N.J. Admin. Code § 13:69K-6.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:69K-6.8 - EEBOP and PPHD assessment; statistical demonstration of compliance with obligations; demonstration of compliance through documentation of EEBOP implementation

(a) Each casino licensee or casino license applicant shall be required to demonstrate its compliance with the requirements of the Act and this chapter by participating in periodic assessment review concerning its performance under its approved EEBOP and PPHD.

(b) An EEBOP and PPHD assessment for a casino licensee shall be held as part of each casino license resubmission. A casino licensee operating under a resubmitted casino license shall also be required to participate in an interim EEBOP and PPHD assessment.

(c) EEBOP and PPHD assessment reviews for a casino license applicant shall occur on a schedule to be set by the Division, which schedule shall be based on the anticipated date of the initial casino licensure hearing of the applicant or, if a casino hotel is being built or renovated, the opening of the casino.

(d) Sixty days prior to the scheduled date of a casino license hearing, a resubmission review, or an interim EEBOP assessment, the casino licensee or casino license applicant shall submit a self-assessment of its performance under its approved EEBOP and PPHD during the assessment period, including, as applicable and without limitation, the following:

1. An internal review and evaluation of each of the areas of the EEBOP where objectives were not achieved, including documentation of specific transactions or programs that were included in the EEBOP and PPHD as a means to attain these objectives;

2. An analysis by the casino licensee or casino license applicant as to why the particular objectives were not achieved;

3. An internal review and evaluation of each programmatic portion of its approved EEBOP and PPHD as to which the Division has directed an assessment; and

4. Modifications to the approved EEBOP proposed by the casino licensee or casino license applicant as a means to improve its performance in deficient areas during the next EEBOP assessment period.

(e) Upon completion of an EEBOP and PPHD assessment for a casino licensee or casino license applicant, the Division may find that the casino licensee or casino license applicant has complied with the obligations of the Act and this chapter if:

1. The casino licensee or casino license applicant did implement and comply with the terms of its approved EEBOP during the assessment period; or

2. The casino licensee or casino license applicant has in fact made good faith efforts to comply with its approved EEBOP and its failure to do so was based on occurrences which were beyond the control of the casino licensee or casino license applicant.

(f) If, upon completion of an EEBOP and PPHD assessment, the Division determines that a casino licensee or casino license applicant has failed to comply with the requirements of the Act, this chapter, or its approved EEBOP or PPHD, the Division may impose one or more of the sanctions authorized by N.J.A.C. 13:69K-7.3.

N.J. Admin. Code § 13:69K-6.8

Amended by 53 N.J.R. 366(b), effective 3/1/2021