reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 2 - COMMENCEMENT OF CONTESTED CASE HEARING › Section 19:42A-2.1 - Right to a hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall not deny, suspend, or revoke any license or take action to disqualify any person required to establish individual qualification, unless it has first afforded the applicant, licensee, or qualifier an opportunity for a hearing in accordance with law and the rules of the Commission.
(b) This section shall not apply where the Commission is required by law to deny an application or revoke a license or qualification without exercising any discretion in the matter on the basis of a judgment of a court of competent jurisdiction.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 2 - COMMENCEMENT OF CONTESTED CASE HEARING › Section 19:42A-2.2 - Commencement of a contested case hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contested case shall be commenced at the direction of the Commission or by the filing of one of the following by the Division:
1. A report recommending that an application for a casino license, a casino key employee license, or individual qualification in connection with a casino license should not be granted;
2. A report recommending that a casino license, a casino key employee license, or an individual qualification in connection with a casino license should be revoked;
3. A written complaint requesting that the Commission suspend a casino license, casino key employee license, or individual qualification in connection with a casino license;
4. At the request of the Director upon issuance of a report and recommendation in accordance with 5:12-87.1; or
5. A report requesting a conference for an application for a casino license, a casino key employee license, or individual qualification in connection with a casino license.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 2 - COMMENCEMENT OF CONTESTED CASE HEARING › Section 19:42A-2.3 - Notice of right to a hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Commission has been provided with a copy of the appropriate document set forth in N.J.A.C. 19:42A-2.2(a), the Commission shall serve upon the applicant, licensee, or qualifier a copy of the Division report or complaint and a written notice of the right to a hearing and the responsibility to request a hearing, with a copy of same to the Division, as follows:
1. Reports regarding a contested application shall be served upon an applicant by certified and ordinary mail; and
2. Complaints shall be served upon an applicant, licensee, or qualifier either personally or by certified mail.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 2 - COMMENCEMENT OF CONTESTED CASE HEARING › Section 19:42A-2.4 - Request for a hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any request for a hearing before the Commission shall be filed with the Commission in writing by hand-delivering or mailing the request for a hearing to:
New Jersey Casino Control Commission
Document Control Unit
ATTN: Hearings and Appeals Unit
Tennessee Avenue and the Boardwalk
Atlantic City, New Jersey 08401
One copy of a request for a hearing shall simultaneously be submitted to the Division and each other party, if applicable, within 20 calendar days of the Commission's notification to the applicant or respondent of their right to a hearing. Such request shall include a notice of defense, which sets forth:
1. Admission or denial of the allegations in whole or in part;
2. Affirmative defenses, new matters, or explanations by way of defense; or
3. Any legal objection to the findings and determinations contained in the Division's report or complaint including, but not limited to, constitutional issues, statutory authority, and/or regulatory authority.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 2 - COMMENCEMENT OF CONTESTED CASE HEARING › Section 19:42A-2.5 - Failure to request a hearing; withdrawal of a request; final action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a party fails to timely file a request for a hearing before the Commission pursuant to N.J.A.C. 19:42A-2.4, or withdraws a request for a hearing, the Commission may:
1. Order a hearing on its own motion; or
2. Determine that such action constitutes a waiver of the right to a hearing and an admission of all material allegations concerning the failure of the applicant or respondent to qualify or maintain his or her qualifications. Upon such a determination, the Commission may take final action including, without limitation:
i. Denial of any pending application;
ii. Revocation of a license or qualification;
iii. Other relief that is consistent with the policies of the Act and in the public interest.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 2 - COMMENCEMENT OF CONTESTED CASE HEARING › Section 19:42A-2.6 - Transmission to the OAL or designation of a hearing examiner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 5:12-107(a), unless the Commission hears a contested case directly, the Chair may refer the matter to the OAL or designate a member of the Commission, or other qualified person other than an employee of the Commission, to serve as a hearing examiner.
