11 CSR 45-13.054 - Fantasy Sports Contest Hearings
PURPOSE: This rule sets forth procedures for hearings related to Fantasy Sports Contest applicants and licensees.
(1) A person whose application for a fantasy
sports contest operator license has been denied or against whom a disciplinary
action has been initiated may request a hearing under this chapter. The rules
in this chapter shall be read together with Chapter 536, RSMo.
(2) The commission may authorize the director
to investigate and make the initial finding of unsuitability or to issue a
proposed order for disciplinary action with regard to any applicant for, or
holder of, a license of the type that may be issued by the director pursuant to
11 CSR 45-40.
(3) Whenever the
commission finds an applicant unsuitable or ineligible for licensing, the
commission shall notify the applicant in writing outlining the reasons for the
finding. This notice shall be sent to the party's last known address by
certified mail, return receipt requested, or by another means of personal
service.
(4) When notified of facts
sufficient to support disciplinary action against a fantasy sports contest
operator licensee under the applicable statutes or rules, the commission may
propose disciplinary action against a licensee. If the commission proposes
disciplinary action, it shall notify the licensee of the proposed disciplinary
action, in writing, outlining the reasons for the proposed discipline. This
notice shall be sent to the party's last known address by certified mail,
return receipt requested, or by another means of personal service.
(5) Any licensee who receives a notice of
commission action shall respond to the commission within thirty (30) days of
the date the notice is mailed from the commission.
(A) If the licensee does not respond to the
commission within thirty (30) days of the date the notice is mailed, the
commission may petition the Administrative Hearing Commission (AHC) for
findings of fact and conclusions of law to support unsuitability,
ineligibility, or discipline.
(B)
If the licensee responds to the commission within thirty (30) days of the date
the notice is mailed, the commission may take any action it deems appropriate,
including, but not limited to, dismissing the matter, initiating settlement
negotiations pursuant to
11 CSR 45-13.065, or
petitioning the AHC for findings of fact and conclusions of law to support
unsuitability, ineligibility, or discipline.
(6) Hearings before the AHC shall be governed
by Chapter 536, RSMo and the rules in 1 CSR 15-3. The AHC shall, after
opportunity for hearing, issue findings of fact and conclusion of law and refer
the matter back to the commission.
(A) If the
AHC does not find a factual basis to support the notice of commission action,
the matter will be dismissed and no action will be taken against the
licensee.
(B) If the AHC issues its
findings of fact and conclusions of law supporting cause to discipline, the
case will be returned to the commission to convene a hearing to consider and
determine the appropriate disciplinary action, and enter a final
order.
(7) Upon
receiving findings of fact and conclusions of law supporting cause to
discipline from the AHC, the commission shall set the matter for a hearing
pursuant to
11 CSR
45-13.030 before the commission's hearing officer in
accordance with this chapter. The notice of hearing shall be in writing and
shall notify the licensee of the time and place of the hearing, unless a waiver
of hearing is filed by the licensee or the parties reach a settlement, negating
the need for a hearing. Service of the hearing notice shall be sent by mail to
the party's last known address. Following the hearing the hearing officer shall
make a recommendation of discipline or other action to the commission as
authorized and set forth by
11 CSR
45-13.020.
Notes
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