Casino Control Commission

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Authority of Division of Gaming
Casino must provide CTRs as requested by the Division of Gaming Enforcement. The investigative authority of the Division entitles it to review all records of casinos. Casinos have a duty to cooperate with the Division. Decision: 13 N.J.A.R. 533
Concurrence Required
Section 73d requires that four of the five Commission members must concur in any necessary finding for casino licensure. Decision: 10 N.J.A.R. 295
Deferred Hearing
It is inefficient use of agency resources to conduct a hearing on a license suspension but defer a decision while a criminal indictment is pending which involves the same charges. Licensee would suffer no legal prejudice by a deferred hearing. However, circumstances might exist where the possibility of prejudice would justify an expedited hearing. Decision: 10 N.J.A.R. 081
Estoppel
Informal response by the Chairman to a question posed in a letter from an applicant's attorney is not a full and fair treatment of issues raised and does not estop reconsideration by the entire Commission. Decision: 11 N.J.A.R. 215
Evidence
The Casino Control Commission may base ultimate factual findings upon any relevant evidence, including hearsay, regardless of the fact that such evidence may be inadmissible in a civil action, so long as the evidence is the sort upon which responsible persons rely upon in the conduct of serious affairs. Decision: 8 N.J.A.R. 126
Applicant for a license to operate a casino must affirmatively establish ,qualifications by clear and convincing evidence. Clear and convincing stan- dard is higher thata civil standard of preponderance of the evidence, but less than criminal standard of beyond a reasonable doubt. Decision: 10 N.J.A.R. 356 Decision: 10 N.J.A.R. 295 Decision: 10 N.J.A.R. 244
Applicant for casino license must affirmatively establish criteria for qualification by clear and convincing evidence, but disqualifying criteria contained in Section 86 may be established by preponderance of the evidence. Decision: 10 N.J.A.R. 244
Commission may base factual findings on any credible evidence, including hearsay. Decision: 10 N.J.A.R. 244
In considering disqualifying criminal offenses, the Commission applies the laws of the time and place in which the act was done to determine whether the act constituted a disqualifying offense. If not, no disqualification arises, even if such conduct would constitute a disqualifying offense under New Jersey law. Decision: 10 N.J.A.R. 244
In determining good character, reputation evidence may be considered but is not conclusive in itself. Decision: 10 N.J.A.R. 244
Four Vote Requirement
Four votes of the Casino Control Commission are required to approve an extension of time to file an application for interim casino authorization. When there is a vacancy on the Commission for less than six months, three votes will not carry a motion to extend. Decision: 13 N.J.A.R. 519
Informant
In reviewing the need for confidentiality of an informant, the Commission may consider: 1) whether an informant was acting upon a duty to report violations of the Casino Control Act; 2) the Division of Gaming Enforcement's unique status as both a regulatory and law enforcement agency; 3) the Division's legitimate concerns for the confidentiality of its sources generally; 4) a respondent's admission of the conduct allegedly constituting a violation; and 5) the absence of any indication that the information had played a significant part in the alleged violation. Decision: 9 N.J.A.R. 274
In determining whether to disclose the identity of an informant in a Casino Control case, the Commission has chosen to determine whether the Division of Gaming Enforcement's concern for confidentiality is outweighed by a respondent's need for discovery. Decision: 9 N.J.A.R. 274
Inspectors
Inspectors are the "eyes and ears" of the Commission on the casino floor. Casinos have the continuing duty to cooperate with the efforts of inspectors. Interference with the performance of the inspectors' duties hinders and obstructs the function of the Commission itself. Decision: 11 N.J.A.R. 029
Sanctions
Commission has the authority to either suspend or revoke licenses. However, revocation is the appropriate sanction when a disqualifying offense has occurred. Decision: 11 N.J.A.R. 090
A penalty must reflect the gravity of the threat presented. Penalties are intended to sanction the violator and deter other licensees from engaging in similar actions. Decision: 12 N.J.A.R. 699
The Commission has discretion to apply the remedies of section 93(b) singly or jointly against a union when union officials are disqualified. Decision: 12 N.J.A.R. 718
Standing
Private individuals do not have standing under the Casino Control Act to initiate or prosecute a proceeding against a license. Only the Division of Gaming Enforcement may initiate revocation proceedings before the Commission. Decision: 13 N.J.A.R. 551
Vacancy
Four votes of the Casino Control Commission are required to approve an extension of time to file an application for interim casino authorization. When .there is a vacancy on the Commission for less than six months, three votes will not carry a motion to extend. Decision: 13 N.J.A.R. 519
Waiver of Disqualification
Waiver of disqualification is an exception to the strict .regulatory process and should be used only sparingly by the Casino Control Commission when waiver is in the interests of justice. In this case, respondent showed a genuine commitment to rehabilitation which justified a waiver. Decision: 12 N.J.A.R. 191