CGCC Case No. GCADS-GEWP-002140 3
4 In the Matter ofthe Application for Approval of Initial Work Pennit Regarding:
5 THYDANOP
6 Applicant.
July 30, 2015 1 :30 p.m.
This matter was scheduled for hearing before the California Gambling Control
10 Commission (Commission) pursuant to Business and Professions Code sections 19870 and 19871
11 and Title 4, California Code of Regulations (CCR) section 12060, in Sacramento, California, on
12 July 30, 2015.
13
14
15
2.
3.
Thyda Nop (Applicant) failed to appear and was not represented at the hearing.
FINDINGS OF FACT
On or ahout April 28, 2014, the Bureau of Gambling Control (Bureau) received an
16 Initial Regular Work PermitITernporary Work Permit Application from Applicant.
17 4. On or about January 21, 2015, the Bureau issued its Work Permit Employee
18 Background Investigation Report in which it concluded that Applicant was unqualified for
19 licensure pursuant to Business and Profession Code section 19857 and disqualified for licensure
20 pursuant to Business and Profession Code section 19859. The Bureau recommended that the
21 Commission deny Applicant's application.
22 5. On or about February 9, 2015, the Commission ' s Executive Director referred
23 Applicant's application to an evidentiary hearing pursuant to Title 4, CCR section 12060,
24 subdivision (a).
25 6. Applicant received notice of Commission consideration of Applicant's application
26 in two ways. First, Commission staff mailed an evidentiary hearing referral letter via certified
27 mail to Applicant's address ofrecord on February 9, 2015 which included a blank Notice of
28
•
7 12.
• • • (F) The waiver of an evidentiary hearing, or failure of the applicant to submit a Notice of Defense, or failure of an applicant to appear at an evidentiary hearing, may result in:
1. A default decision being issued by the Commission based upon the Bureau report, any supplemental reports by the Bureau and any other documents or testimony already provided or which might be provided to the Commission . . . ..
The Commission takes official notice of the Bureau report, any supplemental
8 reports by the Bureau and any other documents or testimony already provided to it in this matter
9 as required by Business and Professions Code section 19870, subdivision (a) and Title 4, eCR
10 section 12052, subdivision (c)(2)(F)(I).
II
12
13.
14.
The Commission has jurisdiction to adjudicate this case by default.
The Commission may deny Applicant's application based upon the Bureau report,
13 any supplemental reports by the Bureau and any other documents or testimony already provided
14 to it, pursuant to CCR section 12052, subdivision (c)(2)(F)(I), and Business and Professions
IS Code sections 19857 and 19859.
16 15. The Commission may further also deny Applicant's application based upon
17 Applicant's failure to prove to the Commission Applicant is qualified to receive either a work
18 pennit, as required by Business and Profession Code section 19856(a) and Title 4, CCR section
19 12060, subdivision (i).
20 16. Therefore, as the Applicant returned the Notice of Defense form waiving
21 Applicant's right to a hearing, did not attend the default hearing, and did not submit any
22 infonnation or evidence in favor of granting Applicant' s Application, Applicant did not meet
23 Applicant's burden of demonstrating why a work pennit should be issued pursuant to Business
24 and Professions Code section 19856(a) and Title 4, CCR section 12060(i). The Commission
25 further finds that pursuant to California Code of Regulations, Title 4, section 12052, subdivision
26 (c)(2)(F)(1), Applicant's Application is subject to denial.
27
28
J
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Applicant has the following appeal rights available under state law:
III III III
Title 4, CCR seclion 12064, subsection (a) and (b) provide, in part:
(a) After the Commission issues a decision following a GCA hearing conducted pursuant to Section 12060, an applicant denied a license, permit, registration, or finding of suitability, or whose license. permit, registration, or finding of suitability has had conditions, restrictions, or limitations imposed upon it, may request reconsideration by the Commission within 30 calendar days of service of the decision, or before the effective date specified in the decision, whichever is later. (b) A request for reconsideration shall be made in writing to the Commission, copied to the Bureau, and shall state the reasons for the request, which must be based upon either:
(1) Newly discovered evidence or legal authorities that could not reasonably have been presented before the Commission ' s issuance of the decision or at the hearing on the matter; or, (2) Other good cause which the Commission may decide, in its sole discretion, merits reconsideration.
Business and Professions Code section 19870, subdivision (e) provides:
A decision of the commission denying a license or approval, or imposing any condition or restriction on the grant of a license or approval may be reviewed by petition pursuant to Section 1085 of the Code of Civi l Procedure. Section 1094.5 of the Code ofCivi) Procedure shall not apply to any judicial proceeding described in the foregoing sentence, and the court may grant the petition only if the court finds that the action of the commission was arbitrary and capricious, or that the action exceeded the commission's jurisdiction.
