BEFORE THE 1 3 In the Matter ofthe Application for Approval
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1 2 BEFORE THE CALlFORNIA GAMBLlNG CONTROL COMMISSION CGCC Case No. GCADS-GEWP-002140 3 4 In the Matter ofthe Application for Approval of Initial Work Pennit Regarding: 5 THYDANOP 6 Applicant. 7 8 9 1. DEFAULT DECISION AND ORDER Hearing Date: Time: 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 Decision and Order, CCCC Case No: CCADS-CEWP-002140 •
BEFORE THE 1 3 In the Matter ofthe Application for Approval
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.
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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
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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
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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.
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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.
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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: ___ - ?~ •
•