For the Defense - Volume 2, Issue 1 - 2017 - 28

Fifth Amendment privileges, OHA typically will
agree to continue the administrative proceedings
pending the disposition of any criminal case. To
do so, however, a party must serve notice of an
intent to defend, and makes such a request for
continuance.30
Involuntary exclusion is permanent unless
lifted by the Board upon request of the excluded
person. The mechanism to seek removal from the
list, unless otherwise directed by the Board, is a
petition filed by the excluded person.31 This provision allows a person to file such a request at any
time. However, if the petition is filed within five
years of being placed on the list, it is considered an
"early consideration" and if denied, the requester
must thereafter wait until five years has passed
before a second request may be made.32
Petitions seeking removal from the Involuntary
Exclusion List must be signed by the excluded
person, state facts supporting "good cause" for
removal from the list and, if necessary, include
supporting affidavits such as from character references, treatment providers or counselors. Once
filed with OHA, OEC will file an answer outlining
its position.33 If OEC objects, the hearing process
described above commences once again, this time
with the burden on the person seeking removal
from the list, as to why that relief should be
granted. If OEC does not object to the removal,
the matter will be forwarded to the Board for
consideration "on the documents" and the petitioner will receive notice as to when the Board
will take up the matter at a public meeting.

Self-Exclusion
The General Assembly has also provided for a
Self-Exclusion mechanism for persons who desire
to voluntarily exclude themselves from casinos.34
Any person may request placement on the List
of Self-Excluded Persons by acknowledging that
the person is a problem gambler and by agreeing
that, during any period of voluntary exclusion, the
person may not collect any winnings or recover
any losses resulting from any gaming activity at
licensed facilities.35 In addition, a self-excluded
person may be cited by law enforcement for criminal trespass if he enters a Pennsylvania casino.36
In contrast to the Involuntary Exclusion List, the
identity of self-excluded persons is provided only
to the casinos and is not otherwise made public.37

28

For The Defense | Vol. 2, Issue 1

Petitions seeking removal from the
Involuntary Exclusion List must be
signed by the excluded person, state
facts supporting "good cause" for
removal from the list and, if necessary,
include supporting affidavits such as
from character references, treatment
providers or counselors.
When requesting voluntary exclusion, the
individual must choose an exclusionary period of
one year, five years or a lifetime ban.38 At the
time of placing oneself on the list, the individual
must acknowledge that if he is discovered on the
gaming floor, he will be subject to removal and
arrest for criminal trespass,39 and the individual's winnings will be subject to confiscation.40
Violation of the self-exclusion ban may result
in OEC seeking an Involuntary Exclusion as
described above.
Moreover, if the individual places himself on
the list for one or five years, the prohibition of
entering the casino remains in place until the
individual requests removal from the list after the
expiration of the one or five year period; i.e., the
individual is not automatically removed from the
list at the conclusion of the period.41 Removing
oneself from the List of Self-Excluded Persons is
accomplished by scheduling an appointment to
request removal after the expiration of the one
or five year period. There presently is no right to
be removed from the lifetime self-exclusion list.42
The casino Exclusion Lists maintained by the
Gaming Control Board are aimed at protecting
not only the integrity of the gaming product in
Pennsylvania, but also protecting the patrons of
Pennsylvania's casinos from outside threats as
well as protecting those with gambling problems.
Practitioners should be aware of the consequences
of exclusion which can follow criminal action perpetrated at casinos including the publication on
the Involuntary List and potential further criminal
charges for violating either exclusion list.



Table of Contents for the Digital Edition of For the Defense - Volume 2, Issue 1 - 2017

Table of Contents
For the Defense - Volume 2, Issue 1 - 2017 - 1
For the Defense - Volume 2, Issue 1 - 2017 - 2
For the Defense - Volume 2, Issue 1 - 2017 - Table of Contents
For the Defense - Volume 2, Issue 1 - 2017 - 4
For the Defense - Volume 2, Issue 1 - 2017 - 5
For the Defense - Volume 2, Issue 1 - 2017 - 6
For the Defense - Volume 2, Issue 1 - 2017 - 7
For the Defense - Volume 2, Issue 1 - 2017 - 8
For the Defense - Volume 2, Issue 1 - 2017 - 9
For the Defense - Volume 2, Issue 1 - 2017 - 10
For the Defense - Volume 2, Issue 1 - 2017 - 11
For the Defense - Volume 2, Issue 1 - 2017 - 12
For the Defense - Volume 2, Issue 1 - 2017 - 13
For the Defense - Volume 2, Issue 1 - 2017 - 14
For the Defense - Volume 2, Issue 1 - 2017 - 15
For the Defense - Volume 2, Issue 1 - 2017 - 16
For the Defense - Volume 2, Issue 1 - 2017 - 17
For the Defense - Volume 2, Issue 1 - 2017 - 18
For the Defense - Volume 2, Issue 1 - 2017 - 19
For the Defense - Volume 2, Issue 1 - 2017 - 20
For the Defense - Volume 2, Issue 1 - 2017 - 21
For the Defense - Volume 2, Issue 1 - 2017 - 22
For the Defense - Volume 2, Issue 1 - 2017 - 23
For the Defense - Volume 2, Issue 1 - 2017 - 24
For the Defense - Volume 2, Issue 1 - 2017 - 25
For the Defense - Volume 2, Issue 1 - 2017 - 26
For the Defense - Volume 2, Issue 1 - 2017 - 27
For the Defense - Volume 2, Issue 1 - 2017 - 28
For the Defense - Volume 2, Issue 1 - 2017 - 29
For the Defense - Volume 2, Issue 1 - 2017 - 30
For the Defense - Volume 2, Issue 1 - 2017 - 31
For the Defense - Volume 2, Issue 1 - 2017 - 32
For the Defense - Volume 2, Issue 1 - 2017 - 33
For the Defense - Volume 2, Issue 1 - 2017 - 34
For the Defense - Volume 2, Issue 1 - 2017 - 35
For the Defense - Volume 2, Issue 1 - 2017 - 36
For the Defense - Volume 2, Issue 1 - 2017 - 37
For the Defense - Volume 2, Issue 1 - 2017 - 38
For the Defense - Volume 2, Issue 1 - 2017 - 39
For the Defense - Volume 2, Issue 1 - 2017 - 40
For the Defense - Volume 2, Issue 1 - 2017 - 41
For the Defense - Volume 2, Issue 1 - 2017 - 42
For the Defense - Volume 2, Issue 1 - 2017 - 43
For the Defense - Volume 2, Issue 1 - 2017 - 44
For the Defense - Volume 2, Issue 1 - 2017 - 45
For the Defense - Volume 2, Issue 1 - 2017 - 46
For the Defense - Volume 2, Issue 1 - 2017 - 47
For the Defense - Volume 2, Issue 1 - 2017 - 48
For the Defense - Volume 2, Issue 1 - 2017 - 49
For the Defense - Volume 2, Issue 1 - 2017 - 50
For the Defense - Volume 2, Issue 1 - 2017 - 51
For the Defense - Volume 2, Issue 1 - 2017 - 52
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