C.M.R. 16, 633, ch. 66 - COMPLAINTS AND DISCIPLINARY ACTIONS
This rule establishes procedures for the investigation and resolution of complaints received by the Director. This rule should be read in conjunction with the statutory provisions for adjudicatory proceedings in the Maine Administrative Procedure Act. The rule helps to ensure that the investigation and resolution of complaints are handled in an expeditious and procedurally fair manner.
1. An operator must make contact information
for complaints and dispute resolution, as well as a link to the Gambling
Control Unit's website, readily accessible to sports wagering patrons through
the communication channel used to access the sports wagering system and
available through brochures and or signage at facility operator
locations.
2. Mobile operators
shall have a guest service link to resolve inquiries such as "password
reset".
3. Patrons must be able to
lodge complaints and disputes any time of the day and any day of the week.
Operators must respond to the complaint within 48 hours of receipt of the
initial complaint.
4. A sports
wagering operator shall attempt to resolve all patron disputes with a patron. A
sports wagering operator shall investigate each patron complaint and provide a
response to the patron within ten (10) business days and provide a copy of the
response to the Director. The response shall inform the patron of their right
to appeal the decision of the operator to the Director.
5. With a request for appeal from the patron,
the Director shall conduct whatever investigation is necessary and must
determine whether a different resolution shall be made. A Unit inspector may
investigate the dispute and shall report to the Director for a
decision.
6. The Director must
notify the operator and the patron in writing of the Director's decision
regarding the dispute, within ten (10) business days after the completion of
the investigation.
7. A patron or
operator aggrieved by the decision of the Director may appeal the decision to
the Commissioner of Public Safety for a final decision. After review, the
Commissioner shall issue a decision to uphold, modify or overrule the
Director's decision. In the case of appeal to the Commissioner, the patron or
operator must be afforded the opportunity for an adjudicatory hearing in
accordance with this chapter and the Maine Administrative Procedure Act at the
expense of the patron or operator, if applicable. A person aggrieved by the
final decision of the Commissioner may appeal the Commissioner's decision to
the Superior Court in accordance with Title 5, chapter 375, subchapter
7.
8. An operator must maintain
records of all correspondence relating to a patron's complaint and/or dispute
for a period of five years.
9. All
complaints that are submitted to the Director must be in writing. The Director
may initiate a complaint alleging any ground for disciplinary action.
10. The Director may investigate complaints
in accordance with
8 M.R.S.
§1205(3).
11. The Director may review all complaints
and investigative files.
12.
Sanctions under
8 M.R.S.
§1205(4) may be
proposed by the Director or imposed by the Commissioner after a
hearing.
13. If the Director
determines that the complaint is or may be true and the violation is of
sufficient gravity to warrant further action, the Director may take appropriate
action against an application or license in a written decision that informs the
operator, management services provider, or other licensee of the right to
appeal the decision to the Commissioner for a final decision in accordance with
8 M.R.S.
§1205(5).
A. The written decision shall state the
alleged violation, the statute or rule believed to have been violated, and the
proposed resolution, and shall inform the operator, management services
provider, or other licensee that the operator, management services provider, or
other licensee has the right to request a hearing before the
Commissioner.
B. Service of the
decision is complete upon mailing to the party or the party's attorney using
the last known address, or upon in-hand delivery to the recipient or the
recipient's office.
C. The
operator, management services provider, or other licensee must file a written
request for hearing within 30 days of receipt of the decision that informs the
operator, management service provider, or other licensee of the opportunity for
hearing. The request is considered filed when received by the Director by mail,
in-hand delivery or electronic mail.
D. Failure to make a timely request for
hearing shall be a waiver of any right to a hearing and may result in the
proposed action becoming final without further hearing, in accordance with
5 M.R.S.
§9053(3), if the notice
informed the operator, management services provider, or other licensee of the
possibility of default.
14. For each violation of Maine Revised
Statutes, Title 8, chapter 35, the rules adopted pursuant to that chapter, or
conditions of licensure, the Director may take one or more of the following
actions in accordance with Maine Revised Statutes, Title 8, chapter 35:
A. A written reprimand;
B. Issue a probationary license with
conditions;
C. Suspend a
license;
D. Revoke a license;
or
E. Impose a civil penalty of up
to $25,000.00 per violation of any provision of this chapter or rule adopted
pursuant to this chapter.
Notes
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