N.J. Admin. Code § 13:69A-8.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:69A-8.8 - Restriction on application and employment after denial or revocation

(a) Any person whose license, registration, qualification or approval is denied or revoked by the Division or Commission for failure to satisfy the affirmative qualification criteria of the Act or due to a Division or Commission finding that such person is disqualified pursuant to N.J.S.A. 5:12-86 or both, may not, except as otherwise provided by N.J.A.C. 13:69A-8.9, 8.10 or 8.11, reapply for a license, registration, qualification or approval or, pursuant to N.J.S.A. 5:12-106c, be employed by a casino licensee in a position that does not require a license or registration, until five years have elapsed from the date of denial or revocation. Notwithstanding the foregoing:

1. If the denial or revocation was based upon conviction of a disqualifying offense pursuant to N.J.S.A. 5:12-86c and reapplication is to be evaluated under the standards of N.J.S.A. 5:12-89, reapplication is permitted after the lapse of 10 years from the date of conviction;

2. If the denial or revocation was based on acts constituting a disqualifying offense pursuant to N.J.S.A. 5:12-86c and 86g and reapplication is to be evaluated under the standards of N.J.S.A. 5:12-89, reapplication is permitted after the lapse of 10 years from the date of the conduct in question; and

3. If the Division approves an agreement resolving an application for or a complaint seeking the revocation of a license, registration, qualification or approval which results in denial or revocation but permits reapplication or casino employment after a stated period of less than five years, eligibility for reapplication or casino employment shall be governed by the terms of the agreement and not by the provisions of this section.

(b) Any person whose license, registration, qualification or approval is denied or revoked by the Division or Commission on the basis of any of the statutory or regulatory provisions in (b)1 through 5 below may reapply for a license, registration, qualification or approval upon satisfaction of the relevant requirements specified below. If the denial or revocation is based upon two or more statutory or regulatory provisions, the Division shall permit reapplication only upon compliance with the requirements of this subsection as to each such provision. Any person seeking to reapply pursuant to this subsection shall file a certified petition stating with particularity how the specified requirements have been satisfied.

1. Failure to demonstrate financial stability pursuant to N.J.S.A. 5:12-89b(1): Reapplication is permitted upon achieving financial stability.

2. Failure to satisfy the residency requirement set forth in N.J.S.A. 5:12-89b(4): Reapplication is permitted upon establishment of a New Jersey residence, or upon a Division finding that such residency will be established before the processing of said reapplication has been completed, or upon a Division finding that the residency requirement should be waived pursuant to N.J.S.A. 5:12-89b(4).

3. Failure to satisfy the age requirement set forth in N.J.A.C. 13:69A-1.3: Reapplication is permitted upon attaining the requisite age or upon a Division or Commission finding that such age will be attained before the processing of said reapplication has been completed.

4. Pending charges for a disqualifying offense pursuant to N.J.S.A. 5:12-86c and 86d: Reapplication is permitted upon disposition of the pending charges provided the charges do not result in conviction of a disqualifying offense pursuant to N.J.S.A. 5:12-86c.

5. Any statutory or regulatory provision which is subsequently repealed or modified: Reapplication is permitted upon a showing that the subsequent repeal or modification of the statutory or regulatory provision obviates the grounds for denial or revocation and justifies the conclusion that the prior decision should no longer bar reapplication.

N.J. Admin. Code § 13:69A-8.8