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5 N.J.A.R. 439

Matta, Manuel; Gaming Enforcement, Division of, v
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Citation: 5 N.J.A.R. 439
Decision Date: 1983
Agency: CASINO CONTROL COMMISSION
Synopsis: The Division of Gaming Enforcement sought to revoke both the respondent's casino key employee license and his casino employee license because he had been arrested and charged with cheating at craps at a casino in violation of N.J.S.A. 5:12-109(a)(1). Respondent was subseqently convicted of swindling and cheating in violation of N.J.S.A. 5:12-113(b). After a hearing, the administrative law judge found that respondent had altered the shape of dice in a game to minimize whatever advan- tage a particular casino patron might have. While there was no ques- tion that respondent had not personally profited by this act, there was also no question that respondent had altered the shape of the dice in violation of N.J.A.C 19:46-1.15. Respondent argued that since he did not personally profit from his act and since he had no prior history of violations, the revocation of his license was an inappropriate sanction. The administrative law judge noted that under N.J.S.A. 5:12-130 the determination of an appropriate sanction should be based upon a consideration of a number of factors, including the risk to the public and to the integrity of gaming operations created by the conduct of the licensee; the seriousness of the conduct of the licensee and whether the conduct was purposeful; any justification or excuse for such conduct by the licensee; and the prior history of the particular licensee involved. Applying these standards, the administrative law judge ordered that the respondent's key employee license and casino employee license be revoked. Howard Barman, Deputy Attorney General, for petitioner (Irwin I. Kimmelmann, Attorney General of New Jersey, attorney) John H. Fitzgerald, Esq., for respondent (Cape-Atlantic Legal Ser- vices, attorney)
Rule(s) Cited: 19:46-1.15 
Statute(s) Cited: 5:12-109(a)(1) 5:12-113(b) 5:12-130