(b) If a hearing examiner becomes unavailable at any time after the commencement of a hearing, but prior to the filing of the initial decision, the Chair may appoint another hearing examiner or transfer the contested case to the OAL or the Commission. The Commission or the new hearing examiner may either continue the hearing and render a decision upon the entire record or begin the hearing anew.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 3 - CONDUCT OF CONTESTED CASE HEARING › Section 19:42A-3.1 - Burden of proof

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant or respondent shall have the affirmative obligation to establish by clear and convincing evidence satisfaction of the applicable affirmative standards set forth in the Act and rules of the Commission for licensure or individual qualification.
(b) The Division shall have the affirmative obligation to establish by a preponderance of the evidence the disqualification, pursuant to 5:12-86, of an applicant, licensee, or individual qualifier requested in accordance with N.J.A.C. 19:42A-2.2(a)1 or 2.
(c) The Division shall have the affirmative obligation to establish by a preponderance of the evidence the grounds for suspension of an applicant, licensee, or individual qualifier requested in accordance with N.J.A.C. 19:42A-2.2(a)3.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 3 - CONDUCT OF CONTESTED CASE HEARING › Section 19:42A-3.2 - Settlement prior to transmission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the parties agree to a settlement prior to transmission of the case to the Commission or its designated hearing examiner or the OAL, a written stipulation signed by all parties, and their representatives, shall be submitted to the Commission. The settlement shall be scheduled for disposition by the Commission at a public meeting at which the Commission shall:
1. Approve the settlement;
2. Approve the settlement as modified by the Commission with the consent of the parties;
3. Reject the settlement and remand the contested case to be scheduled for further proceedings; or
4. Take such action as the Commission deems appropriate.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 3 - CONDUCT OF CONTESTED CASE HEARING › Section 19:42A-3.3 - Wage executions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission may condition the granting or retention of a casino key employee license or the granting of a petition pursuant to 13:69A-8.9 or 8.10 upon compliance with a court order or a consent agreement with the Division pursuant to which a portion of the applicant's, licensee's, or petitioner's wages will be withheld as an installment payment against a financial obligation owed or secured, directly or indirectly, to the State of New Jersey or any subdivision thereof or other governmental entity.
(b) Any individual who is subject to a Commission order pursuant to (a) above shall:
1. Submit a copy of the Commission order and the relevant court order or consent agreement to his or her current casino employer and to any future casino employer until the obligation is paid in full; and
2. Notify the Commission and the Division when the terms of the court order or consent agreement have been satisfied, including evidence that the obligation has been paid in full. Such notice shall be directed to the Commission's Document Control Unit at the address specified in N.J.A.C. 19:42A-2.4 and to the Division at the address specified in the rules of the Division.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 4 - COMMENCEMENT OF APPEAL HEARING › Section 19:42A-4.1 - Right to appeal; notice of right to appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any licensee, applicant for a license, or registrant who is aggrieved by a final action of the Division shall have the right to appeal to the Commission. Pursuant to 5:12-63(b)  and 107(h), an appeal may be taken from the following Division actions:
1. A notice of violation and penalty assessment issued upon any applicant, qualifier, licensee, or registrant;
2. A ruling on an application for a casino service industry enterprise license pursuant to 5:12-92;
3. A ruling on an application for any other license or qualification under the Act;
4. Revocation of a license or registration;
5. A ruling by the Director regarding a request for a statement of compliance pursuant to 5:12-81(a); and
6. Placement on an exclusion list.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 4 - COMMENCEMENT OF APPEAL HEARING › Section 19:42A-4.2 - Commencement of appeal hearing; extension of time to appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party may appeal a final action of the Division by filing with the Commission a written request to appeal. Such written request shall be filed by hand-delivering or mailing an appeal request form within 20 calendar days of the Commission's notification to the party of the party's right to appeal to:
New Jersey Casino Control Commission
Document Control Unit
ATTN: Hearings and Appeals Unit
Tennessee Avenue and the Boardwalk
Atlantic City, New Jersey 08401
One copy of a request to appeal shall also be simultaneously submitted to the Division and any other party. The appeal will be docketed upon receipt by the Commission and acknowledged in writing.
