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7 N.J.A.R. 10

Racing Commission, New Jersey; Maietta, Steven A. v
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Citation: 7 N.J.A.R. 10
Decision Date: 1980
Agency: RACING COMMISSION
Synopsis: Appellant sought licensure as a stable employee by the New Jersey Racing Commission. A preliminary determination was made by the Commission that appellant was ineligible for licensure as a result of two convictions relating to the possession of controlled dangerous substances. The matter was then transferred to the Office of Adminis- trative Law and assigned to an administrative law judge. The administrative law judge found that appellant, while the holder of a groom's license in New York State, had been indicted and convicted in New York on charges of possession of a controlled dangerous substance. The appellant had also been convicted on a similiar charge in New Jersey. The judge determined, however, that the basic issue to be determined was whether appellant had demon- strated such a degree of rehabilitation so that a denial of licensure would be an abuse of discretion. While noting that the standards to be applied when applicants with criminal convictions seek licensure from the New Jersey Racing Com- mission must be high, the judge found that there was no indication that they were to be insurmountable. Applying the standard of the Rehabilitated Convicted Offender's Act, the judge determined that the appellant's licensure would not contravene the public interest and that the Commission's denial of licensure in the case failed to give due consideration to the requirements of the Act. Accordingly, the judge ordered appellant's licensure. Upon review, the New Jersey Racing Commission rejected the initial decision. It reasoned that the mere fact of a drug conviction, irrespective of its underlying circumstances or appellant's personal situation, implicated too great a risk to the integrity of the racing industry to permit the issuance of a license to anyone so convicted. State of New Jersey 11 Matthew P. Boylan, Esq., for appellant (Lowenstein, Sandler, Bro- chin, Kohl, Fisher & Boylan, attorneys) Stephen E. Brower, Esq., for respondent (John J. Degnan, Attor- ney General of New Jersey, attorney) Initial Decision
Rule(s) Cited: 13:71-1.13 13:71-7.3 
Citation Tracker rejected, N.J. Racing Commission; affirmed -93 N.J. 1 (1983) [Updated through 1991]