La. Admin. Code tit. 42 § III-2508

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

Section III-2508 - Notice of Significant Regulatory Violation; Application of Sanction to Transferee

A. In the event the division institutes an administrative action against a licensee, permittee, casino operator or casino manager which involves an alleged significant violation of the Act or rules, the division may, at the time of instituting the action or any time thereafter, file a notice of significant violation in accordance with the terms of this Section. The filing of the notice of significant violation shall serve as actual and constructive notice of the pending proceeding to any person and bind them in accordance with Subsection C of this Section.

B. The division may apply to the hearing officer for the issuance of a notice of significant violation. A notice of significant violation shall issue upon written application of the division specifying facts establishing that there are reasonable grounds to believe that the licensee, permittee, casino operator or casino manager has violated the Act or rules and that such alleged violation could lead to a civil penalty or the suspension or revocation of any license or permit or the termination of any contract. If accepted by the hearing officer as complying with the terms of this Section, the notice of significant violation shall be filed with the board which shall maintain a separate notice of significant violation index as a public record.

C. Any sale, assignment, transfer, pledge or other disposition of an ownership or economic interest in a licensee, permittee, casino operator or casino manager that takes place after the filing of the notice of significant violation shall render the transferee responsible and subject to any sanction subsequently imposed upon the licensee, permittee, casino operator or casino manager based upon any conduct described in the notice of significant violation.

D. If, after hearing, there is a determination that the grounds for the notice of the significant violation do not exist, the notice of significant violation shall be canceled and be of no effect.

E. Nothing herein shall be construed to limit the division or board with respect to any other right or remedy provided by the Act or rules.

La. Admin. Code tit. 42, § III-2508

Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 38:1626 (July 2012).

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