Kochachy v. Office of the Director of Regulations

4 Am. Tribal Law 522, 1 G.D.R. 115
CourtMohegan Gaming Disputes Trial Court
DecidedFebruary 18, 2003
DocketNo. GDTC-AA-02-152
StatusPublished
Cited by12 cases

This text of 4 Am. Tribal Law 522 (Kochachy v. Office of the Director of Regulations) is published on Counsel Stack Legal Research, covering Mohegan Gaming Disputes Trial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kochachy v. Office of the Director of Regulations, 4 Am. Tribal Law 522, 1 G.D.R. 115 (Mo. 2003).

Opinion

WILSON, Judge.

This is an appeal by the plaintiff, Hadrian Koehaehy, from a final decision of the Office of the Director of Regulation, the [523]*523Director of Regulation, revoking the plaintiffs license to work at the Mohegan Sun Casino or related operations. The plaintiff has appealed pursuant to Mohegan Tribal Ordinance (MTO) 95-6.1

I. JURISDICTION

MTO 2002-13 contains several provisions relevant to this appeal. Sec. 1(a) provides that the Agency includes the Office of the Director of Regulation as set forth in MTO 95-2; and (b) provides that the final decision means any final agency action. Sec. 3(a) provides that “a person who is aggrieved by the final decision may appeal to the Gaming Disputes Court as provided in this ordinance.”2 MTO 95-2, Sec. 13, likewise provides for an appeal to this court from the final decisions of the director regarding revocation of gaming licenses. The court therefore finds that it has jurisdiction to hear this appeal.

II. FACTUAL BACKGROUND

The plaintiff applied for work at the Mohegan Sun Casino, a gaming operation operated under the Mohegan Tribal Gaming Authority established by the Mohegan Tribal Council pursuant to the Mohegan Constitution. MTO 95-2 and MTO 94-1. The requirements of the Tribal State Compact Between the Mohegan Tribe and the State of Connecticut (“Compact”), Sec. 5(a), required that the plaintiff hold a valid, current employee license.

The order issued by the defendant was to revoke the plaintiff’s license at the Mohegan Sun.

The plaintiff appealed the decision through the channels of the Mohegan Sun. He testified at the hearings, and also submitted written evidence, in relevant part the decision appealed from is as follows:

CONCLUSIONS OF LAW

1. Under the Tribal-State Gaming compact the MTGC has the “primary responsibility for oversight of tribal gaming operations.” Compact, Section 13(a). The MTGC has the duty and responsibility to monitor all gaming operations to assure that all provisions of the Compact and tribal gaming ordinances and policies are enforced.

2. Included within this authority is the power to approve or deny license applications of individuals to be employees of the gaming facility under the provisions of the following sources: Tribal Gaming Ordinance 94-1, Tribal Gaming Authority Ordinance 95-2, Tribal Ordinance 95-6 (Procedures for Appeal to the Gaming Disputes Court), and Section 5 of the Tribal-State Gaming Compact.

3. The applicant for licensing at Mohegan Sun is required to undergo a background investigation to determine whether the applicant has any criminal history or other such matters which would result in disqualification or denial of a license.

4. The MTGC must allow the person who is subject to the action the right to appeal the decision and the opportunity to present any and all evidence to the MTGC that pertains to the activity in question.

5. In its hearings, the MTGC will employ a “preponderance of the evidence” standard of proof.

[524]*524FINDINGS OF FACT

1. The MTGC’s decision to deny Mr. Kochachy is based upon his prior criminal history. A background investigation conducted by the MTGC Investigators revealed that Respondent had been denied a New Jersey gaming license due to misconduct.

2. MTGC Investigator Ma/.zulli presented the following Exhibits into the record:

A. (Exhibit # 1) A copy of the MTGC letter dated September 4, 2002, to Mr. Kochachy denying him a license and providing the opportunity to appeal.
B. (Exhibit # 2) An excerpt of a copy of Mr. Kochachy’s Personal History Disclosure (PHD) showing his response to Question #10,
C. (Exhibit # 3) A copy of the MTGC Investigation Report on Mr. Kochachy.

3. Mr. Kochachy was arrested in New Jersey for Theft by Unlawful Taking on September 6, 1999. He was observed by surveillance palming over $1,000.00 in gaming chips. This information was presented by the New Jersey Division of Gaming Enforcement to an MTGC Investigator (Exhibit # 3).

4. Mr. Kochachy testified that he was not convicted and presented evidence (Exhibit Rl) to that fact. He still remains unlicensed in New Jersey,

5. Mr. Kochachy also indicated that he took $5,000.00 in gaming chips resulting in his arrest and revocation of his New Jei’-sey gaming license.

6. Exhibit # 3 also indicates his license was revoked at Foxwoods, yet failed to indicate this in addition to the answers for Question # 7 on his PHD.

7. This Hearing Officer contacted the State of Connecticut’s Division of Special Revenue (DOSR) on September 19, 2002 to confirm Respondent’s status at Foxwoods, It was discovered that DOSR had also denied Mr. Kochachy a gaming license on October II, 2000.

8.Mr. Kochachy’s denial by the New Jersey Division of Gaming Enforcement, Foxwoods and DOSR indicate a question of suitability. Mr. Kochachy also failed to indicate a license denial from Foxwoods and DOSR in his response to Question # 7. Based upon these issues, Mr. Koehachy’s license will be revoked.

ORDER

1. Mr. Kochachy’s Tribal (Commission) Gaming license is revoked due to his failure to disclose other license denials from Foxwoods and DOSR and for his license revocation in New Jersey.

This appeal followed.

III. LEGAL STANDARD OF REVIEW

An appeal to this court from a revocation of a license is governed, inter alia, by MTO 2002-13. In accordance with Sec. 3(g) a transcript of the hearing held by the director was made a part of the record of this case, as were other documents in the record, including the agency’s findings of fact and conclusions of law. Oral arguments and written briefs were received.

Under subsection (i) the appeal is confined to

(j) the record as thus established. Under subsection (j): (j) The court shall not constitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court shall affirm the decision of the agency unless the court finds that substantial rights of the person appealing have been prejudiced because the administrative findings, inferences, conclusions or decisions are: (1) in violation of constitutional or statutory provisions; (2) in excess [525]*525of the statutory authority of the agency; (3) made upon unlawful procedure; (4) affected by other error of law; (5) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or (6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. If the court finds such prejudice, it shall sustain the appeal and, if appropriate, may render a judgment under subsection (k) of this section or remand the case for further proceedings. For purposes of this section a remand is a final judgment.

The standard set forth in Sec. 3(j) of MTO 2002-13 is substantially the same as that set forth in the Connecticut Administrative Procedures Act, CONN. GEN.STAT. Sec. 4—183(j); therefore, Connecticut cases interpreting Sec. 4-183 are instructive.

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Bluebook (online)
4 Am. Tribal Law 522, 1 G.D.R. 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kochachy-v-office-of-the-director-of-regulations-mohegangct-2003.