IN RE: GRAPHIC CONTROLS, LLC NO. P086502642 …web01.dps.louisiana.gov/lgcb.nsf...State ofLouisiana...

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State of Louisiana KATHLEEN BABINEAUX BLANCO Gaming Control Board H. CHARLES GAUDIN CHAIRMAN GOVERNOR IN RE: GRAPHIC CONTROLS, LLC NO. P086502642 ORDER This matter was considered by the Louisiana Gaming Control Board at its meeting of September 18,2007. The Hearing Officer's order dated September 12,2007, based on the "Joint Motion for Approval of Compromise and Settlement Agreement" in the matter of the ''Notice of Recommendation of Suspension and Penalty," No. P086502642, by and between Graphic Controls, LLC, 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 111" day of September, 2007. BY: GAUDIN, CHAIRMAN HJC/gac Centre, Suite 500, Baton Rouge, LA 70809 Phone: (225) 295-8450 Fax: (225) 295-8479

Transcript of IN RE: GRAPHIC CONTROLS, LLC NO. P086502642 …web01.dps.louisiana.gov/lgcb.nsf...State ofLouisiana...

Page 1: IN RE: GRAPHIC CONTROLS, LLC NO. P086502642 …web01.dps.louisiana.gov/lgcb.nsf...State ofLouisiana KATHLEEN BABINEAUX BLANCO Gaming Control Board H. CHARLES GAUDIN GOVERNOR CHAIRMAN

State ofLouisiana KATHLEEN BABINEAUX BLANCO Gaming Control Board H. CHARLES GAUDIN

CHAIRMANGOVERNOR

IN RE: GRAPHIC CONTROLS, LLC NO. P086502642

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

September 18,2007. The Hearing Officer's order dated September 12,2007, based on the "Joint

Motion for Approval of Compromise and Settlement Agreement" in the matter of the ''Notice of

Recommendation of Suspension and Penalty," No. P086502642, by and between Graphic Controls,

LLC, 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 111" day of September, 2007.

BY: "Ul~.d~.:J GAUDIN, CHAIRMAN

HJC/gac

~"~~uebonnet Centre, Suite 500, Baton Rouge, LA 70809 Phone: (225) 295-8450 Fax: (225) 295-8479

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.AI' HI f ~'J.'." '."l-ll I' "'I'"'-'l-

STATE OF LOLISIANA RECEIVED LOVISIA~A GA:vII~G CONTROL BOARD

SEP 1 2 Z007 An'llNISTRA TIVE HEARING OFFICE

lGCB ~nMINIS1RA1\VE HEARING QffICf"

I'l RE: GRAPHIC CO~TROLS LlC PERf\.nT i'iO. P086502642

JOINT MOTIOf' FOR APPROVAL OF COMPR01\IISE AND SETTLEMENT AGREE~1ENT

TO THE HONORABLE ADMINISTRATIVE HEARIl'"G OFFICER:

NOW COMES the State of Louisiana. Department of Public Safety and Corrections,

Office of State Police (hereinafter. the "Division") and Graphic Controls LLC (hereinafter,

"Permittee"). who file this loint ~fotjon for Approval of Compromise and Settlement

Agreement. and in support thereof would respectively show unto the Hearing Officer as follows:

I.

The Division and Permittee are de'iirous of compromising and settling all clisputes

between them relative to the referenced administrative proceeding. In connection therewith. the

parries have entered into a compromise and settlement agreement which by its terms will become

effective upon appro\-al by the Administrative Hearing Office and the Louisiana Gaming Control

Board.

2.

A true and correct COP) of the proposed Compr,)mise and Settlement Agreement ii

attached hereto as Exhibit "A . and incorporated by refer nee for 31) purpos<?s.

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STlPCLATIO~S

1. The Permittee failed to submit the annua: affidavit fonn and permit fee b)'

April 1), 2007. the anni\'er~ar)' date ,)f Permittee's :'-Jon-Gaming Supplier Pennit in 'iJolation of

La. R.S 27:29(3)(F).

2, The Permittee did not send the correct form lind fee umil on or about July 6, 2007

TERMS AND CONDITIONS

I. Within fifteen (15) days of the approval of this settlement by the Louisiana

Gaming Control Board. the Permittee shall pay a civil penalty of Fi \'e Hundred Dollars ($500,00)

for the violation of La, R.S 27:29.3(F) and Sixty -Two Dollars and Fifty Cents (~62.50) pursuant

to La, R.S. 27:29.5 for a total of Fi\'e Hundred Sixty-Two Dollars and Fift)' Cents ($562.50)

The Division hereby <lgrees to accept the payment of Five Hundred Si.'<t;;-T\~o

DoJlar~ and Fifty Cents ($562,50) in full and final settlement of the Notice of Recommencation

of Administrative Action.

3. The Division resel\les the right to take into consideration these admitted

violations in connection'" ith any future investigation. \'ioJation or assessmenr of penalty, and in

connection with any future assessments of the Permittee's suitability.

4. The terms of this Compromise and Settlement Agreement shall be Interpreled

under the laws of the State of Louisiana.

5. This Compromise and Settlement Agreement constitutes the entire Jgreement

between the Division and the Permittee pertaining to the subject matter contained hereJn and

~uper~edes all prior snd contemporaneous agreements. representations and understandings of [he

p:uties.

