Registrar, Alcohol and Gaming Commission of Ontario v. Lisa Marie Hicken, 2009 CanLII 47533

ALCOHOL AND GAMING COMMISSION OF ONTARIO

IN THE MATTER OF The: Gaming Control Act, 1992, as amended

B E T W E E N:

Registrar, Alcohol and Gaming Commission of Ontario Registrar

-and-

Lisa Marie Hicken Registrant

DECISION AND ORDER

Panel: Patricia McQuaid, Vice-Chair Decision Date: June 29, 2009 Hearing Location: Toronto, Ontario

Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca

Appearances

Registrar, Alcohol and Gaming Commission ) Brad Alton, Representative Lisa Maria Hicken, Registrant ) On her own behalf

Allegations

1. The Registrar of the Alcohol and Gaming Commission of Ontario issued Notice of Proposed Order dated March 24, 2009 to suspend the registration of LISA MARIE HICKEN (the “Registrant”), 116 Ann Street, Sarnia, Ontario, N7T 2E7, as a gaming employee in the class of gaming employee, registration number 83613, file number 78941, on the basis of section 12 of the Gaming Control Act, 1992 (the “GCA” or the “Act”) that there are reasonable grounds to believe that the Registrant has not acted as a gaming assistant in accordance with law, or with integrity, honesty, or in the public interest, having regard to the past conduct and the Registrant has carried on activities that have been in contravention of the GCA and regulations or the terms of the registration. A teleconference hearing was convened on June 23, 2009 in the City of Toronto.

2. Brad Alton, Registrar’s Representative, and Ms Hicken, who waived her right to legal representation, submitted an Agreed Statement of Facts and Joint Submission Regarding Disposition (Exhibit #1) which forms part of this decision. It was agreed and admitted that:

1. The Registrant made an application in November 1999, for registration as a Gaming Employee under the Gaming Control Act.

2. It was found that the Registrant had Highway Traffic Act charges and suspensions that had not been disclosed. As well as unpaid Provincial Offences Act fines and outstanding consumer debts that had been forwarded for collection.

3. Due to past conduct which involved delinquent debts, the Registrant’s registration was made subject to terms in November 2007, including Term #3:

“Lisa Marie Hicken shall provide a payment plan to the Deputy Registrar by January 30, 2008 outlining how she intends to settle the outstanding debts owed to the following:

• Total Credit Recovery (collection – Chase Sears) in the amount of $664.00 and;

• Wells Fargo Financial (showing an R9 rating – written off) in the amount of $7,046”

4. Further debts, as follows, were discovered:

• CBCL (student loan) in the amount of $20,000

5. The Registrant failed to provide the AGCO with proof of payment and/or a payment plan for these outstanding debts despite numerous requests.

6. An investigation was conducted and revealed numerous outstanding unpaid Provincial Offences Act fines. The Registrant’s registration was made subject to further terms including Term #9:

• Lisa Marie Hicken shall provide written proof to the Deputy Registrar by March 01, 2008 of payment of the outstanding fines owed to the following:

• Provincial Court Sarnia (Case: 1760 588 07 256195 00) in the amount of $56.00; and

• Provincial Court Sarnia (Case: 1760 588 07 262412 00) in the amount of $56.00; and

• Provincial Court Sarnia (Case: 1760 588 07 243509 00) in the amount of $56.00; and

• Provincial Court Sarnia (Case: 1760 999 00 78761791 00) in the amount of $110.00; and (amount amended to PAID)

• Provincial Court Sarnia (Case: 1760 999 07 0292 00) in the amount of $1130.00; and (amount amended to $960.00)

7. The Registrant has now provided proof of payment of the Sears and the Wells Fargo indebtedness.

8. The Registrant is still in breach of the Terms and Conditions of her registration.

Order

4. Therefore, having considered the Agreement (Exhibit #1), the Board confirms its oral ORDER that the registration of LISA MARIE HICKEN, 116 Ann Street, Sarnia, Ontario, N7T 2E7, as a gaming employee in the class of gaming employee, registration number 83613, be suspended for TWO WEEKS (14 consecutive days), to commence at 12:01 a.m. on July 6, 2009 and to end at 11:59 p.m. on July 19, 2009.

5. Further, the Board ORDERS the following term and condition shall be attached to the Registration:

1. The Registrant, Lisa Marie Hicken, shall provide a payment plan for all outstanding debts to the Deputy Registrar by September 30, 2009.

DATED AT TORONTO THIS 29^th^ DAY OF June , 2009.

PATRICIA MCQUAID, VICE-CHAIR

Attached

IN THE MATTER OF THE GAMING CONTROL ACT, 1992,

S.O. 1992, CHAPTER 24 AND REGULATIONS, AS AMENDED

AND IN THE MATTER OF THE

NOTICE OF PROPOSED ORDER TO REVOKE THE REGISTRATION OF

JOHN BRADLEY ORGAR

AGREEMENT

The Registrant, who is not represented by legal counsel, but who has been advised of the Registrant’s right to legal counsel and has declined that right and Registrar’s Counsel agree to the following:

Agreed Statement of Facts

1. The Registrant mad application in November 1999, for registration as a Gaming Employee under the Gaming Control Act.

2. It was found that the Registrant had Highway Traffic Act charges and suspensions that had not been disclosed. As well as unpaid Provincial Offences Act fines and outstanding consumer debts that had been forwarded for collection.

3. Due to past conduct which involved delinquent debts, the Registrant’s registration was made subject to terms in November 2007, including Term #3:

“Lisa Marie Hicken shall provide a payment plan to the Deputy Registrar by January 30, 2008 outlining how she intends to settle the outstanding debts owed to the following:

• Total Credit Recovery (collection – Chase Sears) in the amount of $664.00 and;

• Wells Fargo Financial (showing and R9 rating – written off) in the amount of $7,046”

1. Further debts, as follows, were discovered:

• CBCL (student loan) in the amount of $20,000

1. The Registrant failed to provide the AGCO with proof of payment and/or a payment plan for these outstanding debts despite numerous requests.

2. An investigation was conducted and revealed numerous outstanding unpaid Provincial Offences Act fines. The Registrant’s registration was made subject to further terms including Term #9:

Lisa Marie Hicken shall provide written proof to the Deputy Registrar by March 01, 2008 of payment of the outstanding fines owed to the following:

• Provincial Court Sarnia (Case: 1760 588 07 256195 00) in the amount of $56.00; and

• Provincial Court Sarnia (Case: 1760 588 07 262412 00) in the amount of $56.00; and

• Provincial Court Sarnia (Case: 1760 588 07 243509 00) in the amount of $56.00; and

• Provincial Court Sarnia (Case: 1760 999 00 78761791 00) in the amount of $110.00; and (amount amended to PAID)

• Provincial Court Sarnia (Case: 1760 999 07 0292 00) in the amount of $1130.00; and (amount amended to $960.00)

1. The Registrant has now provided proof of payment of the Sears and the Wells Fargo indebtedness.

2. The Registrant is still in breach of the Terms and Conditions of her registration.

Joint Submission Regarding Disposition

1. The Registrant hereby withdraws her request for a hearing

2. The Registrant, Ms. Hicken, shall provide a payment plan for all outstanding debts to the Deputy Registrar by September 30, 2009.

3. The Registrant, Ms. Hicken shall serve a two week (14) day suspension of her gaming registration to be served consecutively and to commence on July 6, 2009 at 12:01 a.m., and to end on July 19, 2009, at 11:59 p.m., inclusive.

Dated this 19^th^ day of June, 2009

Lisa Marie Hicken Brad Alton

Registrant Counsel to the Registrar of Alcohol and Gaming