Md. Code Regs. 36.03.02.16

Current through Register Vol. 51, No. 12, June 14, 2024

Section 36.03.02.16 - Denial of a License

A. Denial of a Video Lottery Employee, Manufacturer, or Contractor License.

(1) In addition to the hearing requirements in §B of this regulation, the following process shall precede a hearing on the denial of a video lottery employee, manufacturer, or contractor license.

(2) After reviewing an application submitted for a video lottery employee, manufacturer, or contractor license, the Director may recommend that the Commission deny the application of an applicant who:

(3) If the Director recommends that the Commission deny a video lottery employee, manufacturer, or contractor license, the Director, or the Director's designee, shall promptly provide the applicant with written notice of the:

(a) Recommendation for denial;

(b) Basis for the recommendation; and

(c) Applicant's right to request a reconsideration meeting with the Director or the Director's designee.

(4) An applicant may submit to the Commission a written request for a reconsideration meeting within 15 days of the date of the notice described in §A(3) of this regulation.

(5) If an applicant fails to timely submit a request under §A(4) of this regulation, the Commission may adopt as final the recommendation of the Director or the Director's designee.

(6) During a reconsideration meeting, an applicant may:

(a) Be represented by counsel; and

(b) Present evidence as to why the license should be granted;

(7) If after the reconsideration meeting the applicant is dissatisfied with the recommendation of the Director or the Director's designee, the applicant may submit to the Commission, in writing:

(a) A request for hearing before the Commission on the recommendation of the Director or the Director's designee; and

(b) The applicant's legal and factual bases for disagreeing with the recommendation of the Director or the Director's designee.

(8) An applicant may submit a hearing request to the Commission within 15 days of the date of the recommendation of the Director or the Director's designee after the reconsideration meeting.

(9) If an applicant fails to timely submit a written hearing request under §A(8) of this regulation, the Commission may adopt as final the recommendation of the Director or the Director's designee.

(10) Upon receipt of a timely written hearing request, the Director shall provide the applicant a hearing notice for a hearing before the Commission.

(11) The Director's hearing notice, and the Commission hearing at which the recommended denial will be considered, shall comply with the requirements of COMAR 36.01.02.06.

(12) The Commission shall:

(a) Grant the license after determining that the applicant is qualified; or

(b) Deny the license after determining that the applicant:

(i) Is not qualified or is disqualified; or

(ii) Has violated a provision described in §A(2)(b) of this regulation.

(13) Following a hearing at which a license is denied, the Commission shall:

(a) Prepare an order denying the license with a statement of the reasons and specific findings of fact; and

(b) Provide the applicant with written notification of its final action.

B. The Commission's final action on a license denial is subject to judicial review as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Md. Code Regs. 36.03.02.16

Regulations .16 adopted as an emergency provision effective 40:6 Md. R. 470, eff.3/1/2013 ; emergency action expired effective July 20, 2013
Regulations .16 adopted effective 40:16 Md. R. 1347, eff.8/19/2013 ; amended effective 43:5 Md. R. 388, eff.3/14/2016; amended effective 50:26 Md. R. 1130, effective 12/12/2023, exp. 6/9/2024 (Emergency); amended effective 51:10 Md. R. 529, eff. 5/27/2024.