Rights of Licensee to Request a Hearing

Rights of Licensee to Request a Hearing. (a) Any corporation, person, organization or entity holding a license under the Charitable Bingo Laws, that is aggrieved by any order, decision or other act of the Commission with respect to that license may petition the Commission, in writing, for a hearing thereon. Such petition must be filed with the Commission no later than ten (10) days after receiving notice of the Commission’s action. The Commission may set a time and place for the hearing and shall notify the petitioner of the time and place fixed for the hearing. After the hearing, the Commission may make such order in the matter as it may deem just and lawful and shall furnish a copy of the order to the affected licensee. (b) The Commission, at its option, may assign a hearing examiner to hear any matter for which a petition for a hearing has been made. The hearing examiner shall take the evidence and render a recommended decision to the Commission. The record made before the hearing examiner, as well as the recommended decision, shall be forwarded to the Commission for a final decision. No new evidence shall be presented to the Commission. Any licensee aggrieved by the decision of the hearing examiner may, no later than fifteen (15) days after the announcement of the decision, apply in writing to the Commission for review of the decision. The Commission may either grant or deny the application for review. If granted, review is limited to the record of proceedings before the hearing examiner. The Commission may sustain, modify, or reverse the hearing examiner’s decision. The hearing examiner’s decision becomes the final decision of the Commission unless reversed by the Commission. (c) No license issued under the Charitable Bingo Law shall be revoked, nor any fine assessed against a licensee, until after a hearing is held after due notice. (d) Any licensed corporation, person, organization or entity aggrieved by the final decision of the Commission may obtain a judicial review thereof in the circuit court of the county in which the bingo games are conducted. The judicial review must be instituted by filing a petition within ten (10) days after the decision is rendered. (e) In any hearing before the Commission or the hearing examiner, the burden of proof shall be on the licensee to show compliance with the Charitable Bingo Act and the rules promulgated thereunder.