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10 N.J.A.R. 75

Hannah, David; Gaming Enforcement, Division of v
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Citation: 10 N.J.A.R. 75
Decision Date: 1986
Agency: CASINO CONTROL COMMISSION
Synopsis: The Division filed a complaint with the Casino Control Commission recommending revocation of respondent's casino hotel employee registration. Respondent requested a hearing and the matter was transmitted to the Office of Administrative Law. The basis of the Division's recommendation was three incidents which it contended constituted prior convictions and unprosecuted conduct disqualifying respondent from continued employment in the casinos. In 1984, respondent was indicted on charges of unlawful possession of a weapon, N.J.S.A. 2C:29-5d, possession of cocaine, N.J.S.A. 24:21-20a(4), and possession of cocaine with intent to distribute, N.J.S.A. 24:21-19a(l). He pied guilty to possession of cocaine and the other two counts were dismissed. In 1982, respondent was charged with aggravated assault, N.J.S.A. 2C:12-1(b), in connection with a stabbing incident. He was found guilty of simple assault. In 1983, charges against respondent were dismissed when pills he was suspected of intending to sell were found not to be a controlled dangerous substance. The administrative law judge assigned to the case found as Follows. In the 1984 incident, the Division established both the distribution and the weapons charges. In the 1982 matter, the Division's proofs established aggravated assault. However, the Division failed to meet its burden with respect to the 1983 incident, since it did not support its theory that respondent intended to sell the pills as conterfeit drugs in violation of N.J.S.A. 24:21-19.1. Because the 1984 and 1982 incidents involved statutorily disqualifying offenses and respondent did not present substantial evidence of rehabilitation, it was ordered that respondent's registration be revoked pursuant to N.J.S.A. 5:12-129. Upon review, this initial decision was modified by the Casino Control Commission. The Commission agreed that disqualifying offenses occurred in 1984 and 1982, but recharacterized the 1984 offense as aggravated assault in the third degree rather than the second degree and also found that the 1982 incident involved only possession with intent to distribute. Although the Commission disqualified respondent for those reasons, the disqualification was waived pursuant to N.J.S.A. 5:12-91(e). It was further ordered that respondent could not apply for any other license, registration, qualification or approval except pursuant to the provisions of N.J.A.C. 19:41-8.8. Paul Vagianos, Deputy Attorney General, for petitioner (W. Cary Edwards, Attorney General of New Jersey, attorney) David Hannah, respondent, pro se
Rule(s) Cited: 19:41-8.8 
Statute(s) Cited: 5:12-86c(1) 5:12-86c(3) 5:12-86g 5:12-91d 5:12-91e 5:12-129 24:21-19 24:21-19(a)1 24:21-20 24:21-20(a)4 
Citation Tracker modified-Casino Control Com'n; reversed & remanded-221 N.J. Super. 98 (App. Div. 1987) [Updated through 1991]