(b) Any request to extend the time to appeal a final action shall be made in writing to the Commission's Document Control Unit, ATTN: Hearings and Appeals Unit, at the address specified in (a) above. The Commission may, upon a showing of good cause and in the absence of prejudice, or in the interest of public policy, extend the time within which a request to appeal may be filed for an additional 20 days.
(c) Upon receipt of a party's request to appeal, the Commission shall provide the appellant with an opportunity to submit a Case Information Statement.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 4 - COMMENCEMENT OF APPEAL HEARING › Section 19:42A-4.3 - Record on appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The record on appeal shall include all papers and exhibits, including audio and video recordings, on file with the Division, together with all entries as to matters made on the record, the stenographic transcript of the proceedings at the Division, and all papers filed with the Division hearing examiner.
1. Within 20 days of the service upon it of a notice of appeal, the Division shall file a statement with the Commission of the items comprising the record on appeal and shall serve a copy thereof on each party to the appeal and shall file a copy of the items comprising the record with the Commission.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 4 - COMMENCEMENT OF APPEAL HEARING › Section 19:42A-4.4 - Case Information Statement form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Case Information Statement shall be in a format prescribed by the Commission and shall require the appellant to provide the following information:
1. Appellant's name;
2. Appellant's current address and telephone number;
3. Names of all parties involved;
4. A brief statement of the facts and procedural history;
5. The proposed issues sought to be raised on appeal;
6. Any legal objection to the decision, including, but not limited to, constitutional issues, statutory authority, and/or regulatory authority; and
7. Whether the appellant wants an opportunity to present oral argument.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 4 - COMMENCEMENT OF APPEAL HEARING › Section 19:42A-4.5 - Filing and service of Case Information Statements, briefs, and motions

Current through Register Vol. 56, No. 14, July 15, 2024
One copy of all Case Information Statements, briefs, and motions filed pursuant to this chapter shall be served on all parties, and proof of such service shall be appended to the original, which shall be filed with the Commission.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 4 - COMMENCEMENT OF APPEAL HEARING › Section 19:42A-4.6 - Time for filing and service of briefs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appellant may serve and file a brief in support of the appeal within 20 days after the hearing record has been deemed established by the Commission, or within such time as the Commission order, whichever is later.
(b) The respondent may serve and file an answer brief within 20 days after service of the appellant's brief or within such time as the Commission orders, whichever is later.
(c) The appellant may serve and file a reply brief within 10 days after service of the respondent's brief or within such time as the Commission orders, whichever is later.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 4 - COMMENCEMENT OF APPEAL HEARING › Section 19:42A-4.7 - Dismissal of appeal; withdrawal; effect of stipulation on appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appellant shall provide any information that is requested by the Commission, and failure to provide such information may result in dismissal of the appeal. The Commission may at any time on its own motion, or on motion of either party, dismiss an appeal if the appellant fails to cooperate or maintain contact with the Commission during the pendency of their appeal or if the Commission determines that the motive for filing an appeal was frivolous or improper.
(b) An appellant may withdraw an appeal at any time prior to the issuance of the Commission's, or its designated hearing examiner's, decision, whereupon the Commission or its designated hearing examiner shall discontinue all proceedings and notify all parties accordingly.
(c) An appeal may be settled at any time prior to issuance of the Commission or its designated hearing examiner's decision, provided that the parties notify the Commission or its designated hearing examiner of any settlement and file the dispositive stipulation with the Commission or its designated hearing examiner, whereupon the appeal shall be dismissed.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 5 - CONDUCT OF APPEAL HEARING › Section 19:42A-5.1 - Conduct of appeal hearing

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall conduct appeal hearings in accordance with 5:12-107, the UAPR, the special hearing rules, and this chapter.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 5 - CONDUCT OF APPEAL HEARING › Section 19:42A-5.2 - Oral argument

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party may request an opportunity to orally present their appellate arguments. Such request must be made in writing at the time the Case Information Statement is filed and submitted to the Commission's Document Control Unit, ATTN: Hearings and Appeals Unit at the address specified in N.J.A.C. 19:42A-4.2(a).
