N.J. Admin. Code § 13:74-5.8
Current through Register Vol. 56, No. 24, December 18, 2024
Section 13:74-5.8 - Refusal to issue or renew license(a) The burden shall rest on the applicant to show that he or she is qualified in every respect to receive the license applied for. Ability, as well as good character and integrity, must be clearly shown by the applicant in order to receive the license applied for.(b) The Commission may investigate the applicant or any person named in the application, with respect to such person's background, good character, qualifications, financial responsibility, criminal record, subversive record and other reports concerning such persons, in order to determine whether the applicant is qualified for the license applied for.(c) The Commission may refuse to issue or renew a license or may suspend a license issued pursuant to this chapter if it shall find that the applicant is not of good character, is not qualified to hold the license applied for or that the applicant, or any person who is a partner, agent or employee or associate of the applicant, has been convicted of a crime in any jurisdiction, or is associating or consorting with any person or persons who has been convicted of a crime or crimes in any jurisdiction, or is consorting with, or has consorted with bookmakers, touts or persons of similar pursuits, or is financially irresponsible, or has been guilty of or attempted any fraud or misrepresentation in connection with racing, breeding or otherwise, or has violated or attempted to violate any law with respect to racing in any jurisdiction or any rule, regulation or order of the Commission, or shall have violated any rule of racing which shall have been approved or adopted by the Commission, or has been guilty of or engaged in similar, related or like practices.(d) In considering an application for a license, the Commission or Executive Director may require that the applicant appear before the Commission, the Executive Director or a designee for an interview in connection with the license application. An applicant has the unqualified duty to cooperate with the Commission in connection with its investigation into any application for a license, and a license shall be denied where the applicant fails to do so.(e) Any person making any false, untrue or misleading statements on a license application, or in connection with any written or oral examination in connection with an application for a license, shall be denied a license and is subject to the additional penalties set forth in N.J.A.C. 13:74-5.10.(f) Where a license is denied, the Executive Director shall cause a ruling to be issued reflecting the license denial. An applicant who has been denied a license may appeal the license denial to the Commission in accordance with N.J.A.C. 13:74-5.12.N.J. Admin. Code § 13:74-5.8