Section 12362 - Statewide Involuntary Exclusion List(a) A cardroom business licensee may remove a person from the gambling establishment pursuant to Business and Professions Code section 19801, subdivision (j), or Business and Professions Code section 19845. A cardroom business licensee may also have an internal removal list to bar certain individuals from entering the specific gambling establishment only.(b) A cardroom business licensee or government official (such as law enforcement, or agents of the California Horse Racing Board, Bureau, or Commission) ("requestor") may submit, on Request for Statewide Involuntary Exclusion of an Individual, CGCC-CH7-01 (New 05/20), which is attached in Appendix A to this chapter, a request to exclude an individual from all California gambling establishments based upon the reasons listed in Business and Professions Code section 19844 or 19845, subdivision (a)(7). Such request will have the protections afforded under Business and Professions Code section 19846, subdivision (a).(c) Removal of an individual from a specific gambling establishment, as described in subsection (a) above, or statewide exclusion, pursuant to the request described in subsection (b) above, may not be based upon the sex, race, color, religion, ancestry, national origin, marital status, sexual orientation, medical condition, or disability of the individual, with the exception that a problem or pathological gambler may be excluded pursuant to Article 6 of these regulations (commencing with section 12460) or involuntarily excluded pursuant to this section.(d) Upon receipt of a request by a cardroom business licensee or governmental official for statewide involuntary exclusion of an individual, the Executive Director will review the reason for exclusion. If there appears to be good cause to place an individual on the statewide involuntary exclusion list, the Executive Director will issue a notice of exclusion to the individual. Such notice will state the grounds for exclusion and may be served by personal service, by certified mail at the last known address of the individual, or by publication daily for 1 week in a newspaper of general circulation in the vicinity of the requestor. The exclusion will be effective upon perfection of notice and will remain in effect until the individual is removed from the list by Commission decision.(e) An individual may contest the Commission's notice of exclusion by requesting a hearing from the Commission. Such hearing may be pursuant to Business and Professions Code section 19871 or pursuant to Government Code section 11500 et seq., as determined by the Executive Director. Such hearing will occur within 60 days of the request for hearing, unless the time of the hearing is changed by agreement of the Commission and the individual requesting the hearing.(f) If the individual fails to appear at the time and place set for hearing, and the individual does not contact the Commission within 24 hours to give good cause why the hearing should be reset, a default decision will be issued affirming the exclusion.(g) At the hearing, the individual may appear in person and/or be represented by counsel at the individual's own expense and present relevant testimony or documentary evidence. If a governmental agency requested that the individual be placed on the statewide involuntary exclusion list, the governmental agency may appear. If a licensee requested that the individual be placed on the statewide involuntary exclusion list, then the licensee or designated agent may appear.(h) The standard of proof will be preponderance of the evidence that the individual poses a threat either to the public, cardroom employee type licensees, or the gambling industry, or should be excluded pursuant to Business and Professions Code section 19844 or 19845, subdivision (a)(7). The burden of proof will be on the Commission staff. Evidence of exclusion or discipline by another gaming jurisdiction based upon the factors described in Business and Professions Code section 19844 or 19845, subdivision (a)(7) may be introduced.(i) The final decision in the matter will be in writing, will state any term-length for the exclusion if other than lifetime, will be sent by certified mail or personal service to the individual and the governmental agency or cardroom business licensee which requested the individual be placed on the statewide involuntary exclusion list, and will be effective immediately.(j) If the individual requested a hearing after the Commission's notice of exclusion and was given a final decision in the matter that affirmed the exclusion, that individual cannot petition the Commission to be removed from the statewide involuntary exclusion list for a minimum of one year after the date of the final decision.(k) Petitions to be removed from the statewide involuntary exclusion list must be in writing, directed to the Executive Director, and sent to the Commission at 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833. Petitioners should clearly state the circumstances of the ejection or exclusion, any new evidence which is material and necessary, including evidence that circumstances have changed since placement on the statewide involuntary exclusion list, and why they do not pose a threat to the public, cardroom employee type licensees, the gambling industry, or should otherwise not be excluded pursuant to Business and Professions Code section 19844 or 19845, subdivision (a)(7). This statement must be signed under penalty of perjury under the laws of the State of California. The Executive Director may summarily deny the petition without prejudice due to lack of compliance with this subsection. If not summarily denied, the Executive Director will provide notice and opportunity to comment to the requestor. After review of the requestor's comments, the Executive Director, may notify the Bureau to remove the individual from the statewide involuntary exclusion list, or may set the matter for hearing pursuant to Business and Professions Code section 19871 or pursuant to Government Code section 11500 et seq., as determined by the Executive Director.(l) The Executive Director may order an individual removed from the list after verified information is received that the individual is deceased and will so notify the Bureau.(m) If the Commission determines that an individual should be removed from the statewide involuntary exclusion list, the Commission's decision will include an order removing the individual's name from the list, and will so notify the Bureau. The Bureau will amend the exclusion database and send notification to all gambling establishments and to the requestor.(n) Judicial review of the Commission's decision will be in accordance with Code of Civil Procedure, section 1094.5.(o) The statewide involuntary exclusion list will be maintained by the Bureau, sent or made available to all gambling establishments, and may be shared with law enforcement personnel of any jurisdiction.(p) Cardroom business licensees must implement policies and procedures designed to thwart excluded persons, as noticed by the Bureau, from entering the gambling establishment, ejection or removal procedures of any patrons once recognized as being a known excluded person, and notification to the Bureau of any incidents of attempted entry, entry, or removals of known excluded persons. This regulation does not require a cardroom business licensee's policies and procedures to include patrons providing proof of identification before entering the gambling establishment. This regulation does not require the gambling establishment to use physical force in ejecting or removing an excluded person.(q) The Commission may discipline a licensee that knowingly fails to take prompt, reasonable action to eject or exclude an individual listed on the statewide involuntary exclusion list, or fails to notify the Bureau of any entries or attempts to enter by an excluded person, pursuant to Chapter 10 of these regulations.(r) This regulation does not create any right or cause of action against a cardroom business licensee, government official (such as law enforcement, or agents of the California Horse Racing Board, Bureau, or Commission) by an excluded person or abrogate the existing statutory privileges and immunities of a cardroom business licensee or requestor, or limit or expand the provisions of Business and Professions Code section 19846.Cal. Code Regs. Tit. 4, § 12362
1. New section filed 2-13-2009; operative 3-15-2009 (Register 2009, No. 7).
2. Change without regulatory effect amending subsection (b) filed 9-30-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 39).
3. Change without regulatory effect amending subsection (a) and NOTE filed 1-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 2).
4. Amendment filed 12-12-2020; operative 1-1-2021 pursuant to Government Code section 11343.4(b) (Register 2020, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. Note: Authority cited: Sections 19840 and 19844, Business and Professions Code. Reference: Sections 19801(j), 19801(m), 19844, 19845, 19846 and 19940, Business and Professions Code.
1. New section filed 2-13-2009; operative 3-15-2009 (Register 2009, No. 7).
2. Change without regulatory effect amending subsection (b) filed 9-30-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 39).
3. Change without regulatory effect amending subsection (a) and Note filed 1-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 2).
4. Amendment filed 12-12-2020; operative 1/1/2021 pursuant to Government Code section 11343.4(b) (Register 2020, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.