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13 N.J.A.R. 935

Gaming, Division of; Dunston, Doris E. v
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Citation: 13 N.J.A.R. 935
Decision Date: 1989
Synopsis: The Division of Gaming objected to the renewal of petitioner's casino employee license because she allegedly took tokens she found in the slot machine areas of Bally's where she had been employed as an attendant. Petitioner requested a hearing and the matter was trans- mitted to the Office of Administrative. Law. The administrative law judge assigned to the case concluded that petitioner had taken an unattended cup of tokens, but that her actions did not constitute theft. Because petitioner initially denied she took the tokens when questioned by a casino security guard, she was guilty of the offense of unsworn falsification. The judge found that petitioner should not be disqualified because her work record was otherwise untarnished. However, because she did not establish requisite good character, honesty and integrity, the judge recommended that peti- tioner's application for renewal be denied. Upon review, this initial decision was modified by the Casino Control Commission. The Commission rejected the conclusion that the applicant committed the offense of unsworn falsification, but found that she had committed theft by taking, a disorderly persons offense. Petitioner was disqualified pursuant to section 86(c)(2) be- cause the offense she committed was inimical to the Casino Control Act. The Commission found that petitioner did not prove rehabilita- tion and agreed that she did not establish evidence of good character. On appeal, the Appellate Division reversed and remanded. The court said the denial of relicensure was arbitrary under the circum- stances. Doris E. Dunston, petitioner, pro se Morton Feldman, Esq., for petitioner (before the Casino Control Com- mission) Ralph Fusco, Deputy Attorney General, for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney)
Statute(s) Cited: 5:12-86c(2) 5:12-90h