§ 1342. Required exclusion of certain persons. 1. The commission
shall, by regulation, provide for the establishment of a list of persons
who are to be excluded or ejected from any licensed gaming facility.
Such provisions shall define the standards for exclusion, and shall
include standards relating to persons:

(a) Who are career or professional offenders as defined by regulations
promulgated hereunder; or

(b) Who have been convicted of a criminal offense under the laws of
any state or of the United States, which is punishable by more than
twelve months in prison, or any crime or offense involving moral
turpitude.

The commission shall promulgate definitions establishing those
categories of persons who shall be excluded pursuant to this section,
including cheats and persons whose privileges for licensure or
registration have been revoked.

2. Any enumerated class listed in subdivision one of section two
hundred ninety-six of the human rights law shall not be a reason for
placing the name of any person upon such list.

3. The commission may impose sanctions upon a licensed gaming facility
or individual licensee or registrant in accordance with the provisions
of this article if such gaming facility or individual licensee or
registrant knowingly fails to exclude or eject from the premises of any
licensed gaming facility any person placed by the commission on the list
of persons to be excluded or ejected.

4. Any list compiled by the commission of persons to be excluded or
ejected shall not be deemed an all-inclusive list, and licensed gaming
facilities shall have a duty to keep from their premises persons known
to them to be within the classifications declared in subdivisions one
and two of this section and the regulations promulgated thereunder, or
known to them to be persons whose presence in a licensed gaming facility
would be inimical to the interest of the state or of licensed gaming
therein, or both, as defined in standards established by the commission.

5. Prior to placing the name of any person on a list pursuant to this
section, the commission shall serve notice of such fact and of the
opportunity for a hearing to such person by personal service or by
certified mail at the last known address of such person.

6. Within thirty days after service of the petition in accordance with
subdivision five of this section, the person named for exclusion or
ejection may demand a hearing before the executive director or the
executive director's designee, at which hearing the executive director
or the executive director's designee shall have the affirmative
obligation to demonstrate by substantial evidence that the person named
for exclusion or ejection satisfies the criteria for exclusion
established by this section and the applicable regulations. Failure to
demand such a hearing within thirty days after service shall preclude a
person from having an administrative hearing, but shall in no way affect
his or her right to judicial review as provided herein.

7. The commission may make a preliminary placement on the list of a
person named in a petition for exclusion or ejection pending completion
of a hearing on the petition. The hearing on the application for
preliminary placement shall be a limited proceeding at which the
commission shall have the affirmative obligation to demonstrate by
substantial evidence that the person satisfies the criteria for
exclusion established by this section and the applicable regulations. If
a person has been placed on the list as a result of an application for
preliminary placement, unless otherwise agreed by the executive director
and the named person, a hearing on the petition for exclusion or
ejection shall be initiated within thirty days after the receipt of a
demand for such hearing or the date of preliminary placement on the
list, whichever is later.

8. If, upon completion of the hearing on the petition for exclusion or
ejection, the executive director determines that the person named
therein does not satisfy the criteria for exclusion established by this
section and the applicable regulations, the executive director shall
issue an order denying the petition. If the person named in the petition
for exclusion or ejection had been placed on the list as a result of an
application for preliminary placement, the executive director shall
notify all gaming facility licensees of the person's removal from the
list.

9. If, upon completion of a hearing on the petition for exclusion or
ejection, the executive director determines that placement of the name
of the person on the exclusion list is appropriate, the executive
director shall make and enter an order to that effect, which order shall
be served on all gaming facility licensees. Such order shall be subject
to review by the commission in accordance with regulations promulgated
thereunder, which final decision shall be subject to review pursuant to
article seventy-eight of the civil practice law and rules.