Section 3000.730  Procedure for Entry of Names

a)         Upon a determination that a person comes under any one of the criteria listed in Section 3000.720, that person shall be deemed a candidate for exclusion and the Administrator shall file a Notice of Exclusion.  The notice shall include the identity of the candidate, the nature and scope of the circumstances or reasons that the person should be placed on the Board Exclusion List, names of potential witnesses, and a recommendation as to whether the exclusion or ejection shall be permanent.  The notice shall also inform such person of the availability of a hearing by the Board pursuant to Subpart D.  A request for a hearing must be made within 30 days from the date the Notice of Exclusion was postmarked.

b)         When a person is excluded or ejected, that person is prohibited from further contact of any kind with any riverboat gaming operation in the State of Illinois unless and until a determination is made by the Board on the merits of a filed Notice of Exclusion or a requested hearing pursuant to Subpart D of this Part.  If a determination by the Board is examined under judicial review pursuant to Section 17.1 of the Act, then the exclusion shall continue until the judicial review is completed.

c)         If the Board or a subsequent judicial review finds in favor of the candidate or excluded person, then his or her name shall be removed from the Board Exclusion List and his or her exclusion shall be terminated as of the date of the action by the Board or the court.  If the finding is against the candidate or excluded person, his or her name shall be placed on the Board Exclusion List.  If no hearing is requested, the person's name shall be placed on the Board Exclusion List.  If the Notice of Exclusion requests a temporary exclusion, and the Administrator agrees to make the exclusion temporary, the Administrator shall set the term of the temporary exclusion.  In  no case shall a temporary exclusion be less than 6 months.  A temporary exclusion or ejection shall only apply to those persons excluded or ejected for criteria relating to conduct.  All other exclusions or ejections shall be permanent.

(Source:  Amended at 31 Ill. Reg. 8098, effective June 14, 2007)