§ 1342 — Required exclusion of certain persons

§ 1342. Required exclusion of certain persons. 1. The commission\nshall, by regulation, provide for the establishment of a list of persons\nwho are to be excluded or ejected from any licensed gaming facility.\nSuch provisions shall define the standards for exclusion, and shall\ninclude standards relating to persons:\n (a) Who are career or professional offenders as defined by regulations\npromulgated hereunder; or\n (b) Who have been convicted of a criminal offense under the laws of\nany state or of the United States, which is punishable by more than\ntwelve months in prison, or any crime or offense involving moral\nturpitude.\n The commission shall promulgate definitions establishing those\ncategories of persons who shall be excluded pursuant to this section,\nincluding cheats and persons whose privileges for licensure or\nregistration have been revoked.\n 2. Any enumerated class listed in subdivision one of section two\nhundred ninety-six of the human rights law shall not be a reason for\nplacing the name of any person upon such list.\n 3. The commission may impose sanctions upon a licensed gaming facility\nor individual licensee or registrant in accordance with the provisions\nof this article if such gaming facility or individual licensee or\nregistrant knowingly fails to exclude or eject from the premises of any\nlicensed gaming facility any person placed by the commission on the list\nof persons to be excluded or ejected.\n 4. Any list compiled by the commission of persons to be excluded or\nejected shall not be deemed an all-inclusive list, and licensed gaming\nfacilities shall have a duty to keep from their premises persons known\nto them to be within the classifications declared in subdivisions one\nand two of this section and the regulations promulgated thereunder, or\nknown to them to be persons whose presence in a licensed gaming facility\nwould be inimical to the interest of the state or of licensed gaming\ntherein, or both, as defined in standards established by the commission.\n 5. Prior to placing the name of any person on a list pursuant to this\nsection, the commission shall serve notice of such fact and of the\nopportunity for a hearing to such person by personal service or by\ncertified mail at the last known address of such person.\n 6. Within thirty days after service of the petition in accordance with\nsubdivision five of this section, the person named for exclusion or\nejection may demand a hearing before the executive director or the\nexecutive director's designee, at which hearing the executive director\nor the executive director's designee shall have the affirmative\nobligation to demonstrate by substantial evidence that the person named\nfor exclusion or ejection satisfies the criteria for exclusion\nestablished by this section and the applicable regulations. Failure to\ndemand such a hearing within thirty days after service shall preclude a\nperson from having an administrative hearing, but shall in no way affect\nhis or her right to judicial review as provided herein.\n 7. The commission may make a preliminary placement on the list of a\nperson named in a petition for exclusion or ejection pending completion\nof a hearing on the petition. The hearing on the application for\npreliminary placement shall be a limited proceeding at which the\ncommission shall have the affirmative obligation to demonstrate by\nsubstantial evidence that the person satisfies the criteria for\nexclusion established by this section and the applicable regulations. If\na person has been placed on the list as a result of an application for\npreliminary placement, unless otherwise agreed by the executive director\nand the named person, a hearing on the petition for exclusion or\nejection shall be initiated within thirty days after the receipt of a\ndemand for such hearing or the date of preliminary placement on the\nlist, whichever is later.\n 8. If, upon completion of the hearing on the petition for exclusion or\nejection, the executive director determines that the person named\ntherein does not satisfy the criteria for exclusion established by this\nsection and the applicable regulations, the executive director shall\nissue an order denying the petition. If the person named in the petition\nfor exclusion or ejection had been placed on the list as a result of an\napplication for preliminary placement, the executive director shall\nnotify all gaming facility licensees of the person's removal from the\nlist.\n 9. If, upon completion of a hearing on the petition for exclusion or\nejection, the executive director determines that placement of the name\nof the person on the exclusion list is appropriate, the executive\ndirector shall make and enter an order to that effect, which order shall\nbe served on all gaming facility licensees. Such order shall be subject\nto review by the commission in accordance with regulations promulgated\nthereunder, which final decision shall be subject to review pursuant to\narticle seventy-eight of the civil practice law and rules.\n