State ofLouisianaweb01.dps.louisiana.gov/lgcb.nsf... · (hereinafter "Walton Roy Anderson Corp."),...
Transcript of State ofLouisianaweb01.dps.louisiana.gov/lgcb.nsf... · (hereinafter "Walton Roy Anderson Corp."),...
State ofLouisiana KATHLEEN BABINEAUX BLANCO Gaming Control Board H. CHARLES GAUDIN
GOVERNOR CHAIRMAN
IN RE: WALTER ROY ANDERSON CORPORATION JOINT VENTURE NO. P080802382
ORDER
This matter was considered by the Louisiana Gaming Control Board at its meeting of
September 19, 2006. The Hearing Officer ' s order dated August 24, 2006, based on the "Joint
Motion for Approval of Compromise and Settlement Agreement" in the matter of the "Notice of
Recommendation ofSuspension and Penalty," Permit No. P080802382, by and between Walter Roy
Anderson Corporation Joint Venture, 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 l!l...!!::day of September, 2006.
BY:
9100 Bluebonnet Centre, Suite 500, Baton Rouge, LA 7080 9 Phone: (225) 295 -8450 Fax: (225) 295-8479
RECEIVED STATE OF LOUISIANA
AUG 2 4 LOu:;LOUISIANA GAMING CONTROL BOARD
lGCB ADMINISTRATIVE HEARING OFFICE ~DM\NISTRA TIVE HEARING OFF ICF
<5 ' )! ) . .
IN RE: WALTON ROY ANDERSON l.. \.t&OI
CORPORATION JOINT VENTURE PERMIT NO. P080802382
JOINT MOTION FOR APPROVAL OF COMPROMISE AND ..... . SETTLEMENT AGREEMENT
TO THE HONORABLE ADMINISTRATIVE HEARING OFFICER:
COME NOW State of Louisiana, Department of Public Safety and Corrections, Office
of State Police (the ~'Divi sion '.' ) and waIwn ~_ Anderson Corporation Joint Venture . p • • _
(hereinafter "Walton Roy Anderson Corp."), who file this Joint Motion for Approval of
Compromise and Settlement Agreement, and in support thereof would respectively show unto
the Hearing Officer as follows:
I.
The Division and Walton Roy Anderson Corp. are desirous of compromising and settling
all disputes between them relative to the referenced administrative proceeding. In connection
therewith, the parties have entered into a compromise and settlement agreement which by its
terms will become effective upon approval by the Administrative Hearing Office and the
Louisiana Gaming Control Board.
2.
A true and correct copy of the proposed Compromise and Settlement Agreement is
attached hereto as Exhibit "A" and incorporated by reference for all purposes.
'~ ,
WHEREFORE, PREMISES CONSIDERED, the Division and Walton Roy Anderson
Corp . respectfully request that this Honorable
part ies' Compromise and Settlement Agreement.
Respectfully submitted,
SEAGO & CARMICHAEL
Byv E. Seago, Bar RoU,_H-JL.+-,f
812 One Calais Avenu uite 2Baton Rouge, Louisiana 70809 Telephone: (225) 766-5805
-- f"acsiinffe: (223) 766-:':3'8'1:1 .- -- . Counsel for Permittee, Walton Roy Anderson Corp.
Administrative Hearing Officer approve the
CHARLES C. FOT , JR.,
ATTORNEY~ RAL /
fY By: d u ~-
Christ pher B. ert, Bar Roll #29044 Assistant Attorney General 1885 North Third Street, 51h Floor Baton Rouge, Louis iana 70802 '{ elephone: (225) 326-6500 Facsimile: (225) 326-6599 Counsel for the Office ofState Police
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STATE OF LOUISIANA
LOUISIANA GAMING CONTROL BOARD
ADMINISTRATIVE HEARING OFFICE
IN RE: WALTON ROY ANDERSON CORPORATION JOINT VENTURE PERMIT NO. P080802382
COMPROMISE AND SETTLEMENT AGREEMENT
The State of Louisiana, Department of Public Safety and Corrections, Office of State
Police (hereinafter, the "Division") and Walton Roy Anderson Corporation Joint Venture
.(hereinafter "Walton Roy Anderson Corp.. ") do hereby represent and agree as foIlQw.~_: .
