36.08.03.04

.04 Sanctions.

A. The Director may impose sanctions on an amusement gaming licensee for:

(1) Violating or failing to fulfill the licensee’s responsibilities or a condition of a license under this subtitle;

(2) Violating:

(a) A provision of law;

(b) A regulation adopted under law; or

(c) An order or directive of the Commission;

(3) Providing the Commission with false or misleading information;

(4) Failing to cooperate with the Commission;

(5) Failing to prepare, submit, or implement an adequate corrective action plan under Regulation .03C of this chapter; or

(6) Other activities or action deemed by the Director to require the imposition of a sanction.

B. Types of Sanctions. Sanctions may include emergency suspension, suspension, revocation, and placement of conditions on the amusement gaming license.

C. Suspension, Revocation and Conditions.

(1) Except as set forth in §D of this regulation, the Director shall give the amusement gaming licensee notice of the intended suspension, revocation, or imposition of a condition at least 15 days before the imposition of the intended sanction.

(2) A licensee may appeal the Director’s imposition of a sanction before the date the sanction is imposed by submitting a request for a hearing before the Commission.

(3) The final action on a sanction is subject to judicial review as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

D. Emergency Suspension.

(1) Notwithstanding any other requirement of this chapter, if the Director determines that immediate action is necessary to protect against an imminent, serious threat by an amusement gaming licensee to the security, financial stability, reputation or integrity of the State, the Director may suspend a license without prior notice.

(2) If the Director emergently suspends a license, the Director shall provide the licensee with written notice that includes:

(a) A statement of the authority upon which the suspension is based;

(b) The nature of the violation;

(c) The duration of suspension;

(d) Information about the licensee’s obligation to submit to the Agency a corrective action plan; and

(e) A statement of the licensee’s right to request a Commission hearing.

(3) If after a license is emergently suspended, the licensee does not submit a timely written request for a Commission hearing, the Director may move to revoke the license by giving the licensee notice under §C(1) of this regulation.