Return to Browsing

12 N.J.A.R. 426

Valdespino, Francisco; Division of Gaming Enforcement
Formats: PDF | DjVu— Help viewing DjVu Files
Citation: 12 N.J.A.R. 426
Decision Date: 1988
Synopsis: The Division of Gaming Enforcement filed a complaint with the Casino Control Commission seeking revocation of respondent's regis- tration as a casino employee because of his 1986 conviction for dis- tribution of cocaine. Respondent requested a hearing and the matter was transmitted to the Office of Administrative Law. The administrative law judge found that respondent had been convicted of a statutory disqualifying offense pursuant to N.J.S.A. 5:12-86(c)(1) and that he had not established rehabilitation pursuant to N.J.S.A. 5:12-91(d). The judge ordered respondent's registration revoked. Upon review of this initial decision, the Commission agreed that respondent committed an offense which required disqualification and that he failed to establish rehabilitation. The Commission modified the initial decision to provide a thorough analysis of the rehabilitation factors contained in section 91(d). The Commission found that the offense committed while the respondent was 51 years old and regis- tered as a casino hotel employee was serious, purely profit-motivated, and could not be excused by either immaturity or social conditions. Although there were favorable reference letters from several people, including former employers, the evidence of rehabilitation was outweighed by the seriousness of the crime, the absence of mitigating factors and the short period of time which had elapsed since the offense. Accordingly, the respondent's hotel employee registration was revoked. Joanne C. Ciancimino, Deputy Attorney General, for the petitioner (Cary Edwards, Attorney General of New Jersey, attorney) State of New Jersey 427 Angelina Montanez, Esq., for the respondent (Montanez & Montanez, attorneys)
Statute(s) Cited: 5:12-86c(3) 5:12-91d