N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 220

§ 220. Licenses for participants and employees at race meetings. 1.\nFor the purpose of maintaining a proper control over race meetings\nconducted pursuant to sections two hundred five and two hundred six of\nthis article, the state racing and wagering board shall license owners,\nwhich term shall be deemed to include part owners and lessees, trainers,\nassistant trainers and jockeys, jockey agents, stable employees, and\nsuch other persons as the board may by rule prescribe at running races\nand at steeplechases, provided, however, that no such license shall be\nrequired for seasonal employees hired solely to work for no longer than\nsix weeks during the summer meet at Saratoga racetrack. In the event\nthat a proposed licensee is other than a natural person, the board shall\nrequire by regulation disclosure of the names and addresses of all\nowners of an interest in such entity. The board may retain, employ or\nappoint such officers, employees and agents, as it may deem necessary to\nreceive, examine and make recommendations, for the consideration of the\nboard, in respect of applications for such licenses; prescribe their\nduties in connection therewith, and fix their compensation therefor\nwithin the limitations prescribed by law. Each applicant for a license\nshall pay to the board an annual license fee as follows: owner's\nlicense, if a renewal, fifty dollars, and if an original application,\none hundred dollars; trainer's license, thirty dollars; assistant\ntrainer's license, thirty dollars; jockey's license, fifty dollars;\njockey agent's license, twenty dollars; and stable employee's license,\nfive dollars. Each applicant may apply for a two year or three year\nlicense by payment to the board of the appropriate multiple of the\nannual fee. The board may by rule fix the license fees to be paid by\nother persons required to be licensed by the rules of the board, not to\nexceed thirty dollars per category. The application for the license\nshall be in writing in such form as the board may prescribe, and contain\nsuch information as the board may require. The board shall henceforth\ncause all applicants for licenses to be photographed and fingerprinted\nand may issue identification cards to licensees. Such fingerprints shall\nbe submitted to the division of criminal justice services for a state\ncriminal history record check, as defined in subdivision one of section\nthree thousand thirty-five of the education law, and may be submitted to\nthe federal bureau of investigation for a national criminal history\nrecord check. A fee equal to the actual cost of issuance shall be\ncharged for the initial issuance of such identification cards. Each such\nlicense unless revoked for cause shall be for the period of no more than\none, two or three years, determined by rule of the board, expiring on\nthe applicant's birth date. Licenses current on the effective date of\nthis provision shall not be reduced in duration by this provision. An\napplicant who applies for a license that, if issued, would take effect\nless than six months prior to the applicant's birth date may, by payment\nof a fifty percent higher fee, receive a license which shall not expire\nuntil the applicant's second succeeding birth date. All receipts of the\nboard derived from the operation of this section shall be paid by it\ninto the state treasury on or before the tenth day of each month. All\nofficials connected with the actual conduct of racing shall be approved\nby the board.\n 2. If the state racing and wagering board shall find that the\nfinancial responsibility, experience, character and general fitness of\nthe applicant are such that the participation of such person will be\nconsistent with the public interest, convenience or necessity and with\nthe best interests of racing generally in conformity with the purposes\nof this article, it shall thereupon grant a license. If the board shall\nfind that the applicant fails to meet any of said conditions, it shall\nnot grant such license and it shall notify the applicant of the denial.\n The board may refuse to issue or renew a license, or may suspend or\nrevoke a license issued pursuant to this section, if it shall find that\nthe applicant, or any person who is a partner, agent, employee or\nassociate of the applicant, has been convicted of a crime in any\njurisdiction, or is or has been associating or consorting with any\nperson who has or persons who have been convicted of a crime or crimes\nin any jurisdiction or jurisdictions or is consorting or associating\nwith or has consorted or associated with bookmakers, touts, or persons\nof similar pursuits, or has himself engaged in similar pursuits, or is\nfinancially irresponsible, or has been guilty of or attempted any fraud\nor misrepresentation in connection with racing, breeding, or otherwise,\nor has violated or attempted to violate any law with respect to racing\nin any jurisdiction or any rule, regulation or order of the board, or\nshall have violated any rule of racing which shall have been approved or\nadopted by the board, or has been guilty of or engaged in similar,\nrelated or like practices.\n 3. No license shall be revoked unless such revocation is by board\ndetermination upon a meeting of the board. Prior to revocation or\nsuspension of license a licensee shall be entitled to a hearing on\nnotice except that summary suspension where emergency action is required\nin accordance with subdivision three of section four hundred one of the\nstate administrative procedure act may be ordered. In the conduct of\nsuch hearing the board shall not be bound by technical rules of evidence\nbut all evidence offered before the board shall be reduced to writing,\nand such evidence together with the exhibits, if any, and the findings\nof the board, shall be permanently preserved and shall constitute the\nrecord of the board in such case. Such hearing may be presided over by\nthe chairman of the board or by any member or by an officer of the board\ndesignated by the chairman in writing to act as hearing officer and such\nperson or persons may issue subpoenas for witnesses and administer oaths\nto witnesses. The hearing officer, at the conclusion of the hearing\nshall make findings which, if concurred in by two members of the board,\nshall become the findings of the board. The action of the board in\nrefusing, suspending or in revoking a license shall be reviewable in the\nsupreme court in the manner provided by the provisions of article\nseventy-eight of the civil practice law and rules.\n 4. Within one year from the date of payment and upon the audit of the\nstate comptroller, monies may be refunded for any fee paid pursuant to\nthis section for which no license is issued or refund that portion of\nthe payment that is in excess of the amount prescribed by this section.\n