(b) The Commission may grant a request for oral argument for good cause shown.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 5 - CONDUCT OF APPEAL HEARING › Section 19:42A-5.3 - Determination of appeal hearing procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon timely receipt of a completed Case Information Statement, the Commission or its designated hearing examiner shall notify the parties that their appeal hearing will proceed as follows:
1. Where an opportunity to present oral argument is not requested, the appeal may be considered on the appeal record and any timely and relevant submissions of the parties, unless directed otherwise in accordance with the provisions of this chapter.
2. Where an opportunity to present oral argument is requested and granted, the appeal will be scheduled for oral argument before the hearing examiner, with the oral argument transcribed and made a part of the record on appeal.
3. Where an opportunity to present oral argument is requested and denied, the appeal will be considered on the appeal record and any timely and relevant submissions of the parties.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 5 - CONDUCT OF APPEAL HEARING › Section 19:42A-5.4 - Evidence; new evidence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parties may agree by written stipulation that certain specified evidence may be admitted, pursuant to 5:12-107, although such evidence shall be otherwise subject to objection.
(b) The record on appeal may only be supplemented with new evidence upon motion of any party and a showing by the party seeking to supplement the record of one or more of the following:
1. Mistake, inadvertence, surprise, or excusable neglect;
2. Fraud, misrepresentation, duress, or other conduct of an adverse party; or
3. Any other reason consistent with the public policy of the Act and in the interests of justice.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 5 - CONDUCT OF APPEAL HEARING › Section 19:42A-5.5 - Standard of review

Current through Register Vol. 56, No. 14, July 15, 2024
Appeals of final actions shall be reviewed by the Commission
de novo
without regard to the factual and legal determinations of the Division hearing examiner.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 5 - CONDUCT OF APPEAL HEARING › Section 19:42A-5.6 - Appeal decision

Current through Register Vol. 56, No. 14, July 15, 2024
Any appeal decision shall be considered a final order of the Commission, which shall constitute final agency action for purposes of establishing jurisdiction on appeal in the New Jersey Superior Court.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 6 - HEARINGS ON COMPLAINTS AGAINST THE DIVISION › Section 19:42A-6.1 - Hearings on complaints against the Division

Current through Register Vol. 56, No. 14, July 15, 2024
In its sole discretion, the Commission may conduct hearings on complaints against the Division that have been initiated pursuant to 5:12-63(h). Such hearings shall be held in accordance with the provisions of the UAPR, the special hearing rules, the Casino Control Act, and this chapter. To the extent that the Casino Control Act and this chapter are inconsistent with the UAPR, this chapter shall apply.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 6 - HEARINGS ON COMPLAINTS AGAINST THE DIVISION › Section 19:42A-6.2 - Burden of proof

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to prevail against the Division in a complaint filed pursuant to this subchapter, the casino licensee shall have the affirmative responsibility of establishing by clear and convincing evidence that:
1. The procedures of the Division had no reasonable law enforcement purpose; and
2. The procedures of the Division were so disruptive as to inhibit unreasonably casino or simulcasting operations.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 42A - HEARINGS AND APPEALS › Subchapter 7 - HEARINGS ON RULES › Section 19:42A-7.1 - Hearings on regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to section 69(a) of the Act, the Commission shall adopt, amend, and repeal its rules in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq.
(b) Consistent with the requirements of the Act and the Administrative Procedure Act, the Commission may, in its discretion, conduct hearings concerning the adoption, amendment, or repeal of its rules.
(c) Any public hearing held in connection with a proposed rule shall be conducted in accordance with 52:14B-4(g).
(d) The Commission shall provide at least 15 days notice of any public hearing conducted in connection with a proposed rule. Such notice shall be published in the New Jersey Register or provided in a manner reasonably calculated to reach the interested public in accordance with 1:30-5.5(b).
(e) When a hearing is held in connection with a proposed rule, all interested parties shall be afforded the opportunity to attend and to appear before the Commission to submit oral argument in support of or in opposition to the proposed rule. Such participation does not include the right to present evidence or to cross-examine witnesses, which may be permitted solely in the discretion of the Commission.
