State ofLouisiana KA THLEEN BABINEAUX BLANCO Gaming Control Board H. CHARLES GAUDIN

GOVERNOR CHAIRMAN

IN RE: PETER O'CARROLL ADVERTISING INCORPORATED NO. P081000235

ORDER

This matter was considered by the Louisiana Gaming Control Board at its meeting ofAugust

15,2006. The Hearing Officer 's order dated July 24,2006, based on the "Joint Motion for Approval

of Compromise and Settlement Agreement" in the matter of the "Notice of Recommendation of

Suspension and Penalty," by and between Peter O'Carroll Advertising Incorporated, No.

P081000235, and the State of Louisiana, Department of Public Safety and Corrections, Office of

State Police , which is attached hereto and incorporated herein, is APPROVED.

THUS DONE AND SIGNED on this the \ .;: day of August , 2006.

BY:

AMING CONTROL BOARD

AUDIN, CHAIRMAN

<)I00 Bluebonnet Cen tre. Suite 500, Baton Rouge. LA 70809 Phone: (225) 295-8 450 Fax: (225) 295-8479

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STATI OF I.OL1SIANA LOl:ISlAN,\ GAMJSG CONTROL BOARD If' 5 ­',j'rAD)1INlSTRAnVE HEAJUNG O'FICi

IN RE: Pi:l'ER O'CARROLL ADVER'nSING, INCORPORATED -­ POll00023S

COMPROMISE AND SETTLEMINT AGREEMENT

The Stare of LouiiiUlI, Department or Public Sattty and Corrections, Office "f St~

Police (heremafter "the Division") and Peter O'Cmoll Advertiaing, Incorporated (hereinafter

"PfTfR O'CARROLL, INC.") do hereby represent and 8ifee IU follows:

WHEREAS, the Loul:tiana Gamins Conaol Board haa i.sucd a ~otitC (If

Recommendation of Suspension and Pcnahy 10 PETER O'CARROLL, ~C. alleeing certail'l

violadons of Louisiana Gamine COlltrol Law, and

\VHERIAS. the iSlues raised by tM 'aid No\i,~e of Recommendation of SUllpension and

Penalty are let (':)c heil.ting on July 24. 2006, before Ihf Louishmil Gamma Control Board

.\dnuDistral ive Hearin& Office; &I".d

WHEREAS, the Divi.sion and PETER O·CARROL.L. INC. are ~slTow of fuHy and

(mall}' compromisina and sen1ina all issue. md displ1le1 ansi", our of and in connection with

the said Notice of Recommendation ofSulpcnlion and PenaJty;

NOW, THEREFORE. in eeneideranen of th~ foregolDg. the parnes hereto do bereby

agree and ~tipulate ai follows:

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STIPULATIONS

. 1. On December 8, 200S, the Louisima Office cf S~te Police lliSUcd, vl.1 U.S. mail.

an Annual Affidavit form to PETU O'CAJlROU. INC. PETER O'CARROU.. mc. WIS to

submit tile .o\MuaJ Affida\·jt IlJd the lM~aJ permit fee by March 28. 2006, which repr"senu the

anniversary dateof its Non-Gamins SupplietPermit.

2. On January 24, 2006. me Divilion mailed an URGENT REMINDER to PETER

O'CARROLL. INC. via l".S. mail. AJ of April 17. 2006 the ?mninec had not submitted an

Annual Affi<b,,jt form or the UU'lual permit Iee.

3. On May 22. 2006. the Louisiana Gamins Control Board i1isued a Notice of

Recommendation of Suspension and Penalty to PETER O'CARROLL. ~<:. alleains certain

vio)anons of Louisiana Gamins Coatrol Law.

4 PETER O'CARROll.. INC. does ~t it violated LIl. RS 27.29(1) and La. R.S.

27:29.3(F).

TERMS AND CONDITIONS

PETER O'CARROLL. INC. will pay a civil penalty 01' FIVE HUNDRED

DOLLARS ($500.00) and SIXTY-TWO DOLLARS A.'1D FIFTY CENTS (S62.~0) PUlIUlIlt to

La. R.S. 21:29.S(C)

2. The Divislon hereby a&ree.l to acctpt PETER O'CARROLL, INC.'S paymCflI

or the above slated penalt)' in i'Y1l and final settlemeat of the Netiee iJl Recommen<btion of

Suspension and Penalty isaued on May 22. 2006.

3 The Division reserves the riabt to take into consideration these admitted

viol.ation.a in connection with any f\1ture investiaation. violation or assessment cr penslry.

4 The terma of thii Compromise and SlfUh:ment Agreement shall be interpreted

under the laws of the State of LQuiliana.

