8.22.3812 ENFORCEMENT AND PENALTIES FOR ADVANCE DEPOSIT ACCOUNT WAGERING STATUTE OR RULE VIOLATIONS
(1) Any violations of board statutes and rules shall be referred to the board. The board may also initiate an investigation on its own or in response to a complaint. The board shall have sole authority to ensure compliance with these rules, conduct hearings on violations, and determine penalties for violations. All license disciplinary activities, including any necessary contested case hearings, shall be conducted in Montana. Montana retains sole jurisdiction and is the sole and exclusive venue for administrative licensing actions and any related court actions under this chapter.
(2) The board may deny an application, suspend, or revoke a license issued to a hub operator, withdraw approval of a contract with a hub operator, or impose fines, if the licensee:
(a) violates any of the requirements of board statutes or rules;
(b) fails to provide a bond, or letter of credit, or evidence thereof in another jurisdiction to the satisfaction of the board;
(c) fails to make payments in a timely manner as required by these rules;
(d) fails to comply with any conditions on the license imposed by the board;
(e) has demonstrated willful disregard for complying with ordinances, statutes, administrative rules, or court orders, whether at the local, state, or federal level. This includes, but is not limited to, failure to make required payments to other state regulatory agencies;
(f) poses a threat to the effective regulation of wagering or creates or increases the likelihood of unfair or illegal practices, methods, and activities in the conduct of wagering activities, as demonstrated through the prior activities, criminal record, reputation, habits, or associations;
(g) fails to provide at the board office any information required under the board's rules within the time required by applicable rule, or if no maximum time has been established respecting the particular kind of information by other rule, then within thirty days after receiving a written request from the board or its staff;
(h) commits, or has committed, any other act that the board determines constitutes a sufficient reason in the public interest for denying, suspending, or revoking licenses or approval of agreements.
(3) The board shall have authority to ensure compliance with its statutes and rules, including, but not limited to, injunctive relief and the imposition of fines, suspensions, and revocation of license, and repayment of outstanding source market fees.
History: 23-4-202, MCA; IMP, 23-4-101, 23-4-301, 23-4-302, MCA; NEW, 2008 MAR p. 494, Eff. 3/14/08; TRANS, from 32.28.2012, 2015 MAR p. 2252, Eff. 12/25/15.