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13 N.J.A.R. 551

Watkins, Muriel and McDaniel, Abraham; In the Matter of the Petitions of, to Intervene
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Citation: 13 N.J.A.R. 551
Decision Date: 1989
Agency: CASINO CONTROL COMMISSION
Synopsis: Petitioners sought revocation of the casino licenses of Resorts and Bally's because of alleged racial discrimination against their bus companies. Petitioners claimed that sections 134 and 135 of the Casino Control Act gave them standing as private individuals to initiate revocation proceedings. The Casino Control Commission ruled that petitioners did not have standing to initiate and prosecute license revocation proceedings. Section 76 of the Casino Control Act makes it the responsibility of the Division of Gaming Enforcement to investigate all alleged violations of the Act and to initiate violation proceedings. The filing of a complaint against a licensee or a request for revocation is within the exclusive province of the Division. Permitting private parties to initiate actions would affect the ability of the Division and the Commission to allocate their resources so as to discharge their statutory responsibilities. The Commission also noted that it has the authority without formal request from the Division to reopen a hearing and compel a licensee to demonstrate its continuing fitness; however, that does not create a right for third parties to compel the Commission to do so. The Commission further concluded that sections 134 and 135, which define the affirmative action and equal opportuntiy obligations of casino licensees, could not be interpreted to grant standing to individuals. Those sections must be considered in the context of the entire Casino Control Act, which grants exclusive enforcement authority in section 76 to the Division.
Statute(s) Cited: 5:12-76 5:12-88 5:12-134 5:12-135