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8 N.J.A.R. 509

Racing Commission, New Jersey; Primeau, Jacques v
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Citation: 8 N.J.A.R. 509
Decision Date: 1985
Agency: RACING COMMISSION
Synopsis: Petitioner appealed the New Jersey Racing Commission's denial of his application to be licensed as a harness driver. The administrative law judge assigned to the case rejected the peti- tioner's arguments that the Commission's denial was arbitrary or capricious or that petitioner had been treated in a disparate manner. The judge determined that pursuant to N.J..d.C. 13:71-7.7, the peti- tioner had failed to carry his burden to demonstrate that he is qualified in every respect to receive his license, especially in light of the five suspensions he had received for disciplinary violations. In addition, the petitioner had failed to demonstrate that individuals with com- parable or worse driving records had been licensed since evidence demonstrated that licensing decisions are based upon the individual's record and not a comparative test and thus other licensing decisions were not relevant to petitioner's application. Accordingly, the judge determined that petitioner's application had been properly denied. Upon review, this initial decision was adopted by the New Jersey Racing Commission. Robert W. G!uck, Esq., for petitioner (Gluck & Kelso, attorneys) Nancy B. Stiles, Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Initial Decision
Rule(s) Cited: 13:71-7.7