State Codes and Statutes

Statutes > New-jersey > Title-5 > Section-5-12 > 5-12-130

5:12-130.  Imposition of sanctions--standards
    In considering appropriate sanctions in a particular case, the commission shall consider:

    a.  The risk to the public and to the integrity of gaming operations created  by the conduct of the licensee or registrant;

    b.  The seriousness of the conduct of the licensee or registrant, and whether the conduct was purposeful and with knowledge that it was in contravention of the provisions of this act or regulations promulgated hereunder;

    c.  Any justification or excuse for such conduct by the licensee or registrant;

    d.  The prior history of the particular license or registrant involved with  respect to gaming activity;

    e.  The corrective action taken by the licensee or registrant to prevent future misconduct of a like nature from occurring;  and

    f.  In the case of a monetary penalty, the amount of the penalty in relation  to the severity of the misconduct and the financial means of the licensee or  registrant.  The commission may impose any schedule or terms of payment of such  penalty as it may deem appropriate.

    g.  It shall be no defense to disciplinary action before the commission that  an applicant, licensee, registrant, intermediary company, or holding company  inadvertently, unintentionally, or unknowingly violated a provision of this  act.  Such factors shall only go to the degree of the penalty to be imposed by  the commission, and not to a finding of a violation itself.

     L.1977, c. 110, s. 130, eff. June 2, 1977.  Amended by L.1981, c. 503, s. 21,  eff. Feb. 15, 1982.