State ofLouisianaweb01.dps.louisiana.gov/lgcb.nsf... · (hereinafter "Walton Roy Anderson Corp."),...

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State of Louisiana KATHLEEN BABINEA UX 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 of Suspension 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

Transcript of State ofLouisianaweb01.dps.louisiana.gov/lgcb.nsf... · (hereinafter "Walton Roy Anderson Corp."),...

Page 1: State ofLouisianaweb01.dps.louisiana.gov/lgcb.nsf... · (hereinafter "Walton Roy Anderson Corp."), who file this Joint Motion for Approval of Compromise and Settlement Agreement,

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

Page 2: State ofLouisianaweb01.dps.louisiana.gov/lgcb.nsf... · (hereinafter "Walton Roy Anderson Corp."), who file this Joint Motion for Approval of Compromise and Settlement Agreement,

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.

'~ ,

Page 3: State ofLouisianaweb01.dps.louisiana.gov/lgcb.nsf... · (hereinafter "Walton Roy Anderson Corp."), who file this Joint Motion for Approval of Compromise and Settlement Agreement,

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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Page 4: State ofLouisianaweb01.dps.louisiana.gov/lgcb.nsf... · (hereinafter "Walton Roy Anderson Corp."), who file this Joint Motion for Approval of Compromise and Settlement Agreement,

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

Page 5: State ofLouisianaweb01.dps.louisiana.gov/lgcb.nsf... · (hereinafter "Walton Roy Anderson Corp."), who file this Joint Motion for Approval of Compromise and Settlement Agreement,

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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Page 6: State ofLouisianaweb01.dps.louisiana.gov/lgcb.nsf... · (hereinafter "Walton Roy Anderson Corp."), who file this Joint Motion for Approval of Compromise and Settlement Agreement,

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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Page 7: State ofLouisianaweb01.dps.louisiana.gov/lgcb.nsf... · (hereinafter "Walton Roy Anderson Corp."), who file this Joint Motion for Approval of Compromise and Settlement Agreement,

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 ~

qq;~