California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 7 - Conditions of Operation for Gambling Establishments › Article 1 - General Provisions › Section 12362 - Statewide Involuntary Exclusion List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  cardroom business licensee may remove a person from the gambling establishment
				  pursuant to Business and Professions Code section
				  19801,
				  subdivision (j), or Business and Professions Code section
				  19845.
				  A cardroom business licensee may also have an internal removal list to bar
				  certain individuals from entering the specific gambling establishment
				  only.
(b) A cardroom business
				  licensee or government official (such as law enforcement, or agents of the
				  California Horse Racing Board, Bureau, or Commission) ("requestor") may submit,
				  on Request for Statewide Involuntary Exclusion of an Individual, CGCC-CH7-01
				  (New 05/20), which is attached in Appendix A to this chapter, a request to
				  exclude an individual from all California gambling establishments based upon
				  the reasons listed in Business and Professions Code section
				  19844
				  or
				  19845,
				  subdivision (a)(7). Such request will have the protections afforded under
				  Business and Professions Code section
				  19846,
				  subdivision (a).
(c) Removal of an
				  individual from a specific gambling establishment, as described in subsection
				  (a) above, or statewide exclusion, pursuant to the request described in
				  subsection (b) above, may not be based upon the sex, race, color, religion,
				  ancestry, national origin, marital status, sexual orientation, medical
				  condition, or disability of the individual, with the exception that a problem
				  or pathological gambler may be excluded pursuant to Article 6 of these
				  regulations (commencing with section
				  12460) or involuntarily excluded
				  pursuant to this section.
(d) Upon
				  receipt of a request by a cardroom business licensee or governmental official
				  for statewide involuntary exclusion of an individual, the Executive Director
				  will review the reason for exclusion. If there appears to be good cause to
				  place an individual on the statewide involuntary exclusion list, the Executive
				  Director will issue a notice of exclusion to the individual. Such notice will
				  state the grounds for exclusion and may be served by personal service, by
				  certified mail at the last known address of the individual, or by publication
				  daily for 1 week in a newspaper of general circulation in the vicinity of the
				  requestor. The exclusion will be effective upon perfection of notice and will
				  remain in effect until the individual is removed from the list by Commission
				  decision.
(e) An individual may
				  contest the Commission's notice of exclusion by requesting a hearing from the
				  Commission. Such hearing may be pursuant to Business and Professions Code
				  section
				  19871
				  or pursuant to Government Code section
				  11500 et
				  seq., as determined by the Executive Director. Such hearing will occur within
				  60 days of the request for hearing, unless the time of the hearing is changed
				  by agreement of the Commission and the individual requesting the
				  hearing.
(f) If the individual
				  fails to appear at the time and place set for hearing, and the individual does
				  not contact the Commission within 24 hours to give good cause why the hearing
				  should be reset, a default decision will be issued affirming the
				  exclusion.
(g) At the hearing, the
				  individual may appear in person and/or be represented by counsel at the
				  individual's own expense and present relevant testimony or documentary
				  evidence. If a governmental agency requested that the individual be placed on
				  the statewide involuntary exclusion list, the governmental agency may appear.
				  If a licensee requested that the individual be placed on the statewide
				  involuntary exclusion list, then the licensee or designated agent may
				  appear.
(h) The standard of proof
				  will be preponderance of the evidence that the individual poses a threat either
				  to the public, cardroom employee type licensees, or the gambling industry, or
				  should be excluded pursuant to Business and Professions Code section
				  19844
				  or
				  19845,
				  subdivision (a)(7). The burden of proof will be on the Commission staff.
				  Evidence of exclusion or discipline by another gaming jurisdiction based upon
				  the factors described in Business and Professions Code section
				  19844
				  or
				  19845,
				  subdivision (a)(7) may be introduced.
(i) The final decision in the matter will be
				  in writing, will state any term-length for the exclusion if other than
				  lifetime, will be sent by certified mail or personal service to the individual
				  and the governmental agency or cardroom business licensee which requested the
				  individual be placed on the statewide involuntary exclusion list, and will be
				  effective immediately.
