58 Pa. Code § 403a.7 - Temporary emergency orders
(a)
Upon request of the Office of Enforcement Counsel in accordance with subsection
(d), a temporary emergency order may be issued by the Executive Director of the
Board or the Executive Director's designee. A temporary emergency order may be
issued without a hearing and without advanced notice in accordance with this
section.
(b) A temporary emergency
order may be issued to do one of the following:
(1) Suspend a license, certification, permit
or registration.
(2) Temporarily
exclude a person from a licensed facility pending Board action on an underlying
petition for exclusion.
(3) Direct
that a person cease and desist engaging in specific conduct.
(c) A temporary emergency order
may be issued if there is insufficient time to provide notice and hearing prior
to suspension or exclusion; emergency suspension or exclusion is necessary to
preserve the public health, welfare or safety, or the integrity of gaming in
this Commonwealth; and the Executive Director has determined that one of the
following has occurred:
(1) A person holding a
license, certification, permit or registration issued by the Board has been
charged with or convicted of a felony, a criminal gaming offense, or crime of
dishonesty or false statement or other offense that would make the person
ineligible or unsuitable to hold a license, permit, certification or
registration.
(2) A person meets
one or more of the criteria for exclusion or ejection under §
511a.3 (relating to criteria for
exclusion or ejection).
(3) The
action is necessary to prevent or cure a violation of any provision of the act,
this part or other Federal or State laws or regulations.
(d) If the Office of Enforcement Counsel
determines that circumstances exist which require that immediate action be
taken against a person's license, certification, permit or registration, or to
place a person on the exclusion list, the Office of Enforcement Counsel may
submit a request for a temporary emergency order. The request will include:
(1) The circumstances upon which the request
for a temporary emergency order was made.
(2) The legal grounds upon which the
temporary emergency order is being requested.
(3) The specific relief sought.
(e) By the close of the next
business day following its issuance, a temporary emergency order, together with
the request required under subsection (d), will be filed with the
Clerk.
(f) A temporary emergency
order will specify that the person subject to the temporary emergency order may
request an informal hearing before the Executive Director or a designee which
will occur within 3 business days of filing the request for a hearing with the
Clerk.
(g) The Bureau will serve
the request and the issued order upon the person named in the temporary
emergency order. Service required by this subsection will be made as
expeditiously as possible following the issuance of the order and the request.
Service will be made in the manner prescribed by §
491a.5 (relating to
service).
(h) If a person files a
request for an informal hearing, the hearing will be held before the Executive
Director or a designee within 3 business days at a location determined in
accordance with §
491a.8(e)
(relating to hearings generally).
(i) At the conclusion of the informal
hearing, the Executive Director or a designee will render a decision within 3
business days as to whether the temporary emergency order will continue, be
modified or dissolved. Service of the decision will be made in accordance with
§
491a.5.
(j) Unless the Executive Director or a
designee dissolves the temporary emergency order, the Executive Director, in
consultation with the Office of Chief Counsel, will refer the matter for a
formal hearing before either:
(1) The Board
to determine the validity of the suspension in accordance with subsection
(m).
(2) The Office of Hearings and
Appeals which will thereafter prepare a report and recommendation for the
Board's consideration in accordance with subsection (p).
(k) If the person named in the temporary
emergency order does not file a request for an informal hearing within 10
business days of the issuance of the temporary emergency order, the matter will
be referred in accordance with subsection (j).
(l) Until the temporary emergency order is
presented to the Board for consideration or the Office of Hearings and Appeals
has issued its report and recommendation, the Executive Director or a designee
may dissolve or modify a temporary emergency order previously issued.
(m) If the hearing is conducted by the Board,
the Board may take one of the following actions upon conclusion of oral
arguments and evidentiary presentations:
(1)
If the Board finds that the facts and circumstances presented are sufficient to
support the issuance of the emergency order, and that dissolution of the
emergency order would pose a threat to the public health, safety or welfare, or
the public's interest in the effective regulation of gaming demands the action,
it may issue an order ratifying or modifying the order of suspension. The Board
order may thereafter be appealed under §
494a.11 (relating to
appeals).
(2) If the Board finds
that there is insufficient cause to continue the emergency order, it may issue
an order dissolving the emergency order and the privileges of the person named
in the order will be reinstated.
(3) If the Board finds that further hearing
is necessary, it may schedule a hearing or refer the matter to the Office of
Hearings and Appeals for additional presentation of evidence and testimony of
witnesses. In either case, the order of suspension will remain in effect, with
or without modification as the Board deems appropriate.
(n) Board orders ratifying or dissolving
temporary emergency orders will not have effect upon the power and duty of the
Office of Enforcement Counsel to initiate, in its sole discretion, proceedings
for violations of the act or this part or upon the outcome of any proceeding so
initiated.
(o) Copies of the
Board's final order will be served on the person named in the order in
accordance with §
491a.5.
(p) If at any point the Board or Executive
Director refers the matter to the Office of Hearings and Appeals, the formal
hearing will be subject to the following requirements:
(1) The hearing before a presiding officer
will occur no more than 15 business days after the Board or Executive Director
refers the matter to the Office of Hearings and Appeals, unless a delay is
requested by the person named in the temporary emergency order.
(2) Within 10 business days following the
conclusion of the hearing, the presiding officer will forward a report and
recommendation for action on the temporary emergency order to the Board. A copy
of the report and recommendation will be served on the person named in the
temporary emergency order in accordance with §
491a.5.
(3) Upon receipt of a report and
recommendation from the Office of Hearings and Appeals, the matter will be
placed on an upcoming Board meeting agenda for final
consideration.
Notes
The provisions of this § 403a.7 amended under 4 Pa.C.S. §§ 1202(b)(30) and 1207(2) and (9).
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