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-
Susan Lyn Deley
Registrant
DECISION
Panel: David Gavsie, Chair, AGCO
Brian Ford, Board Member
Decision Date: December 9, 2009
Hearing Location: Niagara Falls, 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 ) Richard Kulis, Representatives
Susan Lyn Deley, Registrant ) On her own behalf
Allegations
A hearing into a Notice of Proposed Order (“NOPO”) dated July 23, 2009 to suspend the registration of SUSAN LYN DELEY (the “Registrant”), 7413 Heximer Avenue, Niagara Falls, Ontario, L2G 4T7, as a gaming assistant, in the class of gaming employee, registration number 96040, on the basis of section 12 of the Gaming Control Act, 1992 (“GCA”) that there are reasonable grounds to believe that the Registrant will not act 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 are in contravention of the GCA or regulations or the terms of the registration, was held on November 13, 2009 in the City of Niagara Falls.
The Registrant, Susan Lyn Deley, appeared on her own behalf and waived her right to be represented by counsel.
Ms Deley admitted to the violations in the NOPO. She also stated she has been on medical leave since May 2009 and she will not be back at work until sometime in January 2010.
Ms Deley is not presently receiving pay from her employer and has been on Employment Insurance since May 2009.
Mr. Kulis stated that the Registrar has been working with the Registrant for some time to have her focus and deal with her debt situation. The suspension will be on her record and she needs to pay off her debts.
Ms Deley stated she is seeing a new financial consultant from Price Waterhouse to deal with her financial difficulties.
Mr. Kulis stated that the Registrant, on completion of the consultation file with the Niagara Alcohol and Gaming Commission of Ontario office, will have a plan to deal with her outstanding debt. Once the plan is filed it will be reviewed and approved by the Registrar’s office.
Ms Deley stated the Criminal Code offences of impaired driving came about as her financial difficulties resulted from alcohol abuse. She has been alcohol free for two and one-half to three years.
The Registrar asked that the registration be reviewed at the end of the suspension period.
Ms Deley stated that she read and signed Exhibit #1, the Agreed Statement and Proposed Sanction, and fully understands the contents of the document.
Order
- The Board therefore ORDERS that the registration of SUSAN LYN DELEY, 7413 Heximer Avenue, Niagara Falls, Ontario, L2G 4T7, as a gaming assistant, in the class of gaming employee, registration number 96040 be renewed, subject to the following condition as agreed to by the Registrar and Registrant:
The Registrant, Susan Lyn Deley, shall submit to the Registrar a financial plan to repay the debts owing. That financial plan shall be submitted by November 27, 2009 for the Registrar’s approval. The terms of repayment under the approved plan shall be a condition of registration.
The Board further ORDERS that the Registration of, SUSAN LYN DELEY, as a gaming assistant in the class of gaming employee, be suspended for a period of TWO weeks.
The Registrant shall submit proposed suspension dates in writing to the Manager of Hearings, Hearings Department, Alcohol and Gaming Commission of Ontario at the address on the front of this decision within seven (7) days of the date of this decision. The Board will set suspension dates without further notice to the Registrant if proposed dates are not provided within that time.
DATED AT TORONTO THIS 9th DAY OF December , 2009
DAVID GAVSIE, CHAIR, AGCO BRIAN FORD, BOARD MEMBER
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
PROPOSED SUSPENSION OF
THE REGISTRATION OF SUSAN LYN DELEY
AGREED STATEMENT AND PROPOSED SANCTION
The Registrant, who has been advised of her right to legal representation and who has consented to proceed without legal representation, AND Registrar’s counsel agree to the following facts, violations and sanction.
The Registrant admits all the facts in the Notice of Proposed Order dated July 23, 2009.
Based on the admissions of these facts, the Registrant admits to the grounds of suspension noted on page 2 of the Notice of Proposed Order being
a) 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 of the Registrant; and
b) the Registrant has carried on activities that have been in contravention of the Act and regulations, or the terms of registration.
Based on these violations, a two week suspension shall be imposed.
Further, the Registrant agrees to a condition to be attached to her registration that
“The Registrant, Susan Lyn Deley, shall submit to the Registrar a financial plan to repay the debts owing. That financial plan shall be submitted by November 27, 2009 for the Registrar’s approval. The terms of repayment under the approved plan shall be a condition of registration”
- Registrar’s counsel has advised the Registrant that further breaches of the Gaming
Control Act, its regulations or the terms of her registration could result in further disciplinary proceedings up to and including revocation of her registration.
Dated in NIAGARA FALLS this 13th day of November, 2009
SUSAN LYN DELOY RICHARD KULIS
Registrant Counsel for the Registrar, AGCO