1. The Commission may require notice in advance of the date of the proceedings of any individual's intent to participate.
2. This section shall not be construed to establish a right of any individual to appear before the Commission in the event that the Commission may act at a subsequent date to adopt the proposed rule.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 43A - CASINO LICENSEES

Current through Register Vol. 56, No. 14, July 15, 2024
CHAPTER AUTHORITY:
N.J.S.A. 5:12-50, 52, 54, 56, 60, 63, 69, 72, 73, 74, 74.1, 80, 81, 82, 83, 84, 85, 85.1, 86, 87, 89, 91.1, 94, 95, 95.12 through 95.16, 105, 106, 107, 108, and 130.1 through 130.11.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 1 - GENERAL PROVISIONS › Section 19:65-1.1 - Purpose and objectives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules contained in this chapter are established to effectuate, and shall be applied so as to accomplish the general purposes of the Act, including, without limitation:
1. To assist in the development or redevelopment of political subdivisions within the State in the manner and priority set forth in the Act; and
2. To increase opportunities for gainful employment and to improve living conditions in such political subdivisions; and
3. To foster and promote the economy of the State generally.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 2 - APPLICATION, ELIGIBILITY, PRIORITY AND HEARING › Section 19:65-2.1 - Applications generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Authority will act upon applications which involve projects that meet the requirements of the Act, these rules and the specific goals of the Authority as determined from time to time by the Authority.
(b) From time to time the Authority may issue guidelines outlining, among other things, the nature of the projects it intends to fund or approve and the approximate amounts available to fund such projects.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 2 - APPLICATION, ELIGIBILITY, PRIORITY AND HEARING › Section 19:65-2.2 - Time for application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise provided in these rules or in the Act, an applicant shall apply to the Authority in accordance with the procedures set forth in these rules for a determination of eligibility of its proposed project at any time before the commencement of the project and shall not commence the project until the Authority makes a determination of eligibility.
(b) For purposes of this section, commencement of a project shall not be deemed to have occurred by mere acquisition of land or real property or by engagement of an architect, engineer or other consultant to draw plans or to determine feasibility, legality, costs or other such factors, or by negotiations with prospective sellers, contractors and investors, or by execution of agreements or contracts which are expressly conditioned upon a determination of eligibility by the Authority.
(c) Failure of an applicant to apply timely for a determination of eligibility as provided in this section shall render the project ineligible unless the applicant establishes to the satisfaction of the Authority that good cause existed for such failure in which case the Authority may waive the time provisions provided for herein.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 2 - APPLICATION, ELIGIBILITY, PRIORITY AND HEARING › Section 19:65-2.3 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant shall file with the Authority an application, together with:
1. Such other information as the Executive Director and/or the Authority may require including, without limitation, the appraisal required by N.J.A.C. 19:65-2.9(b) if a donation of property is involved; and
2. The application fee(s) provided in N.J.A.C. 19:65-6.1.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 2 - APPLICATION, ELIGIBILITY, PRIORITY AND HEARING › Section 19:65-2.4 - Application review and approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The preliminary review of a project application and the preliminary determination of its eligibility for Authority funds shall be conducted as follows:
1. The Executive Director shall review the application for completeness and prepare a summary as to potential eligibility of the project and forward the application and summary to the Authority.
2. The Authority shall, by resolution, preliminarily determine whether the project is of the character and type which is eligible to be an approved project. In the event the Authority has so determined, the applicant shall thereafter submit such other information as the Authority from time to time may request in accordance with the provisions set forth herein.
3. A preliminary determination of eligibility by the Authority pursuant to this Section shall in no event constitute a determination by the Authority that the project is an approved project.
4. After the Authority has made a preliminary determination of eligibility, the Authority shall conduct a public hearing in accordance with N.J.A.C. 19:65-2.7. Notwithstanding anything to the contrary herein, no further action under this section shall be taken until after such public hearing has been held.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 2 - APPLICATION, ELIGIBILITY, PRIORITY AND HEARING › Section 19:65-2.5 - Approval criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Authority shall approve projects in accordance with the guidelines and criteria set forth in the Act.