WHEREAS, the Louisiana Gaming Control Board has issued a Notice of
Recommendation of Suspension and Penalty to Walton Roy Anderson Corp. alleging certain
violations of Louisiana Gaming Control Law; and
WHEREAS, the issues raised by the said Notice of Recommendation of Suspension and
Penalty are set for hearing on August 24, 2006, before the Louisiana Gaming Control Board
Administrative Hearing Office; and
WHEREAS, the Division and Walton Roy Anderson Corp. are desirous of fully and
finaJly compromising and settling all issues and disputes arising out of and in connection with
the said Notice of Recommendation of Suspension and Penalty;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto do hereby
agree and stipulate as follows:
STIPULATIONS
I. On December 8,2005, the Louisiana Office of State Police issued, via U.S. mail,
an Annual Affidavit form to Walton Roy Anderson Corp. Walton Roy Anderson Corp. was to
submit the Annual Affidavit and the annual permit fee by March 26, 2006, which represents the
anniversary date of its Non-Gaming Supplier Permit.
2. On January 24, 2006, the Division mailed an URGENT REMINDER to Walton
Roy Anderson Corp. via U.S. mail. As of April 17, 2006 the permittee had not submitted an
Annual Affidavit form or the annual permit fee.
3. On May 22, 2006, the Louisiana Gaming Control Board issued a Notice of
Recommendation of Suspension and Penalty to Walton Roy Anderson Corp. alleging certain
violations of Louisiana Gaming Control Law.
4. Walton Roy Anderson Corp. does admit it violated La. R.S.27:29(I) and La. R.S.
27:29.3(F).
TERMS AND C()~_DIrI9~S _
I. Walton Roy Anderson Corp. will pay a civil penalty of FIVE HUNDRED AND
NO/IOO ($500.00) DOLLARS and SIXTY-TWO AND 501100 ($62.50) DOLLARS pursuant to
La. R.S. 27:29.5(C).
2. The Division hereby agrees to accept Walton Roy Anderson Corp.'s payment of
the above stated penalty in full and final settlement of the Notice of Recommendation of
Suspension and Penalty issued on May 22, 2006.
3. The Division reserves the right to take into consideration these admitted
violations in connection with any future investigation, violation or assessment of penalty.
4. The terms of this Compromise and Settlement Agreement shall be interpreted
under the laws of the State of Louisiana.
5. This Compromise and Settlement Agreement constitutes the entire agreement
between the Division and Walton Roy Anderson Corp., pertaining to the subject matter
contained herein and supersedes all prior and contemporaneous agreements, representations and
understandings of the parties.
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6. This Compromise and Settlement Agreement is subject to approval by the
Hearing Officer and the Louisiana Gaming Control Board . It is expressly understood that if this
proposed settlement is approved by the Hearing Officer, this agreement is not thereby executory,
but will be submitted to the Louisiana Gaming Control Board for its determination as to whether
to approve same or to remand the matter to the Hearing Officer for a full hearing on the merits.
Failure to pay the penalty within fifteen (15) days of approval of this settlement shall result in the
immediate suspension of Walton Roy Anderson Corp .'s permit.
~~~_~. _I_h,,-:-a~ye read th!s enJir~ Compromise S~ttllmlent Agreement and agree.uuill stipulations and terms and conditions hereof.
~-
Chri~ er B. Hebert, AA on State of Louisiana Department of Public Safety & Corrections, Office of State Police
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STATE OF LOUISIANA
LOUISIANA GAMING CONTROL BOARD
ADMINISTRATIVE HEARING OFFICE
IN RE: WALTON ROY ANDERSON CORPORATION JOINT VENTURE PERMIT NO. P080802382
ORDER
BE IT REMEMBERED that on this the X day of
for consideration the Joint Motion for Approval of Compromise and
__:...-.."..~==-..:...._
_ •• _ . p the_-parties .haYi~~eared by andthrough their respective attorneys of record, and the Hearing
Officer having considered the pleadings on file, the proposed Settlement Agreement, and the said
Motion, and it appearing to the Hearing Officer that the said Compromise and Settlement
Agreement should be approved; it is, therefore,
ORDERED, ADJUDGED, AND DECREED that the Compromise and Settlement
Agreement attached to the parties' Joint Motion for Approval of Compromise and Settlement
Agreement be, and the same is hereby, APPROVED.
SIGNED AND ENTERED this zclday of ~006' in Balon Rouge,
Louisiana.
.t .; ": ~W~NG corrr:tnl ROA'tD '. .. ,"r , 1IF'r' T'~AT I~, Cf;RT!F!ED , :l :' Y:/;[l .~ Ii N
" Q/L >
J8S!:hI Eo A:NZ;ALO~r:, JR. tv~-"j'/kCUJ'-" HEARING OFFICER ATRUE COpy ATTEST
LOUISIANA GAMING CONTROL 80~R [,)
HEARING Qff1~~QI _ BATON ROUGE, LA ~
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