusement gaming license with a statement of the reasons and specific findings of fact.
(10)
The applicant shall have the burden to show by clear and convincing evidence it is qualified to hold an amusement gaming license.
(11)
The Commission’s decision is final.
C.
A Commission hearing shall be conducted in the manner specified in:
(1)
State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; and
(2)
COMAR 36.01.02.06.