(b) The Authority shall require that the applicant establish before commencement of the project, among other things, the following:
1. In the case of projects involving construction, that the site for the proposed project is under the control of the applicant or that a governmental or public body or agency has manifested its intent to permit the applicant to acquire control over the site of the proposed project;
2. In the case of projects involving the loan of bond proceeds, that the project is sufficiently financially feasible such that it has the minimum characteristics of an investment in that a degree of assurance exists that interest and principal payments can be made and other terms of the proposed investment be maintained over the period thereof and that a loan of the bond proceeds in connection therewith would qualify for a bond rating of "C" or better;
3. That the applicant has the financial capability to undertake the project; and
4. That the project, with respect to projects not in Atlantic City, will result in minimal displacement of existing households; and with respect to projects in Atlantic City, in cases where displacement of commercial or residential facilities may be necessary, such displacement must be consistent with the Atlantic City Task Force on Housing and Community Development of March 24, 1983 and incorporated in the redevelopment plan known as "Inlet Community Redevelopment--A Balanced Community Concept and Strategy for Reinvestment, Atlantic City, New Jersey, October, 1983" (sometimes referred to as the "American Cities Plan") approved and adopted by the New Jersey Casino Control Commission.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 2 - APPLICATION, ELIGIBILITY, PRIORITY AND HEARING › Section 19:65-2.6 - Priorities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In considering whether to approve a project, the Authority shall be guided by and accord priority to projects which, among other things:
1. As to projects in Atlantic City:
i. Will be situated in Neighborhood Strategy Areas so as to lead to the establishment of a balanced community and the development of a comprehensive housing program for the City of Atlantic City;
ii. Address the housing needs of the persons and their families residing in the City of Atlantic City in 1983 and continuing such residency through December 19, 1984 and as set forth in the determination, from time to time, by the Authority as to the housing needs for Atlantic City made in consultation with the City of Atlantic City and specifically its zoning and planning boards;
iii. Are in accordance with any other comprehensive plan or project which is consistent with the standards set forth in N.J.S.A. 5:12-144.1f(3) and which is acceptable to the Authority pursuant to 5:12-173;
iv. Are located within the area designated for redevelopment under the redevelopment plan known as "Inlet Community Redevelopment--A Balanced Community Concept and Strategy for Reinvestment, Atlantic City, New Jersey, October, 1983" approved and adopted by the New Jersey Casino Control Commission (sometimes referred to as the "American Cities Plan"), and are found by the Authority to be consistent, in location, housing type, design, and other relevant criteria with the goals, objectives, and implementation strategy of that plan; or, a part of a redevelopment plan adopted in accordance with 40A:12A-1 et seq. or similar laws and formally approved by the Authority on the basis of findings by the Authority that implementation of the plan will have a significant positive impact on the creation of sound neighborhood conditions and the creation of affordable housing opportunities in the City of Atlantic City;
v. Will further the development of Atlantic City in the ways specified by 5:12-160 or any other pertinent provisions of the Act.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 2 - APPLICATION, ELIGIBILITY, PRIORITY AND HEARING › Section 19:65-2.7 - Public hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In considering whether a particular project shall be an approved project, the Authority shall conduct in the jurisdiction of the local government unit in which the project is located such hearings as may be necessary or appropriate to determine whether the project satisfies the standards, criteria and guidelines set forth in the Act and these rules. The Authority may conduct such hearings directly or the Chairman may designate one member of the Authority, the Executive Director or any Authority employee to preside at the hearing. Unless required by law, such hearings shall be conducted as non-adversarial, informational proceedings and shall not be considered "contested cases" within the meaning of P.L. 1968, c.410, as amended (52:14B-1 et seq.). The fees and costs of such hearings, including the cost of any transcript, shall be borne by the applicant.
