2011 Ohio Revised Code
Title [37] XXXVII HEALTH - SAFETY - MORALS
Chapter 3772: CASINO GAMING
3772.04 Adjudications; hearings; orders.

(A)(1) If, as the result of an investigation, the commission concludes that a license or finding required by this chapter should be limited, conditioned, or restricted, or suspended or revoked, the commission shall conduct an adjudication under Chapter 119. of the Revised Code.

(2) The commission shall appoint a hearing examiner to conduct the hearing in the adjudication. A party to the adjudication may file written objections to the hearing examiner’s report and recommendations not later than the thirtieth day after they are served upon the party or the party’s attorney or other representative of record. The commission shall not take up the hearing examiner’s report and recommendations earlier than the thirtieth day after the hearing examiner’s report and recommendations were submitted to the commission.

(3) If the commission finds that a person has violated this chapter or a rule adopted thereunder, the commission may issue an order:

(a) Limiting, conditioning, or restricting, or suspending or revoking, a license issued under this chapter;

(b) Limiting, conditioning, or restricting, or suspending or revoking, a finding made under this chapter;

(c) Requiring a casino facility to exclude a licensee from the casino facility or requiring a casino facility not to pay to the licensee any remuneration for services or any share of profits, income, or accruals on the licensee’s investment in the casino facility; or

(d) Fining a licensee or other person according to the penalties adopted by the commission.

(4) An order may be judicially reviewed under section 119.12 of the Revised Code.

(B) For the purpose of conducting any study or investigation, the commission may direct that public hearings be held at a time and place, prescribed by the commission, in accordance with section 121.22 of the Revised Code. The commission shall give notice of all public hearings in such manner as will give actual notice to all interested parties.

(C) In the discharge of any duties imposed by this chapter, the commission may require that testimony be given under oath and administer such oath, issue subpoenas compelling the attendance of witnesses and the production of any papers, books, and accounts, and cause the deposition of any witness. In the event of the refusal of any person without good cause to comply with the terms of a subpoena issued by the commission or refusal to testify on matters about which the person may lawfully be questioned, the prosecuting attorney of the county in which such person resides, upon the petition of the commission, may bring a proceeding for contempt against such person in the court of common pleas of that county.

(D) When conducting a public hearing, the commission shall not limit the number of speakers who may testify. However, the commission may set reasonable time limits on the length of an individual’s testimony or the total amount of time allotted to proponents and opponents of an issue before the commission.

(E) An administrative law judge appointed by the commission may conduct a hearing under this chapter and recommend findings of fact and decisions to the commission.

(F) The commission may rely, in whole or in part, upon investigations, conclusions, or findings of other casino gaming commissions or other government regulatory bodies in connection with licensing, investigations, or other matters relating to an applicant or licensee under this chapter.

Added by 128th General Assembly File No. 38, HB 519, § 1, eff. 9/10/2010.