La. Admin. Code tit. 42 § III-113

Current through Register Vol. 50, No. 6, June 20, 2024

Section III-113 - Request for Permission to Reapply

A. A person who has been found unsuitable and/or whose license, permit, or approval has been revoked, in this state or in any other jurisdiction, may not apply for a license, permit, or approval or a finding of suitability for five years from the date there was a finding of unsuitability and/or the license, permit, or approval was revoked, unless the board allows the application for good cause shown.

B. Any request for permission to reapply pursuant to R.S. 27:28(E) and 27:431(D), shall be made to the board by the filing of a request for permission to reapply. Such request may not be made within one year from the date of the revocation and/or finding of unsuitability. If the request for permission to reapply is denied or is granted but the application is denied, another request for permission to reapply may not be filed within the five-year period of Subsection A of this Section and R.S. 27:28(E) and R.S. 27:431(D).

C. Good cause under R.S. 27:28(E) and 27:431(D) shall be considered on a case-by-case basis and shall be limited to cases in which:

1. the revocation and/or finding of unsuitability was the result of disqualification pursuant to R.S. 27:28(B)(2), and the prosecution or criminal charge on which the revocation was based did not result in a conviction or a plea of guilty or nolo contendere for any offense listed in R.S. 27:28(B)(1);

2. the basis for revocation or finding of unsuitability has been corrected or no longer exists due to one of the following exclusive reasons:

a. a person who was not current in the filing of all applicable tax returns and in the payment of all taxes, interest, and penalties owed to any local taxing authority(ies), the state of Louisiana, and the Internal Revenue Service has become current in such payments and filings;

b. a person required to submit to and meet suitability under R.S. 27:28(H) or 27:427(D) and who was declared unsuitable is no longer required, for any reason, to submit to and meet suitability in connection with the application intended to be filed by the person whose license or permit was revoked;

c. a person whose license or permit has been revoked for failure to submit annual affidavits and fees or other documents required to be submitted therewith, including any tax clearance certificate(s) required by the division or board, cures all such delinquencies by submission of all past due forms, fees, tax clearances, and other required documentation and pays all outstanding penalties imposed for such delinquencies;

3. the statutory or regulatory provision forming the basis for revocation and/or finding of unsuitability is repealed or modified, and the repeal or modification of the statutory or regulatory provision negates the grounds for revocation and/or finding of unsuitability.

D. A request filed under this Section must:

1. be in the form of a request for permission to reapply;

2. be in writing and submitted to the Louisiana Gaming Control Board;

3. be made by the person seeking to reapply for a license, permit, or approval which was previously revoked or by a person who was found unsuitable to participate in Louisianas gaming industry;

4. include a copy of the decision and order of revocation or finding of unsuitability;

5. include an explanation of how the grounds that were the basis for revocation or finding of unsuitability have been corrected or no longer exist. This must be supported by notarized or certified copies of documents which demonstrate that there is good cause pursuant to Subsection C to allow reapplication; and

6. comply with all requirements set forth in the request for permission to reapply, as well as this Section.

E. Person, as used in this Section, shall have the same meaning as defined in R.S. 27:3(22).

La. Admin. Code tit. 42, § III-113

Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 412176 (10/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 27:15 and 24.