N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1107: Powers and duties of compact committee

§ 1107. Powers and duties of compact committee. The compact committee

is hereby granted, to carry out its purposes, the power and duty:

a. to determine which categories of participants in live racing, such

as owners, trainers, jockeys, drivers, grooms, mutuel clerks, racing

officials, veterinarians, farriers, or others, shall be licensed by the

compact committee, and to establish the term, initial requirements, and

renewal requirements for each license category. With regard to obtaining

and weighing criminal history record information on each applicant, and

all non-arbitrary other licensure requirements, the compact committee

shall adopt licensure requirements comparable, in its judgment, to the

most restrictive party state's requirements for such a license;

b. to investigate license applicants and, as permitted by federal and

state law, to gather information, including criminal history records

from the federal bureau of investigation and from state, local, and

foreign country law enforcement agencies (including the Royal Canadian

Mounted Police), necessary to decide whether an applicant meets its

license requirements. Such criminal history record information may be

received and reviewed only by the officials on, and employees of, the

compact committee, and that information may be used only for the

purposes of this compact. No such official or employee may disclose or

disseminate such criminal history record information to any person or

entity other than another official on, or employee of, the compact

committee. The compact committee, its employees, or its designee shall

take the fingerprints of each license applicant and, pursuant to P.L.

92-544 or P.L. 100-413, forward the fingerprints to a state

identification bureau, the Association of Racing Commissioners,

International (an association of state officials regulating pari-mutuel

wagering, designated by the attorney general of the United States), or

another entity with an equivalent designation, for submission to the

federal bureau of investigation or other receiving law enforcement

agency;

c. to issue and renew licenses for participants in live racing who are

found by the compact committee to have met its licensure or renewal

requirements. The compact committee shall not have the power or

authority to deny a license. If it determines that an applicant will not

be eligible, the compact committee shall notify the applicant that it

will not be able to process his or her licensure or renewal application

any further. That notification shall not constitute, and shall not be

considered to be, the denial of a license. Although such applicant shall

have the right to present further evidence and to be heard by the

compact committee, after receiving such notification, the final decision

on issuance or renewal of his or her license shall be made by the

compact committee pursuant to its established requirements;

d. to enter into contracts and agreements with governmental agencies

and other persons to provide personal services for its activities, and

such other services as may be necessary;

e. to create, appoint, and abolish all those offices, employments, and

positions (including an executive director) useful to fulfill its

purposes; to prescribe their powers, duties, and qualifications; to hire

persons therefor; and to provide for their term, tenure, removal,

compensation, and fringe and retirement benefits, and other conditions

of employment;

f. to borrow, accept, and contract for the services of personnel from

any state, federal, or other governmental agency, or from any other

person or entity;

g. to acquire, hold, and dispose of any real or personal property by

gift, purchase, lease, license, and similar means;

h. to charge and collect a fee, whether for licensure or renewal, from

each license applicant; and

i. to receive additional funds through gifts, grants, and

appropriations.