Bingo Hearings

PURPOSE: This rule sets forth procedures for hearings related to bingo applicants and licensees. (1) A person whose application for a bingo license has not been granted for failing to establish suitability to hold a license or against whom a disciplinary action has been initiated, including action to place the person’s name on the List of Ineligible Persons (List), may request a hearing under this chapter. The rules in this chapter shall be read together with Chapter 536, RSMo. (2) The commission may authorize the director to investigate and make the initial finding of unsuitability or to issue a proposed order for disciplinary action with regard to any applicant for, or holder of, a license of the type that may be issued by the director pursuant to 11 CSR 45-30.065(3). The commission may also authorize the director to investigate and make the initial finding of ineligibility and to initiate proceedings to place a person on the List pursuant to 11 CSR 45-30.580. (3) Whenever the commission finds an applicant unsuitable or ineligible for licensing, the commission shall notify the licensee or applicant in writing outlining the reasons for the finding. This notice shall be sent to the party’s last known address by certified mail, return receipt requested, or by another means of personal service. (4) When notified of facts sufficient to support disciplinary action against a bingo licensee under the applicable statutes or rules, the commission may propose disciplinary action against a licensee. If the commission proposes disciplinary action, it shall notify the licensee of the proposed disciplinary action, in writing, outlining the reasons for the proposed discipline. This notice shall be sent to the party’s last known address by certified mail, return receipt requested, or by another means of personal service. (5) Any licensee who receives a notice of commission action shall respond to the commission within thirty (30) days of the date the notice is mailed from the commission. (A) If the licensee does not respond to the commission within thirty (30) days of the date the notice is mailed, the commission may petition the Administrative Hearing Commission (AHC) for findings of fact and conclusions of law to support unsuitability, ineligibility, or discipline. (B) If the licensee responds to the commission within thirty (30) days of the date the notice is mailed, the commission may take any action it deems appropriate, including, but not limited to, dismissing the matter, initiating settlement negotiations pursuant to 11 CSR 45-13.065, or petitioning the AHC for findings of fact and conclusions of law to support unsuitability, ineligibility, or discipline. (6) Hearings before the AHC shall be governed by Chapter 536, RSMo and the rules in 1 CSR 15-3. The AHC shall, after opportunity for hearing, issue findings of fact and conclusion of law and refer the matter back to the commission. (A) If the AHC does not find a factual basis to support the notice of commission action, the matter will be dismissed and no action will be taken against the licensee. (B) If the AHC issues its findings of fact and conclusions of law supporting cause to discipline, the case will be returned to the commission to convene a hearing to consider and determine the appropriate disciplinary action, and enter a final order. (7) Upon receiving findings of fact and conclusions of law supporting cause to discipline from the AHC, the commission shall set the matter for a hearing pursuant to 11 CSR 45-13.030 before the commission’s hearing officer in accordance with this chapter. The notice of hearing shall be in writing and shall notify the licensee of the time and place of the hearing, unless a waiver of hearing is filed by the licensee or the parties reach a settlement, negating the need for a hearing. Service of the hearing notice shall be sent by mail to the party’s last known address. (8) Following the hearing, the hearing officer shall make a recommendation of discipline or other action to the commission as authorized and set forth by 11 CSR 45-13.020. AUTHORITY: sections 313.004, 313.015, 313.052, 313.065, 621.045, and 621.110, RSMo 2016.* Original rule filed June 30, 2003, effective Feb. 29, 2004. Amended: Filed June 25, 2015, effective Feb. 29, 2016. Amended: Filed June 30, 2016, effective Feb. 28, 2017. *Original authority: 313.004, RSMo 1993, amended 1994, 2014; 313.015, RSMo 1981, amended 1983, 1993, 1994, 1996, 2010; 313.052, RSMo 1994; 313.065, RSMo 1981, amended 1993, 1995; 621.045, RSMo 1965, amended 1978, 1995, 2005, 2007, 2011; and 621.110, RSMo 1965, amended 1978, 2006, 2011.