After you receive a final decision from the Board and if you disagree with the Board?s decision, you have the right to file an appeal with the Commonwealth Court of Pennsylvania. Pennsylvania Rule of Appellate Procedure 1512(a)(1) provides that you have thirty (30) days from the date of the Board?s decision to file your appeal with the Court.
The Board?s Clerk will forward your Exceptions, any response to your Exceptions from OEC, the Hearing Officer?s Report and Recommendation and the full evidentiary record of the hearing to the Board for its review. The Board will then issue its final order after consideration of your Exceptions, the Hearing Officer?s Report and Recommendation and the full record. You will receive a copy of the Board?s final decision by first class mail.
If you disagree with the Hearing Officer?s Report and Recommendation you have fifteen (15) days from the date of the Report and Recommendation to file Exceptions with the Clerk to the Board. Your exceptions must be in writing, state clearly what it is that you object to and include the parts of the record where the basis of the objections can be found. You should also include any supporting legal arguments. A sample exceptions form can be found on the Pennsylvania Gaming Control Board?s website at (gamingcontrolboard.pa.gov).
Within approximately three (3) to four (4) weeks you will receive a Report and Recommendation from the Hearing Officer, by first class mail, which will outline the Hearing Officer?s decision and the reasons for the decision.
OEC counsel may request to meet with you before the beginning of the hearing. If you resolve the issues related to your application before your hearing, the attorney from OEC will put together with you a Proposed Settlement Agreement and ask you to sign it and a Waiver of Right to a Hearing Form.
In addition to any attorney you may choose to hire and any witnesses that you may choose to bring with you to support your application and appeal, the Bureau of Investigations and Enforcement, which has recommended to the Bureau of Licensing that your application be denied, will be represented at the hearing by an OEC attorney. In addition, an agent from the Bureau of Investigations and Enforcement may be called as a witness by OEC counsel to give oral testimony concerning the issues involved in your case. OEC also has the right to call other witnesses they believe are necessary.
You are the only person required to attend the hearing. However, you may bring individuals with you who you would like to have testify on your behalf about your background and character or provide any other information relevant to your appeal.
You should bring all documentation relating to your qualifications to hold a gaming permit or non-gaming registration, or gaming service provider certification or registration, or other appropriate documents.
A hearing may last anywhere from fifteen minutes to two (2) hours or more, depending on the circumstances of your case.
While you certainly have the right to have an attorney represent you, you are not required to have an attorney at your hearing. If you choose to have an attorney, you do so at your own expense.