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11 N.J.A.R. 90

Harris, Wynette; Gaming Enforcement, Division of v
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Citation: 11 N.J.A.R. 90
Decision Date: 1983
Synopsis: Respondent's casino hotel employee registration was revoked based on her conviction for welfare fraud, an automatic disqualifying offense under section 86(c) of the Casino Control Act. She appealed and the Appellate Division remanded the case to the Casino Control Commission. The court believed that the Commission acted on the assumption that revocation was the only possible sanction. Since the court ruled that the authority to revoke implied the authority to impose a suspension instead, the case was remanded in order for the Commission to reconsider the penalty. On remand, the Commission acknowledged that it had the authority to suspend rather than revoke. It ruled, however, that suspension of a license is singularly inappropriate when a disqualifying offense is involved. Rather, revocation is the only appropriate sanction when a disqualifying offense under section 86 is established. Revocation must follow disqualification unless there is a finding of rehabilitation under sections 90(h) and 91(d) or, in the case of a casino hotel employee, a waiver is granted pursuant to section 91(e). Persons convicted of disqualifying offenses, unless rehabilitated or granted a waiver, are not suitable for employment in the casino industry. If the proscribed activity falls short of a disqualifying offense, the Commission may consider suspension. The Commission concluded that respondent had not demonstrated rehabilitation. In addition, no grounds for waiver were established. Accordingly, respondent's registration was properly revoked. The Chairman of the Commission, however, granted respondent's petition for early reapplication, pursuant to N.J.A.C. 19:41-8.8(g).
Rule(s) Cited: 19:41-8.8(g) 
Statute(s) Cited: 5:12-86c 5:12-86g 5:12-91d 5:12-91e 5:12-109 5:12-129 5:12-130