N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 522
Suspension of approval
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2021
As of January 1, 2015
§ 522. Suspension of approval. 1. The board may suspend its approval\nof any plan of operation if the regional corporation whose plan of\noperation has been approved or its officers or directors fail to conduct\noff-track pari-mutuel betting on horse races in accordance with the\nprovisions of the plan of operation, with the applicable rules of the\nboard or with the provisions of this article, article five and article\nsix of this chapter, as the case may be; or if such corporation or its\nofficers or directors shall knowingly permit on any of its premises\nlotteries, pool-selling or bookmaking or any other kind of gambling, in\nviolation of this chapter or of the penal law. Suspension shall continue\nfor the period necessary to remedy the situation or condition requiring\nsuch suspension.\n 2. If the board shall determine to suspend approval of any plan of\noperation it shall give the regional corporation involved notice of the\ntime and place for a hearing before the board, at which the board will\nhear such regional corporation in reference thereto. The board may\ncontinue such hearing from time to time for the convenience of all\nparties. Any of the parties affected by such hearing may be represented\nby counsel, and the board may be represented by its own counsel or by\nthe attorney general. In the conduct of such hearing the board shall not\nbe bound by technical rules of evidence, but all evidence offered before\nthe board shall be reduced to writing, and such evidence together with\nthe exhibits, if any, and the findings of the board shall be permanently\npreserved and shall constitute the record of the board in such case.\nWithin thirty days after such hearing, the board shall make a final\ndetermination. Such hearing may be presided over by the chairperson of\nthe board or by any member or an officer of the board designated by the\nchairperson in writing to act as hearing officer and such person or\npersons may issue subpoenas for witnesses and administer oaths to\nwitnesses. The hearing officer, at the conclusion of the hearing, shall\nmake findings which, if concurred in by two members of the board, shall\nbecome the findings of the board. If it determines that such approval be\nsuspended, it shall make an order accordingly, and shall cause such\norder to be entered on its minutes and a copy thereof served on such\nregional corporation. The action of the board in suspending such\napproval shall be reviewable in the supreme court in the manner provided\nby the provisions of article seventy-eight of the civil practice law and\nrules.\n 3. The board may suspend approval of any plan of operation for a\nreason set forth in subdivision one of this section as of the delivery\nto the regional corporation of the notice of hearing required by\nsubdivision two of this section pending final determination of the board\nfollowing the hearing; provided, however, that no suspension of approval\npursuant to this subdivision shall be for a period longer than twenty\ndays.\n 4. In addition to its power to suspend or revoke plans of operation\napproved or licenses granted by it, the board is hereby authorized and\nempowered to impose monetary fines upon any corporation, association or\nperson participating in any way in off-track betting on which\npari-mutuel betting is conducted, other than as a patron, and whether\nlicensed by the board or not, for violation of any provisions of this\nchapter, or the rules promulgated by the board pursuant thereto, or an\napproved plan of operation, not exceeding fifty thousand dollars for\neach violation. The board is further authorized and empowered to impose\nmonetary fines, not exceeding fifty thousand dollars for each violation,\nupon any such corporation, association or person for a violation of any\norder issued by the board pursuant to the provisions of this chapter or\nthe rules promulgated by the board pursuant thereto, provided that a\ncopy of such order shall have been served either personally or by\ncertified mail, upon the corporation, association or person to whom the\nsame was directed, prior to the occurrence of the violation for which\nsuch fine is imposed. The board shall impose such monetary fines,\nsubject to the notice and hearing provisions of the state administrative\nprocedure act. Such fines shall be paid into the state treasury. The\naction of the board in imposing any monetary fine shall be reviewable in\nthe supreme court in the manner provided by and subject to the\nprovisions of article seventy-eight of the civil practice law and rules.\n
§ 522. Suspension of approval. 1. The commission may suspend its\napproval of any plan of operation if the regional corporation whose plan\nof operation has been approved or its officers or directors fails to\nconduct off-track pari-mutuel betting on horse races in accordance with\nthe provisions of the plan of operation, with the applicable rules of\nthe commission or with the provisions of this article, article five and\narticle six of this chapter, as the case may be; or if such corporation\nor its officers or directors shall knowingly permit on any of its\npremises lotteries, pool-selling or bookmaking or any other kind of\ngambling, in violation of this chapter or of the penal law. Suspension\nshall continue for the period necessary to remedy the situation or\ncondition requiring such suspension.\n 2. If the commission suspends approval of any plan of operation the\ncommission shall give the regional corporation involved notice of the\ntime and place for a hearing before the commission, at which the\ncommission shall hear such regional corporation in reference thereto.\nThe commission may continue such hearing from time to time for the\nconvenience of all parties. Any of the parties affected by such hearing\nmay be represented by counsel, and the commission may be represented by\nits own counsel or by the attorney general. In the conduct of such\nhearing the commission shall not be bound by technical rules of\nevidence, but all evidence offered before the commission shall be\nreduced to writing, and such evidence together with the exhibits, if\nany, and the findings of the commission shall be permanently preserved\nand shall constitute the record of the commission in such case. Within\nthirty days after such hearing, the commission shall make a final\ndetermination. Such hearing may be presided over by the chair of the\ncommission or by any member or an officer of the commission designated\nby the chair in writing to act as hearing officer and such person or\npersons may issue subpoenas for witnesses and administer oaths to\nwitnesses. The hearing officer, at the conclusion of the hearing, shall\nmake findings, which, if concurred in by a majority of a quorum of the\ncommission, shall become the findings of the commission. If the\ncommission determines that such approval is suspended, the commission\nshall make an order accordingly and shall cause such order to be entered\non its minutes and a copy thereof served on such regional corporation.\nThe action of the commission in suspending such approval shall be\nreviewable in the supreme court in the manner provided by the provisions\nof article seventy-eight of the civil practice law and rules.\n 3. The commission may suspend approval of any plan of operation for a\nreason set forth in subdivision one of this section as of the delivery\nto the regional corporation of the notice of hearing required by\nsubdivision two of this section pending final determination of the\ncommission following the hearing; provided, however, that no suspension\nof approval pursuant to this subdivision shall be for a period longer\nthan twenty days.\n 4. The commission, in addition to its power to suspend or revoke plans\nof operation approved or licenses granted by it, is hereby authorized\nand empowered to impose monetary fines upon any corporation, association\nor person participating in any way in off-track betting on which\npari-mutuel betting is conducted, other than as a patron, and whether\nlicensed by the commission or not, for violation of any provisions of\nthis chapter, or the rules promulgated by the commission pursuant\nthereto, or an approved plan of operation, not exceeding fifty thousand\ndollars for each violation. The commission is further authorized and\nempowered to impose monetary fines, not exceeding fifty thousand dollars\nfor each violation, upon any such corporation, association or person for\na violation of any order issued by the commission pursuant to the\nprovisions of this chapter or the rules promulgated by the commission\npursuant thereto, provided that a copy of such order shall have been\nserved either personally or by certified mail, upon the corporation,\nassociation or person to whom the same was directed, prior to the\noccurrence of the violation for which such fine is imposed. The\ncommission shall impose such monetary fines, subject to the notice and\nhearing provisions of the state administrative procedure act. Such fines\nshall be paid into the state treasury. The action of the commission in\nimposing any monetary fine shall be reviewable in the supreme court in\nthe manner provided by and subject to the provisions of article\nseventy-eight of the civil practice law and rules.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.