New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 69J - PERSONS DOING BUSINESS WITH CASINO LICENSEES
Subchapter 1 - GENERAL PROVISIONS
Section 13:69J-1.14B - Temporary qualification at license issuance; pendent qualifiers during term of license; permission to exercise powers and perform duties prior to Division finding of plenary qualification

Universal Citation: NJ Admin Code 13:69J-1.14B

Current through Register Vol. 56, No. 6, March 18, 2024

(a) Notwithstanding the provisions of N.J.A.C. 13:69J-1.14(a), a casino service industry enterprise license or ancillary casino service industry enterprise license may be issued by the Division without the applicant having first established the plenary qualification of each natural person otherwise required to qualify pursuant to N.J.A.C. 13:69J-1.14(a) or (c) provided that:

1. Any natural person qualifier who has not been found qualified by the Division in accordance with the provisions of N.J.A.C. 13:69J-1.14(a) as of the date of license issuance has been found temporarily qualified in accordance with the provisions of (b) below;

2. The number of temporary qualifiers has been approved by the Director of the Division; and

3. None of the temporary qualifiers is:

i. The chief executive officer or equivalent;

ii. The chief operating officer or equivalent;

iii. A person who directly or indirectly holds any beneficial interest between five and ten percent, and is not an institutional investor of the applicant; or

iv. An inside director as defined in N.J.A.C. 13:69J-1.1.

4. Notwithstanding the provisions of (a)3 above, the Division, for good cause and in the sole discretion of the Director, may issue a casino service industry enterprise license pursuant to N.J.S.A. 5:12-92.a provided that its qualifiers have:

i. Complied with the requirements of (b)1 through 3 below; and

ii. Submitted a certification establishing good cause on a form acceptable to the Director.

(b) For the purposes of this section, no natural person shall be temporarily qualified by the Division unless it finds that such person:

1. Is required to qualify pursuant to N.J.A.C. 13:69J-1.14(a) or (c) as part of an application for the issuance of a casino service industry enterprise license but has not been found qualified in accordance with N.J.S.A. 5:12-92bdue to an ongoing investigation of that qualifier by the Division as of the date the license is issued by the Division;

2. Has filed all application materials required by the Division; and

3. Has been identified by the Division as an individual as to whom it has conducted a preliminary background investigation and does not currently possess any negative information that would affect the ability of such person to establish his or her qualifications.

(c) Notwithstanding the provisions of N.J.A.C. 13:69J-1.14(a), a casino service industry enterprise licensee or ancillary casino service industry enterprise license may retain its license pursuant to N.J.S.A. 5:12-94.h(1) without having first established the individual qualifications of each natural person otherwise required to qualify pursuant to N.J.A.C. 13:69J-1.14(a) or (c) provided that each person who is required to qualify pursuant to N.J.A.C. 13:69J-1.14(a) or (c) but has not been the subject of a qualification determination by the Division is a pendent qualifier in accordance with the provisions of (d) below.

(d) For the purposes of this section, a pendent qualifier is any natural person who:

1. Is required to qualify pursuant to N.J.A.C. 13:69J-1.14(a) or (c) as part of a casino service industry enterprise license or ancillary casino service industry enterprise license but has not been the subject of a qualification determination by the Division due to his or her obligation to qualify having arisen after the date of the initial license issuance or the previous resubmission;

2. Has had the notices and application materials required by N.J.A.C. 13:69J-1.14A(b) filed with the Division in accordance with the deadlines set forth therein; and

3. Has not been the subject of a Division determination, after appropriate notice and hearing, that reasonable cause exists to believe that such person may not be qualified based on information presented by the Division.

(e) Except as otherwise provided in (f) below, a temporary qualifier or pendent qualifier shall be entitled to exercise the powers and perform the duties of his or her position for a period of 18 months from the date that temporary qualifier or pendent qualifier status is attained pursuant to (b) or (d) above.

(f) The Division shall require the removal of any temporary qualifier or pendent qualifier if the Division determines, after appropriate notice and hearing, that the temporary qualifier or pendent qualifier does not satisfy any applicable requirement of (a) through (d) above or if such person is not found qualified by the deadlines set forth in (e) above. If a casino service industry enterprise licensee, after appropriate notice and hearing, does not remove a temporary qualifier or pendant qualifier from his or her position, the Division may impose the sanctions set forth in N.J.A.C. 13:69J-1.14A(d).

(g) Notwithstanding the deadlines set forth in (e) above, the Division may determine the plenary qualification of any temporary qualifier or pendent qualifier in accordance with the provisions of N.J.A.C. 13:69J-1.14(a) as soon as the Division completes its investigation of the qualifier.

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