(b) The Authority shall give notice of any hearing at least 15 days before the date of the hearing by publication in a newspaper of general circulation in the municipality in which the project will be located, by posting a notice at the Authority's office and by delivering a copy of the notice to the clerk of the municipality in which the project will be located, the applicant and any other interested party. The notice shall include the time and place of the hearing, the names and addresses of the parties involved in the project and a brief description of the project. The Authority shall not be obligated to provide notice of any adjournment or adjournments of any scheduled hearing so long as it gives notice, as provided by these rules, of the new hearing date.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 2 - APPLICATION, ELIGIBILITY, PRIORITY AND HEARING › Section 19:65-2.8 - Approval of projects which constitute equivalent investments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Authority may permit, in its sole discretion, a licensee to make equivalent investments in approved projects in lieu of purchasing bonds. In such instance, the licensee shall make an application in the same manner as other applicants under these rules.
(b) The Authority may waive the requirement of a licensee to purchase bonds only after the licensee has provided the Authority with sufficient information to show good cause. For purposes hereof, good cause means and includes, but is not limited to, the following:
1. Managerial, operational and financial responsibility for the project; or
2. Acquisition, development, construction, improvement or rehabilitation of a project which would not be so acquired, developed, constructed, improved or rehabilitated through an investment by the Authority from the proceeds of bonds.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 2 - APPLICATION, ELIGIBILITY, PRIORITY AND HEARING › Section 19:65-2.9 - Approval of projects which constitute donation of money or realty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Authority may permit, in its sole discretion, a licensee to make a donation of money or realty to approved projects in lieu of purchasing bonds. In such instance, the licensee shall make an application in the same manner as other applicants under these rules.
(b) With respect to a donation of realty, in determining the amount of the donation to be permitted as a tax credit in lieu of purchasing bonds, the Authority shall require the licensee to provide the realty's acquisition value.
(c) Notwithstanding anything in this section to the contrary, the Authority shall not permit the licensee to make donations in lieu of purchasing bonds if it would result in:
1. The violation of any agreement or covenant, or the impairment of any contractual or financial obligation, of the Authority; or
2. The impairment of the set aside for the SBMWE Development Authority as provided in 5:12-181; or
3. The reduction or impairment of the allocation to be made pursuant to N.J.S.A. 5:12-144.1f relating to Atlantic City, South Jersey and North Jersey and the portions thereof to be used to finance housing facilities for persons or families of low through middle income.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 2 - APPLICATION, ELIGIBILITY, PRIORITY AND HEARING › Section 19:65-2.10 - Approval of hotel development projects and allocation of investment credit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With respect to allocating the $ 75,000,000 set aside under P.L. 1996, c. 118, the Authority shall proceed as follows:
1. With respect to hotel development projects approved on or prior to September 16, 1996, the Authority shall determine the amount of investment credit which would have been provided to each licensee had there been sufficient investment funds available to fund such projects at the maximum amount of investment and shall allocate to each respective licensee, subject to compliance by the licensee with the terms and conditions set forth in N.J.A.C. 19:65-2.4(d)1, the difference between the investment amount actually allocated to the licensee and the maximum amount of investment it would have received had there been sufficient funds.
i. In the event that the aggregate additional amount of investment credit required to bring each licensee to the maximum amount of investment it would have received had there been sufficient funds is equal to or less than $ 75,000,000, the Authority shall allocate that amount of funds to raise each respective licensee's original allocation to the amount each licensee would have received had there been sufficient funds.
