09.10.05.06

.06 Grounds for Denial and Sanctions.

A. The Commission may deny a permit to an applicant for a satellite simulcast betting permit, or may suspend or revoke a satellite simulcast betting permit, if:

(1) An applicant or permit holder:

(a) Has violated an applicable provision of law,

(b) Has violated a regulation of the Commission, or

(c) Has not complied with a condition imposed by the Commission;

(2) The Commission determines that the:

(a) Information it obtains pursuant to Regulations .02-----.05 of this chapter does not justify the granting or renewal of a permit, or

(b) Permit holder has not maintained the satellite simulcast betting facility or its operation in a manner consistent with the information the Commission relied upon in granting the permit.

B. Instead of, or in addition to, suspending a permit, the Commission may impose a fine not exceeding $5,000 for each day a violation occurs.

C. In determining the penalty to be imposed, the Commission shall consider the:

(1) Seriousness of the violation;

(2) Harm caused by the violation;

(3) Good faith or lack of good faith of the permittee; and

(4) Operational history of the permittee.