(j) If the
				  individual requested a hearing after the Commission's notice of exclusion and
				  was given a final decision in the matter that affirmed the exclusion, that
				  individual cannot petition the Commission to be removed from the statewide
				  involuntary exclusion list for a minimum of one year after the date of the
				  final decision.
(k) Petitions to be
				  removed from the statewide involuntary exclusion list must be in writing,
				  directed to the Executive Director, and sent to the Commission at 2399 Gateway
				  Oaks Drive, Suite 220, Sacramento, CA 95833. Petitioners should clearly state
				  the circumstances of the ejection or exclusion, any new evidence which is
				  material and necessary, including evidence that circumstances have changed
				  since placement on the statewide involuntary exclusion list, and why they do
				  not pose a threat to the public, cardroom employee type licensees, the gambling
				  industry, or should otherwise not be excluded pursuant to Business and
				  Professions Code section
				  19844
				  or
				  19845,
				  subdivision (a)(7). This statement must be signed under penalty of perjury
				  under the laws of the State of California. The Executive Director may summarily
				  deny the petition without prejudice due to lack of compliance with this
				  subsection. If not summarily denied, the Executive Director will provide notice
				  and opportunity to comment to the requestor. After review of the requestor's
				  comments, the Executive Director, may notify the Bureau to remove the
				  individual from the statewide involuntary exclusion list, or may set the matter
				  for hearing pursuant to Business and Professions Code section
				  19871
				  or pursuant to Government Code section
				  11500 et
				  seq., as determined by the Executive Director.
(l) The Executive Director may order an
				  individual removed from the list after verified information is received that
				  the individual is deceased and will so notify the Bureau.
(m) If the Commission determines that an
				  individual should be removed from the statewide involuntary exclusion list, the
				  Commission's decision will include an order removing the individual's name from
				  the list, and will so notify the Bureau. The Bureau will amend the exclusion
				  database and send notification to all gambling establishments and to the
				  requestor.
(n) Judicial review of
				  the Commission's decision will be in accordance with Code of Civil Procedure,
				  section
				  1094.5.
(o) The statewide involuntary exclusion list
				  will be maintained by the Bureau, sent or made available to all gambling
				  establishments, and may be shared with law enforcement personnel of any
				  jurisdiction.
(p) Cardroom business
				  licensees must implement policies and procedures designed to thwart excluded
				  persons, as noticed by the Bureau, from entering the gambling establishment,
				  ejection or removal procedures of any patrons once recognized as being a known
				  excluded person, and notification to the Bureau of any incidents of attempted
				  entry, entry, or removals of known excluded persons. This regulation does not
				  require a cardroom business licensee's policies and procedures to include
				  patrons providing proof of identification before entering the gambling
				  establishment. This regulation does not require the gambling establishment to
				  use physical force in ejecting or removing an excluded person.
(q) The Commission may discipline a licensee
				  that knowingly fails to take prompt, reasonable action to eject or exclude an
				  individual listed on the statewide involuntary exclusion list, or fails to
				  notify the Bureau of any entries or attempts to enter by an excluded person,
				  pursuant to Chapter 10 of these regulations.
(r) This regulation does not create any right
				  or cause of action against a cardroom business licensee, government official
				  (such as law enforcement, or agents of the California Horse Racing Board,
				  Bureau, or Commission) by an excluded person or abrogate the existing statutory
				  privileges and immunities of a cardroom business licensee or requestor, or
				  limit or expand the provisions of Business and Professions Code section
				  19846.
1. New
					 section filed 2-13-2009; operative 3-15-2009 (Register 2009, No.
					 7).
2. Change without regulatory effect amending subsection (b)
					 filed 9-30-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 39).
3. Change without regulatory
					 effect amending subsection (a) and NOTE filed 1-8-2018 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2018, No. 2).
4. Amendment filed 12-12-2020;
					 operative 1-1-2021 pursuant to Government Code section
					 11343.4(b)
					 (Register 2020, No. 51). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20.
Note: Authority cited: Sections
						19840
						and
						19844,
						Business and Professions Code. Reference: Sections
						19801(j),
						19801(m),
						19844,
						19845,
						19846
						and
						19940,
						Business and Professions Code.