Title 15 . Revenue

Chapter 160 . (Repealed)

Section 880. Suspension or revocation of a permit, license or registration

15 AAC 160.880. Suspension or revocation of a permit, license or registration

(a) The department may suspend or revoke a permit, license, or registration under AS 05.15 if the permittee, licensee, or registered vendor

(1) knowingly makes a false statement or knowingly submits false information in order to obtain a permit, license, or registration or on a report required under AS 05.15 or this chapter;

(2) fails to provide the information, documentation, or fees required in the application or reporting process under AS 05.15 or this chapter;

(3) fails to meet or maintain the necessary qualifications for a permit, license, of registration under AS 05.15 or this chapter;

(4) fails to pay to the department a tax, fee, penalty, or interest payment required under AS 05.15 or this chapter;

(5) alters, or allows to be altered, a permit, license, or registration issued under AS 05.15;

(6) allows another person to use a permit, license, or registration issued under AS 05.15, except when a permittee contracts with a licensed operator or registered vendor as authorized under AS 05.15 or this chapter;

(7) violates or negligently allows an employee to violate a provision of AS 05.15 or this chapter;

(8) fails to file timely a report or supplemental information required by AS 05.15 or this chapter;

(9) fails to prepare and retain books and records to substantiate a report required under AS 05.15 or this chapter;

(10) fails to provide promptly for inspection information or documentation requested by an authorizing permittee or the department, if the information or documentation is necessary to substantiate a report, tax, or payment required under AS 05.15 or this chapter;

(11) fails to remit the pull-tab tax to a pull-tab distributor as required under AS 05.15.184 or 15 AAC 160.460;

(12) has a prohibited conflict of interest in a gaming activity;

(13) knowingly allows a person who has a prohibited conflict of interest to conduct or be responsible for conducting a gaming activity;

(14) uses, or allows the use of, net proceeds derived from a gaming activity for a purpose other than those allowed under AS 05.15 or this chapter;

(15) conducts a gaming activity with an intent to defraud as defined in AS 11.46.990 or in deception as defined in AS 11.81.900 ;

(16) denies the department access to premises where a gaming activity is conducted;

(17) uses a person other than a licensed operator, an employee, a volunteer, a registered vendor, or a person identified under 15 AAC 160.190(b) to conduct a gaming activity on behalf of the permittee;

(18) fails to notify the department as required under AS 05.15 or this chapter;

(19) conducts, or allows others to conduct, a gaming activity, including gambling as proscribed under AS 11.66, for which the permittee, licensee, or registered vendor is not authorized under AS 05.15 or this chapter on premises where an activity subject to AS 05.15 or this chapter is conducted;

(20) fails to distribute to a permittee the net proceeds or other payments required by AS 05.15 and this chapter; or

(21) is convicted of a felony or crime involving theft or dishonesty, or a violation of gambling laws.

(b) The department will issue a notice of suspension or revocation to a permittee, licensee, or registered vendor in writing. In the notice, the department will include the grounds for the intended suspension or revocation, the legal authority for the intended action, and statement of the opportunity to request an informal conference within 30 days after the mailing of the notice. Within 30 days after the department mails the notice, the permittee, licensee, or registered vendor may request an informal conference by filing a brief statement why the person is aggrieved by the intended suspension or revocation. If the permittee, licensee or registered vendor fails to file a request for informal conference, the noticed suspension or revocation is effective 30 days after the date of mailing to the permittee, licensee, or registered vendor. After receipt of a request for informal conference, the department will apply the procedures of 15 AAC 05.020, to the extent consistent with this chapter. In an informal conference decision, the department will affirm, overrule, or modify a suspension or revocation. If the permittee, licensee, or registered vendor files a request for informal conference, and if the informal conference decision upholds the suspension or revocation as noticed or modified, the upheld suspension or revocation is effective 15 days after the written informal conference decision is mailed. A permittee, licensee, or registered vendor aggrieved by the result of an informal conference decision may request a formal hearing under 15 AAC 160.910. Notwithstanding the filing of a request for formal administrative hearing, a person or entity may not engage in conduct regulated by AS 05.15 or this chapter beyond the effective date of the suspension or revocation unless the suspension or revocation has been administratively or judicially stayed.

(c) Upon suspension or revocation of a permit, license, or registration, or upon agreement requiring a temporary or permanent closure of a gaming location, the department shall post a notice of the action on the premises.

History: Eff. 7/30/94, Register 131; am 1/1/2003, Register 164; am 9/3/2005, Register 175

Authority: AS 05.15.010

AS 05.15.050

AS 05.15.060

AS 05.15.105

AS 05.15.128

AS 05.15.140

AS 05.15.170

AS 05.15.184

AS 05.15.190