Ohio Admin. Code 3772-50-28 - Sanctions
(A)
The commission may sanction any certified independent
skill-based amusement machine testing laboratory, licensee, applicant, or other
person subject to the requirements of this chapter for any of the
following:
(1)
Violating or failing to meet any provision or requirement of
Chapters 2915. and 3772. of the Revised Code or any rules adopted
thereunder;
(2)
Engaging in any misrepresentation or material
omission;
(3)
Engaging in any fraudulent act;
(4)
Failing to
cooperate with the commission;
(5)
Failing to comply
with all terms and conditions of a settlement agreement or agreed order with
the commission, and any subsequent amendments or modifications
thereto;
(6)
Failing to comply with the terms and conditions of a
commission order or resolution, and any subsequent amendments or modifications;
or
(7)
Engaging in any conduct that undermines the integrity
of skill-based amusement machine gaming or the public's confidence in
skill-based amusement machine gaming.
(B)
The commission
shall have the authority to impose any sanction set forth in Chapters 2915. and
3772. of the Revised Code and any rules adopted thereunder, including any of
the following:
(1)
Denial, non-renewal, revocation, suspension,
conditioning, or restriction of a license;
(2)
Revocation,
suspension, or restriction of the conduct or participation in the conduct of
skill-based amusement machine gaming in this state;
(3)
A monetary
fine;
(4)
A monetary civil penalty;
(5)
The forfeiture of
a skill-based amusement machine; or
(6)
Any other
sanction imposed upon or agreed to by a certified independent skill- based
amusement machine testing laboratory, licensee, applicant, or any other
person.
(C)
Without in any manner limiting the authority of the
commission to impose the level and type of sanction it may consider
appropriate, the commission may take into consideration:
(1)
The risk to the
public and the integrity of skill-based amusement machine gaming in this state
by the conduct of the certified independent skill-based amusement machine
testing laboratory, licensee, applicant, or other person;
(2)
Any criteria or
factor listed in Chapter 2915. or 3772. of the Revised Code and any rules
adopted thereunder; or
(3)
Any other factors the commission may consider
relevant.
(D)
Any skill-based amusement machine key employee licensee
whose employment has been terminated is subject to revocation of his or her
license for any act or failure to act that occurred while employed by a
skill-based amusement machine vendor, operator, or location.
(E)
If the alleged
violation is the result of or results in the unlawful obtainment or retention
of any money or property, the commission may, in addition to any other penalty
or fine levied under Chapters 2915. and 3772. of the Revised Code or any rules
adopted thereunder, impose a civil penalty or fine in an amount equal to the
money or value of the property that was unlawfully obtained or
retained.
(F)
The commission shall not be precluded from finding
multiple violations within a day, if each violation is the result of separate
and distinct acts.
(G)
The commission may hold applicants, licensees, or other
persons jointly and severally liable for violations of Chapters 2915. and 3772.
of the Revised Code and the rules adopted thereunder.
Notes
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03, 2915.01
Prior Effective Dates: 04/23/2018
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03, 2915.01
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