N.J. Admin. Code § 13:74-5.10

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

Section 13:74-5.10 - Suspension or revocation of a license; penalties for violations

(a) Any license issued pursuant to this chapter, considering the particular facts present and the nature of the violation, may, following the conduct of a hearing, be suspended for a finite period of time, suspended indefinitely, permanently revoked, and a monetary fine issued, or a letter of reprimand issued, at any time for:

1. Misconduct or malfeasance;

2. Conduct detrimental to racing;

3. Failure to comply with any license condition;

4. Violation of any rule or order of the Commission;

5. Failure to comply with the requirements of the Act, this chapter, or fraudulent activity;

6. Bribery; financial irresponsibility, meaning the accumulation of unpaid obligations, or the issuance of drafts or checks that are dishonored or on which payment is refused, or otherwise displaying financial irresponsibility reflecting on off-track wagering, account wagering or racing;

7. Failure to cooperate with the Commission in any investigation as required by N.J.A.C. 13:74-5.11; or

8. Any attempt to commit, or participation in any conspiracy to commit, any of the above-listed acts.

(b) Any fine imposed as a result of a violation of this chapter shall not exceed $5,000 per violation. Where the violation is ongoing in nature, a fine not to exceed $5,000 per day may be imposed. A penalty of revocation may only be ordered by the Commission.

(c) Where a license suspension or license revocation is ordered, the licensee subject to the action shall be ordered not to appear at any premises subject to the jurisdiction of the Commission.

(d) In imposing any penalty, the imposition of remedial conditions may be ordered.

(e) A licensee, subject to compliance with the requirements and procedures set forth in N.J.A.C. 13:71-26.9, may have his or her license suspended immediately when the licensee is indicted in this State for a crime of the first, second, third or fourth degree, or is indicted for a similar crime under Federal law or the law of another state or country.

(f) Where a penalty is imposed as a result of a violation of this chapter, the Executive Director shall cause a ruling to be issued reflecting the violation and penalty ordered.

N.J. Admin. Code § 13:74-5.10