Title 4, CCR section 12066, subsection (c) provides:
A decision of the Commission denying an application or imposing conditions on a license shall be subject to judicial review as provided in Business and Professions Code section 19870, subdivision (e). Neither the right to petition for judicial review nor the time for filing the petition shall be affected by failure to seek reconsideration.
4
2
Thyda Nop's Initial Regular Work Pennitffemporary Work Pennit Application is
5 2. Thyda Nop's may not apply to the Commission or the Bureau for any type of
6 license, registration or work pennit for one (1) year after the effective date of this Order.
7
9
10
II
12
!3
14
15
16
Dated:
19
nklin, Commissioner
21 ornmlSSloner
A TT ACHIVIENT A
Slat" of Cllfl(OH1I 8 California GamblIng Control Commluion 2399 GalowlW O.k\i Drive. SlIlt<l 220 S.cramento, CA 96833-4231 (916 ) 2&3.Q70D; Fax: (916) 263..(1452 www.cgct.ca.gov
NOTICE OF DEFENSE CGCC - NO - 002 (New 01 /1 4)
'_"I_h'_M_'_I"_'''_)r __ 7h_y_d_~ __ ;v'_Jr ______________ -LI(_:U_'C_C_N_o. _____________________ ~ Failur(' to sulllllit this NOlicf of ndfllsr to Ihe Californi ll Gllluhling COilIru\ Commission (CflIumiuiou) and Ibt LlurelUi of Gflln"lin~ C(Jnlrol (BurcRII I rnll~' result ill" default decision hCing issul' 11)' the Cmnmission. Tht Notiee of J)efcII Nt' is due:
• Withi" IS C:.lclldllr d~ys of receipl . if provided by C OllunissiUfl SIRrr ur liI(> Uun:8u; or', • Wilh;l! IS clltcndar days IIf Iht· dlii t of service, if provided willI the Nolice IIf HVir ing.
,Af\.( jI'kasc !c'ec.I" "lInw", : )
A ri I ~J..'ledse find accept that Ihe cnnditions. Jimiullioos and reslric\i{)I1S attached to Ihe nolil:t' will be placed 011 my license:, registration, finding of suiLabiJil}' or olher approval, and wliivr my right 10 all evidentiary hearing, (Sec Box 2) , -
" 0 I waive my right to an evidelltial)' hearing, (See Box 2)
C ~ requcs! an evideotilll)' hearing whele the Commission will comider the merits of my appliciitiOfll'lrld 1111)'
recommendation ()f the Boreau,
111t waiver of my right 10 1111 evidential)' hearing includes II waiver of the following ass()eimcd r ighls: Tne right 10 be heard a1 the hwring The right to Ii copy 01 the heaTing's governing procedure The right to discovery The right to present 0011 evidence The right to preselll and examine witnesses
,lfJ_, The right to iFilloduce rdevant exhibits The right In cross-examine opposing witnesses
2 The right to impeach witnesses The right to o ffer rebullIIl evidence The right 10 challenge e\' idellct used llgainst m~ The righl to requcst reconsidemlion following the decision 's issuance Tht! right 10 petition fu r review ofthe decision under Section 1085 01 the Code of Civil Procedure
The waiver of an evidential)' hearing mil)' result in II. defau lt decision being issued b)' tile Commission based upon the Bureau n:pon, auy supplcmcaHal TeJ.lOI'1!> by tile Ui.lI 'CIi U and ally other doc.lllll tl1l~ ,)I telitimoll)- already plO\' idcd 01 whi.:h may Ix: provided In the Cummission. or thallhe hearing may continue 10 occur on the originally noticed date withoul applicant lJartici~ation .
I understand English 01 hllv(' had an interpreter read llll~ t~lain Ihi~ form Ito me III _______ _ _ " .........
P~~e 1 of 7
I
(PleASe select Oflt< of the tollowlf'lg: )
01) am reprcscnted by ct)u lIseL whose n!1Il1~ , addr~ss lind telephone !llImber appear belli\\":
Name: --- --
A Mailin ' Address: 4
Cit ',Slate find Zin Code: . Telephone Number: -- I am not represented by c\llll1 ~cl. If and when coullsel is reta ined, im1llo:diute nmificalilJll of" thc Iln" rnty 's name. address
" 0 and tckphone numher will be provided to the Om)lni ssioll nnd the Smeal! so tlmt counsel will bl' Oil the record to receive legal notices. plelldings. !It)d other papt:rs.
S· . .-~ I~ Ignflture: ___ - ?~ •
•