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6 N.J.A.R. 584

Gaming Enforcement, Division of; Alter, Seymour v
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Citation: 6 N.J.A.R. 584
Decision Date: 1979
Agency: CASINO CONTROL COMMISSION
Synopsis: Alter applied for a license as a casino key employee in the position of Director of Real Estate and Retail Sales with consultant responsibilities. In one of his preliminary rulings, the administrative law judge concluded that the 'residuum rule,' which limits the use of hearsay as the basis for findings of fact in administrative proceedings, was applicable in Casino Control hearings. The judge determined that this rule, which is the general rule in New Jersey for administrative hear- ings, had been raised to the level of a constitutional due process administrative law judge reasoned that the residuum rule was consis- tent with N.J.S.A. 5:12-107(a)(6), which states that any relevant evidence upon which serious persons would be accustomed to rely may support a finding of fact in Casino Control hearings. The judge determined that reliance upon the formal exceptions to the hearsay rule for the admission of evidence (which would satisfy the require- ments of the residuum rule) was one of the tests to determine the reliability of evidence required by the Casino Control Act. Although the Division of Gaming Enforcement asserted that Alter's alleged acts of bribery and involvement in prostitution mandated disqualification as a casino employee, the administrative law judge found that neither required mandatory disqualification. The judge determined that the Division had failed to meet its burden of proving the bribery by a preponderance of the evidence and that the alleged prostitution incident did not meet the statutory requirements of prosti- tution. However, the administrative law judge ruled that Alter's knowing State of New Jersey 585 violations of the New York State liquor laws and the sending of gifts by Alter to an agent investigating possible violations of the liquor laws evidenced a lack of good character and integrity and thus, application as a casino key employee was denied. Raymond Brown, Esq. for petitioner Alan Siiber, Esq. for petitioner Guy S. Michael, Deputy Attorney General for respondent (John J. Degnan, Attorney General of New Jersey, attorney)
Citation Tracker modified-Casino Control Commission; affirmed -App. Div., A-4106-79, 6/24/81 (unreported) [Updated through 1991]