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~. This Cornpromise and Settlement AireemMt .::o:Utl\utet the entire agJ"'eftTl~nl

between the Division and PETER. O'C .A.RROLL. INC., pertaining to the subject matter

contai.ned herein and supersedes aJl prior &rid contemporaneous agreements, representations and

understandings of the puties.

6. Thi~ Compromise and Settlement AgJoement is subJect to approval hy the

HeMmi Officer and lhe Louisian. Gaming Control Board. It is expRKl} understood that if this

proposed settlement 1& approved by the Hellina Offic.er, thil agreement IS net tbucb) executory,

but will be submitted to the Loulilana Glalliin¥ Control Boud for irs determination u to whether

1.1) approve same or to remand the matter to the Hewl OtTie« Cor a full hearing on the merit•.

Failure to paythe penaltywllJ1in fifteen (1 Sj days of ll'proval ofthia settlement shall result in the

immediate suspension ofPErER O'CARROLl.., INC 'S permit.

r hive read this entire Compromise Settlement Agrctmenl and aere~ 10 lllilipulations and terms a.nd condillonl hereof.

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STATI OF LOUISIANA LO\lISI~"A CA.\fINC CONTROL BOARD ADl\IINJSTIU.rtvz HEAJUNC OFFICE

IN U: PETER O'CARROLL, ADVERTISING INCOPORATED POl10oo135

JOINT MonON FOR APPROVAl OF COMPROMISE AND SETnEMENT AGRE[MENT

TO THE HONORABLE ADML~lSTRATIVI HEARING OFFICER:

COME NOW State of Louisiana, Department of Public Safety and Corrections.

Office of State Pollee ("thc Division") and Peter O'Clln'olJ Ad"ertisin& Incorporated

(h~ein.t\er "P.ETER O'CARJtOLL, rNC."). who file thil loinl Motion (or Approval of

Compromise and Settlement Agreement, and in support thereoF would respectively show

unto the Hearing Officer at follows:

l.

Thc Division aDd PETER O'CARROLL, INC. IUC desircus of cumprornising and

Sl:ttlin~ all disputes between them relative to the retermceci administrah ve proccc::d.ing.

In connection therewith. the parnes have cnt8l'fd into a compromis! and sett Iemenr

aareement which by its termli will become effective upon approval by the Administrative

Hearing Offico and theLowliana Gamma Control Board.

2.

A true and correct copy of the propo.ed CompromlSe and Settlement Agreement

is attlLched hereto as ExhibIt "A" and incorporated by reference for all purpeses.

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WHEREFORE, PRiMISlS CONSIDtRED, The Division and PETER

O'CARROLL, INC respectfully reque.t that this HononbJe Administrative Hearing

Officerapprove the parties' Cornpremise and Settlcmalt Agreement.

Respectfully Submitted,

CHARLES C. rorr, JR. .4.TTORNE GENERAL

8y: j}~~~_ BYt~/----60"~'-------­~01C.r 011 ClarlJtopbtr . R~btrt. 1290.4 710 West Pri n Lake Road, Assistant Attomay G.:neral Suite] 10 188,5 North Third Street, SthFloor Lake Charles, LA 70601 BatonRouge, Louisiana 70802 Telephone: (337) 478-7396 Telephone: (225) 326-6500 Fauimile: (337) 479-0503 Facsimile: (225) 326·6S99

CouaMI Cor Omce of St.llU Police

STATE OF LOUISIANA LOUISIANA GAMING CONTROL BOARD ADMINISTRATIVE HEARING OFFICE

IN RE: PETER O'CARROLL ADVERTISING, INCOJPORATED P08100m35

ORDER

BE IT REMEMBERED that on this the cay of July 2006, car .ie on

for consideration the Joint Motion for Approval of Compromise and Settlement

Agreement, and the parties having appeared by and through their respec ive attorne ys of

record, and the Hearing Officer having considered the p leacings on f r., the proposed

Settlement Agreement, and the said Motion, and it appearing to the Hea ~ i ng Officer that

the said Compromise and Settlement Agreement should be approved; it is therefore,

ORDERED, ADJUDGED, AND DECREED that the (( mprornise and

Settlement Agreement attached to the parties' Joint Motion fOI~ Approval of Compromise

and Settlement Agreement be, and the same is hereby, APPROVED.

SIGNED AND ENTERED this -z. .f'day of July, 2006, ill Baton Rouge,

Louisiana.

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mARIN OFFICER

I

A TRUE COpy rUST . LOII'SIANA GAMING CONTROi-SOARDl_

HEARING~fl~~ [/ rv . . ' ,' rnN ROUGE, LA~

¥ ~~~ RY: r,LERK