6, This C'Jmpromise and Settlement Agreement is subject to appfQ\ aJ b:' the

Hearing Officer and the LOllisiana Gam:ng Control Board. It is cxpn;ss! / under~llJod :h<.lt If this

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Page 4: IN RE: GRAPHIC CONTROLS, LLC NO. P086502642 …web01.dps.louisiana.gov/lgcb.nsf...State ofLouisiana KATHLEEN BABINEAUX BLANCO Gaming Control Board H. CHARLES GAUDIN GOVERNOR CHAIRMAN

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proposed settlement is appro'."ed by the Hearing Officer. this agreement is not thereby ~.(c.:utorJ.

but wili be submitted to the Louisiana Gaming Control Board for its determination as to ..... hether

to approve same or to remand the matter to the Hearing Officer for a full hearing on the merits

7. If approved by the Louisiana Gaming Control Board, the PerrnJ1tee must pay Five

Hundred Sixty-Tl,l,o Dollars and Fifty Cents ($56250) ", ithin fifteen (J 5) calendar day.~ of silch

approval. Any failure to JT1eel this requirement "'ill result In immedia~e suspension of the non­

gaming supplier permit without the necessity of an)' further administrative action until such time

as the penalt)' is paid in full.

r have read this entire Compromi.se Seulement Agreement and agree to all stipulations and term'i and conditions hereof.

elf21_ Sa:n Heleba. on behalf of Graphic Controls LLC

1\-Iesa T. Brown, AAG, on behaJf of State of Louisiana, Department of Public Safety & Corrections, Office of State Police

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Exhibit "An

STATE OF LOL'ISIANA

LOUSIA~A GA~II~G CO~TROL HOARD

ADMI~ISTRA TIVE HEARING OFFTCE

1:" RE: GRAPHIC CO~TROLS LLC PERl\tlT NO. P086S02642

COMPROMISE A~D SETTLEMENT AGREEME~T

The State of Louisiana. Department of Public Safety and Corrections, Office of State

Police (hereinafter, the "Division") and Graphic Controls LLC, Permit :-Io P086502642

(hereinafter. "Permittee"), do hereby represent and agree as follows:

WHEREAS, the Louisi,ma Gaming Control Board has issued a :'-lotice of

Recommendation of Administrative Action, alleging certain violations of Louisiana Gaming

Control Law: and

WHEREAS, the is,sues raised by the .~aJd Notice of RecommcndatJon of Administrative

Action. are set for hearing on September) 2, 2007, before the Louisiana Gaming Control Board

Administrative Hearing Office: and

WHEREAS, the Di\'Jsion and Permittee are desirous of fully and finally compromising

and settling <ill issues and disputes arising out of and in connection v. ith the said '.;ocice of

Recommendation of Administrative Action:

NOW, THEREfORE. in ccnsideracion cf ~he furegoing, the panie~ hereto do hereb)

agree and stipulate as follol).'s·

Page 6: IN RE: GRAPHIC CONTROLS, LLC NO. P086502642 …web01.dps.louisiana.gov/lgcb.nsf...State ofLouisiana KATHLEEN BABINEAUX BLANCO Gaming Control Board H. CHARLES GAUDIN GOVERNOR CHAIRMAN

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WHEREFORE, PRE:\llSES CO:\SlDERED, the Division and PerrnJ[lee respec:fully

request that ~hjs Honorable Administrative Hearing Officer <lpprove the pilrties' Compromise

and Seltkment Agreement.

Respectfully submitted.

GRAPHIC CONTROLS LLC CHARLES C. FOTI. JR., ATTORNEY GENJ.:RAL

By:g@~_ BY:&ez~ Mesa T. Brown. Bar 011 #30~67Sam Heleba Assistant Attorney GeneralPO Box 1271 1885 North Third Street, 51~ FloorBuffalo, New York J4204 Baton Rouge. Louisiana 70802President oj Graphic Controls Telephone: (225) 326-6500 LLC Facsimile: (225) 326-6599 Counseljor the Offlu of State Police

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Page 7: IN RE: GRAPHIC CONTROLS, LLC NO. P086502642 …web01.dps.louisiana.gov/lgcb.nsf...State ofLouisiana KATHLEEN BABINEAUX BLANCO Gaming Control Board H. CHARLES GAUDIN GOVERNOR CHAIRMAN

STA TE OF LOLISIA~A

LOUSIA~A GA~I1:'lG CO(';TROL BOA RD

AD;\1!:'<iISTRA TIVE HEARI~G OFFICE

I'RE: GRAPHIC CONTROLS LLC PERl\HT NO. P086502642

ORDER

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BE IT REMEMBERED that on the II< fA. day of "-.I~fL-I'i~~4" ' 2007 came on

for consideration the Joint ;O\10e;00 for Approval of Compromise and Settlemenr Agreement, and

the Hearing Officer having considered the pleadings on file, the proposed S~ttlement Agreement,

and rhe said Motion. and it appearing to the Hearing Officer that the ~aid Compromise and

Settlement Agreement should be approved: it is. therefore,

ORDERED, ADJUDGED, AND DECREED that the Compromise and Settlement

Agreement attached [0 the parties' Joint Motion for Approval of Compromise and Settlement

Agreement be, and the same is hereby, APPROVED.

SIGNED AND ENTERED lhi,s /YdaYOf ~...- ,2007, in Baton Rouge.

Louisiana.

~]~'----'-\VILLIAM H. BROWN HEARI~G OFFICER