OAR 137-025-0500: Suspension, Revocation and Civil Penalties

(1) After notice and opportunity for hearing, as provided in ORS 183.310 to 183.550, the Department may assess a civil penalty not to exceed $10,000 and may deny, revoke, suspend or refuse to renew any license or permit, for conduct as specified in ORS 464.470. In setting the amount of the civil penalty or the term of suspension, the Department shall consider the nature of the violation and whether the applicant, licensee, permit holder, or person with an interest in the bingo or raffles operation or proposed operation knew or should have known that the conduct constituted grounds for such action. (2) The Department may take actions as specified in subparagraph (1) for conduct as describe in ORS 464.470. Such conduct includes, but is not limited to: (a) Violating ORS 167.117, 167.118, ORS Chapter 464, or these rules; (b) Denying representatives of the Department or any law enforcement officer access to a location where a licensee conducts bingo, raffle or Monte Carlo game activity, or failing to promptly produce for the preceding officials for inspection or audit any records or receipts related to bingo, raffle or Monte Carlo operations; (c) Misrepresenting or failing to disclose to the Department any material fact; (d) Failing to file completed reports or pay fees within 30 days after receiving notification from the Department of a delinquency; and (e) Operating a bingo, raffle game, or Monte Carlo event without a license, unless exempt under OAR 137-025-0040; (f) Failing to maintain an adequate financial record keeping system and/or failure to keep accurate financial books and records. (3) In determining whether to deny, revoke or suspend a license or permit due to past criminal activity, the Department will consider the following with respect to the applicant/licensee/permittee: (a) The nature and severity of the criminal act(s); (b) The relevance of the crime as it relates to the legal operation of nonprofit gaming; (c) Mitigating or extenuating circumstances; (d) Proximity in time of the criminal activity; (e) Age at the time of the criminal activity; (f) Pattern or frequency of criminal activity; and (g) Honesty and forthrightness in disclosing the past criminal activity to department personnel. (4) The Department may deny, revoke or suspend a license or permit if the applicant is a relative or associate of another individual or organization who has engaged in conduct in violation of ORS 464.470(1) and there is clear and convincing evidence that the applicant is likely to be subject to the control or influence of the violator. (5) The Department may require an applicant, permittee or licensee whose permit or license has been denied or revoked to wait a period of time designated by the Department before reapplying for a permit/license.