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| 1.__Disciplinary proceedings and sanctions.__The department or its | | designee shall investigate a complaint on its own motion at the | | request of the board or upon receipt of a written complaint filed | | with the board or the department regarding noncompliance with or | | violation of this chapter or of any rules adopted by the board.__ | | The board or its designee may subpoena witnesses, records and | | documents, including records and documents maintained by any | | gambling services vendor or nongambling services vendor in | | contract, cooperation or consort with a licensee, in any | | investigation or hearing it conducts. |
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| | | 2.__Notice of complaint or violation and request for hearing.__ | | Following investigation by the department or its designee, the | | director may file a notice of complaint and request for hearing | | with the board or may serve the licensee with notice of violation | | and proposed sanction and opportunity to request a hearing. |
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| | | 3.__Further action.__If the board or its designee finds after | | notice pursuant to subsection 2 that the factual basis of the | | complaint is true and is of sufficient gravity to warrant further | | action, it may take any of the following actions. |
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| | | A. The board or its designee may enter into a consent | | agreement with the consent of the licensee that establishes | | the period and terms of probation necessary to protect the | | public health and safety and to rehabilitate or educate the | | licensee. A consent agreement may be used to terminate a | | complaint investigation if a consent agreement is entered | | into by the board, the licensee and the Attorney General. |
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| | | B. If a licensee voluntarily surrenders a license, the board | | or its designee may negotiate stipulations necessary to | | ensure protection of the public health and safety and the | | rehabilitation or education of the licensee. These | | stipulations may be set forth only in a consent agreement | | signed by the board, the licensee and the Attorney General. |
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| | | C.__The board may take disciplinary action against any | | applicant or licensee pursuant to this chapter or any rules | | adopted pursuant to this chapter.__Disciplinary action, | | including, but not limited to, a decision to impose a civil | | penalty or to modify, suspend or revoke a license or | | registration, may be predicated on the following grounds: |
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| | | (1)__Fraud or deceit in obtaining a license under this | | chapter or in connection with service rendered within | | the scope of the license issued; |
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