Mich. Admin. Code R. 432.21111 - Summary suspension proceedings
Rule 111.
(1) To
advance the public policy of prohibition against all gambling activities not
conducted in strict conformance with expressed legislative exceptions,
including the regulatory framework established by the act, the commissioner may
summarily order the suspension of a license as provided by section 16(1) of the
act and in accordance with section 92 of the Administrative Procedures Act,
upon a determination that any 1 or more of the following circumstances exist:
(a) The licensee has obtained the license by
fraud, misrepresentation, or concealment.
(b) The decision to issue the license was a
product of a material mistake of law or fact.
(c) The licensee or lessor has engaged in an
act, practice, or course of conduct that would operate as a fraud or deceit on
a person or persons, or has employed a device, scheme, or artifice to defraud a
person or persons.
(d) The licensee
or lessor has repeatedly violated, or repeatedly failed or refused to comply
with, any of the provisions, requirements, limitations, or duties imposed by
the act, these rules, terms of probation, directives of the bureau, public
policy of the state of Michigan, or any other local, state, or federal law or
regulation after having been previously notified by the bureau that a violation
or violations of the same or similar provisions had been, or were being,
committed by the licensee or lessor.
(e) The licensee, lessor, or any owner,
shareholder of the privately held corporation, partner, officer, or agent of
the licensee has been charged with or convicted of a violation of the
act.
(f) The licensee or lessor has
or there is reasonable cause to believe the licensee or lessor engaged in
illegal gambling, or a fraud or larceny offense.
(g) That the immediate cessation of the
licensed gaming event by the licensee is necessary for the protection or
preservation of the welfare of the community within which these activities are
being conducted, or for the protection or preservation of public policy of the
state of Michigan, or any other local, state, or federal law or regulation
respecting unlawful gaming activity.
(2) If the commissioner summarily suspends a
license, then the licensee shall be afforded a prompt hearing before the bureau
on the question forming the basis of the suspension of the license.
Notes
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