Section 3000.785  Appeal of a Notice of Denial of Removal


a)         A denial by the Administrator of a request by a self-excluded person to be removed from the Self-Exclusion List pursuant to Section 3000.780 shall be subject to review by the Board upon a verified written petition submitted to the Board within 10 days after the issuance of the Notice of Denial of Removal.


b)         The petition shall state with specificity facts believed by the petitioner to constitute clear and convincing evidence for removal of his or her name from the Self-Exclusion List. The petition shall be notarized and shall include a certification in the following form:


The undersigned certifies that the statements set forth in this petition are true and correct, except as to matters in the petition stated to be on information and belief.  As to matters stated to be on information and belief, the undersigned certifies that he or she believes these matters to be true and correct.


c)         The Board shall either deny the petition or set the petition for hearing.  The Board may deny a petition if:


1)         The petition fails to comply with any of the requirements of subsection (a) or (b) of this Section;


2)         The facts contained in the petition are the same or substantially the same facts that the petitioner set forth in a previous petition filed under this Section; or


3)         The petition, assuming all facts contained in it are true and correct, does not establish a prima facie case.


d)         In the event the Board elects to set the petition for hearing, the procedures specified in Subpart D of this Part, with the exception of Section 3000.405(a), (b), (c) and (d), shall apply.


e)         For purposes of hearings conducted under this Section, all information, recommendations, forms, records of interviews and other materials, formal and informal, obtained by the Administrator in accordance with Section 3000.782 shall be considered official Gaming Board records under Section 3000.430 and therefore admissible into evidence.


f)         All proceedings related to an administrative hearing on a Notice of Denial of Removal shall be closed to members of the public unless otherwise consented to in writing by the self-excluded person or allowed by federal or State law.


g)         The Board's denial of a petition brought under this Section is a final decision of the Board.  Judicial review of the final order of the Board shall be conducted under the Administrative Review Law [735 ILCS 5/Art. III], in accordance with Section 17.1(b) of the Riverboat Gambling Act [230 ILCS 10/17.1(b)].




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