ii. In the event that the aggregate additional amount of investment credit required to bring each licensee to the maximum amount of investment it would have received had there been sufficient funds is in excess of $ 75,000,000, the Authority shall allocate the $ 75,000,000 proportionately among the respective licensees based upon a formula pursuant to which the amount of investment credit allocated to each licensee bears the same relationship to $ 75,000,000 as the amount of funds necessary to raise each licensee's original allocation to the amount each licensee would have received had there been sufficient funds bears to the aggregate additional amount of investment credit required to bring each licensee to the maximum amount of investment it would have received had there been sufficient funds.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 2 - APPLICATION, ELIGIBILITY, PRIORITY AND HEARING › Section 19:65-2.11 - Cost certification

Current through Register Vol. 56, No. 14, July 15, 2024
All hotel development project applicants shall be required to provide the Authority with information sufficient for the Authority to make a determination of the amount of costs actually incurred, including a certification of such costs by a certified public accountant, licensed engineer or architect or other person or firm in a similar capacity independent of the applicant and acceptable to the Authority. The Authority shall have the right to retain the services of its own certified public accountant, licensed engineer or architect or other consultant at the cost and expense of the hotel development project applicant, whenever it deems it necessary to do so to appropriately discharge its obligations.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 3 - CONTRACTS › Section 19:65-3.1 - Contract as requirement to credit

Current through Register Vol. 56, No. 14, July 15, 2024
No Licensee shall be entitled to any investment tax credit provided by 5:12-144.1 resulting from the purchase of bonds unless and until such licensee has entered into a contract. No termination of any contract shall be construed to, in any way, alter or diminish a licensee's tax obligations under the Act.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 3 - CONTRACTS › Section 19:65-3.3 - Determination of year for investment alternative tax allocation

Current through Register Vol. 56, No. 14, July 15, 2024
The determination of the applicable year for purposes of allocation by the Casino Reinvestment Development Authority of the Investment Alternative Tax obligation of a licensee under N.J.S.A. 5:12-144.1f shall be based upon the number of years since the first year in which the facility for which a licensee holds a license incurred the tax obligation and not the number of years that a particular licensee has held a license in connection with the facility.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 4 - LOANS TO PUBLIC BODIES › Section 19:65-4.1 - Requirements for loans to public bodies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the duly-authorized legal officer of the Casino Reinvestment Development Authority has advised that a loan to another agency or authority of the State or of any political subdivision thereof is consistent with the Authority's purposes and within its statutory powers, the Authority may make such a loan.
(b) The making of a loan under (a) above shall be subject to receipt by the Casino Reinvestment Development Authority of a legal opinion by a duly-authorized legal officer of such agency or authority of the State or of any political subdivision thereof that said agency or authority has the statutory power to receive and repay such loan.
(c) In addition, the making of a loan under (a) above shall be contingent on the Casino Reinvestment Development Authority and the recipient of the loan having first entered into an agreement setting forth, at a minimum, the purpose of the loan, the amount of the loan and the repayment terms of the loan, along with such other particulars as may be deemed necessary and appropriate by the Casino Reinvestment Development Authority.
(d) Any agreement under (c) above shall require full repayment of the loan.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 5 - INVESTMENT BY LICENSEES PURSUANT TO N.J.S.A. 5:12-144 › Section 19:65-5.1 - New Jersey Casino Control Commission rules

Current through Register Vol. 56, No. 14, July 15, 2024
Eligibility of investments or contributions by licensees which were commenced or made prior to the effective date of the Act and the determination of which were pending before the New Jersey Casino Control Commission, shall be determined by the Authority by reference to the rules of the New Jersey Casino Control Commission which were in effect and codified at that time at N.J.A.C. 19:54-2.1 through and including N.J.A.C. 19:54-2.3 7, to the extent not inconsistent with the Act. All references in such rules to the "Commission" shall, except where the context clearly indicates otherwise, be deemed to refer to the "Authority". Nothing herein shall be construed to alter or disturb final determinations by the New Jersey Casino Control Commission as to matters within its jurisdiction prior to the effective date of these rules nor to permit licensees to seek determinations from the Authority as to matters which were not brought in a timely fashion before the New Jersey Casino Control Commission.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 6 - FEES AND CHARGES › Section 19:65-6.1 - Application fees

Current through Register Vol. 56, No. 14, July 15, 2024
An initial non-refundable payment of $ 500.00 shall accompany every application. Upon favorable preliminary review of an application pursuant to N.J.A.C. 19:65-2.4, an additional non-refundable application fee of $ 1,000 shall be payable by an applicant before the hearing required by N.J.A.C. 19:65-2.7, which payment shall be credited toward any administrative fee if the project is approved by the Authority.