Tenn. Comp. R. & Regs. 1350-02-.02

Current through January 8, 2025

Section 1350-02-.02 - DENIAL OF APPLICATION FOR LICENSE OR REGISTRATION

(1) The Council, upon recommendation by the Executive Director or a committee of the Council, may deny a License or Registration if the Applicant has failed to meet the qualifications for a License or Registration in accordance with the Sports Gaming Act or the Rules.

(2) Any Applicant whose application has been denied by the Council, shall have a right to request reconsideration of the Council's decision in accordance with this Chapter.

(3) If the Council issues a denial, the Executive Director will deliver, or cause to be delivered, to the Applicant a written Notice of Denial sent by certified U.S. mail or national delivery service to the Applicant's address on file with the Council and by e-mail to the contact Person for the Applicant on file with the Council. At that time, the Applicant will also be provided with written notice of the process for requesting reconsideration of the Council's decision.

(4) If the Applicant's request for reconsideration is successful, a License or Registration will be approved by the Council, as applicable. If the request for reconsideration is unsuccessful, the Applicant may request judicial review of the Council's decision to deny the License or Registration. Such appeals must be filed with the Chancery Court of Davidson County, Tennessee.

(a) The Chancery Court shall hear appeals based on the record of the proceedings before the Council.

(b) The Chancery Court may reverse the decision of the Council only if the appellant proves the decision of the Council to be:

1. Clearly erroneous;

2. Arbitrary and capricious;

3. Procured by fraud;

4. A result of substantial misconduct by the Council; or

5. Contrary to the United States Constitution, the Constitution of Tennessee, or the Sports Gaming Act.

(c) The Chancery Court may remand an appeal to the Council to conduct further hearings.

Tenn. Comp. R. & Regs. 1350-02-.02

Emergency rules filed December 22, 2021 to become effective January 1, 2022; effective through June 30, 2022. New rules filed March 22, 2022; effective 6/20/2022.

Authority: T.C.A. §§ 4-49-106, 4-49-115, 4-49-117, and 4-49-128.