N.J. Admin. Code § 13:69A-8.6

Current through Register Vol. 56, No. 17, September 3, 2024

Section 13:69A-8.6 - Withdrawal

(a) Except as otherwise provided in (b) below, a written notice of withdrawal of an application or resubmission papers may be filed by an applicant, licensee or registrant at any time prior to final Division action thereon. No application or resubmission papers shall be permitted to be withdrawn, however, unless the applicant, licensee or registrant shall have first established to the satisfaction of the Division that withdrawal of the application or resubmission papers would be consistent with the public interest and the policies of the Act. The Division shall have the authority to direct that any applicant, licensee or registrant so permitted to withdraw his or her application shall not be eligible to apply again for licensure, registration or approval until after the expiration of one year from the date of such withdrawal. Unless the Division shall otherwise direct, no fee or other payment relating to any application or resubmission papers shall become refundable by reason of withdrawal of the application or resubmission papers.

(b) Where a hearing on an application or resubmission papers has been requested by a party or directed by the Division, the Division shall not permit withdrawal of said application or resubmission papers after:

1. The application or resubmission matter has been transmitted to the Office of Administrative Law;

2. The application or resubmission matter has been assigned to any other hearing examiner authorized by law to hear such matter; or

3. The Division has made a determination to hear the application or resubmission matter directly.

(c) Notwithstanding (a) and (b) above, the Division may accept and consider a written notice of withdrawal after the time specified in this section if the Division is satisfied that there exists extraordinary circumstances justifying withdrawal.

(d) Any person or entity holding a credential issued by the Division, including, without limitation, a casino employee registration, vendor registration, casino hotel alcoholic beverage license, or casino service industry enterprise license, may offer to surrender such credential, by written request, signed by the credential holder or a person authorized to sign on behalf of an entity. Surrender shall be for a term of five years from the date the request is granted by the Division, or such lesser period as directed by the Division. No refund of any kind shall be authorized or granted in connection with the surrender of a credential. Surrender, and any conditions imposed, shall be granted at the sole discretion of the Division.

1. Any person or entity holding a vendor registration, casino hotel alcoholic beverage license, ancillary casino service industry enterprise license, or casino service industry enterprise license, or is an applicant thereof, upon notice by the Division of potentially derogatory information, may offer to abandon such registration, application, or license, by written request signed by the credential holder or a person authorized to sign on behalf of an entity. Abandonment shall be for a term of five years from the date the request is granted by the Division. No refund of any kind shall be authorized or granted in connection with the abandonment of a credential. Abandonment, and any conditions imposed, shall be granted in the sole direction of the Division.

N.J. Admin. Code § 13:69A-8.6

Amended by 49 N.J.R. 3779(b), effective 12/4/2017

Amended by 56 N.J.R. 1182(b), effective 7/1/2024