Over the past several years, the California Gambling Control Commission has been very active in promulgating separate regulation packages on issues ranging from responsible gaming to electronic playing books. What the general public may not be aware of is that the Commission has also held and deliberated on an unprecedented number of evidentiary hearings to determine the suitability of applicants for licensure. A matter is referred to an evidentiary hearing for a number of reasons but most frequently, and most avoidably, when the Commissioners feel they just aren’t getting the true story from an applicant.
An evidentiary hearing allows for the formal hearing procedures allowed under the Gambling Control Act. The applicant is represented by an attorney, an attorney from the Indian Gaming Law Section represents the California Department od Justice and a court reporter is retained to record all testimony which is taken under oath.
In short, it’s a lot of work for everyone involved.
The Gambling Control Act does not state that only perfect people can be licensed to work in this industry. It does state, however, rather specifically in Section 19857 that“no gambling license shall be issued unless, based on all of the information and documents submitted, the commission is satisfied that the applicant is…(a) A person of good character, honesty, and integrity”. The Commission takes this section seriously.
The Commission recognizes that no one makes it through life without some mistakes, even mistakes involving law enforcement. To be suitable for licensure in this industry, however, the Commission requires that all applicants and licensees be honest regarding the circumstances surrounding those events.