Current through Register Vol. 56, No. 18, September 16, 2024
(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
5:12-86 or both, may not, except as
otherwise provided by
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
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
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 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.
