New Jersey Administrative Code
Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY
Chapter 40A - GENERAL PROVISIONS
Subchapter 2 - ORGANIZATION AND OPERATION OF THE COMMISSION
Section 19:40A-2.6 - Post-employment restrictions

Universal Citation: NJ Admin Code 19:40A-2.6

Current through Register Vol. 56, No. 18, September 16, 2024

(a) For purposes of this section, a "policy-making management position" for the Commission means the Executive Secretary; the Chief of Staff; a Director of any Division; the General Counsel; and any other person designated to serve on the Commission's management team.

(b) No employee of the Commission shall solicit or accept employment with, or acquire any direct or indirect interest in, any person who is an applicant, licensee, or registrant with the Commission for a period of two years from the date of termination of his or her employment with the Commission. Notwithstanding the foregoing:

1. A secretarial or clerical employee may solicit and accept such employment at any time after termination of employment with the Commission;

2. Any employee, other than a person subject to (c) below, who is terminated as the result of a reduction in workforce at the Commission may accept employment otherwise prohibited by this subsection upon application to and the approval of the Commission pursuant to (d) and (e) below; and

3. Nothing in this section shall prohibit a former employee of the Commission from soliciting or accepting employment with, or acquiring an interest in, any person who is registered as a casino service industry enterprise pursuant to subsection 92.c of the Act.

(c) At the end of two years from termination of employment, and for a period of two years thereafter, any person who held a policy-making management position with the Commission at any time during the five years prior to termination of employment shall not:

1. Solicit employment with an applicant, licensee, or registrant unless he or she has provided prior written notice of an intent to solicit such employment to the Commission's General Counsel; or

2. Accept or commence employment with, or acquire an interest in, an applicant, licensee, or registrant except upon application to and the approval of the Commission pursuant to (d) below for that particular employment or interest.

(d) A petition for waiver pursuant to (b)2 or (c) above shall be in writing and shall identify the following:

1. The applicant, licensee, or registrant that has made an offer of employment, or in which the petitioner will acquire an interest;

2. The position to be held and the specific nature of the duties to be performed for the applicant, licensee, or registrant, or the nature of the interest to be acquired; and

3. Any positions held and the specific nature of the duties performed while employed by the Commission.

(e) The Commission may grant a waiver upon a finding that the acceptance of the employment or the acquisition of the interest identified in the petition will not create the appearance of a conflict of interest or evidence a conflict of interest in fact.

(f) The Commission's General Counsel shall review each petition for waiver and supporting documentation and shall make a recommendation to the Commission, with copies to the Division and the petitioner, within 10 days of the receipt of a completed petition.

(g) Any waiver granted pursuant to (e) above shall apply only to the applicant, licensee, or registrant and the position or interest identified in the petition for waiver. No person subject to post-employment restriction pursuant to (b)2 or (c) above shall accept or commence employment in any other position or with any other applicant, licensee, or registrant, or acquire any other interest that is otherwise prohibited unless a waiver has been granted by the Commission for such employment or interest.

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