N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1306: Powers of the board

§ 1306. Powers of the board. The New York state gaming facility

location board shall select, following a competitive process and subject

to the restrictions of this article, no more than seven entities to

apply to the commission for gaming facility licenses; provided however,

that no more than three gaming facilities shall be located in zone one.

In exercising its authority, the board shall have all powers necessary

or convenient to fully carry out and effectuate its purposes including,

but not limited to, the following powers. The board shall:

1. issue a request for applications for zone one or two gaming

facility licenses pursuant to section one thousand three hundred twelve

or section one thousand three hundred twenty-one-b of this article;

2. assist the commission in prescribing the form of the application

for zone one or two gaming facility licenses including information to be

furnished by an applicant concerning an applicant's antecedents, habits,

character, associates, criminal record, business activities and

financial affairs, past or present pursuant to section one thousand

three hundred thirteen or section one thousand three hundred

twenty-one-c of this article;

3. develop criteria, in addition to those outlined in this article, to

assess which applications provide the highest and best value to the

state, the zone and the region in which a gaming facility is to be

located;

4. determine a gaming facility license fee to be paid by an applicant;

5. determine, with the assistance of the commission, the sources and

total amount of an applicant's proposed capitalization to develop,

construct, maintain and operate a proposed gaming facility license under

this article;

6. have the authority to conduct investigative hearings concerning the

conduct of gaming and gaming operations in accordance with any

procedures set forth in this article and any applicable implementing

regulations;

7. issue detailed findings of facts and conclusions demonstrating the

reasons supporting its decisions to select applicants for commission

licensure;

8. report annually to the governor, the speaker of the assembly and

the temporary president of the senate, its proceedings for the preceding

calendar year and any suggestions and recommendations as it shall deem

desirable;

9. promulgate any rules and regulations that it deems necessary to

carry out its responsibilities;

10. have the power to administer oaths and examine witnesses; and

request and receive criminal history information as defined in paragraph

(c) of subdivision one of section eight hundred forty-five-b of the

executive law of the division of criminal justice services, pursuant to

subdivision eight-a of section eight hundred thirty-seven of the

executive law, in connection with executing the responsibilities of the

board relating to licensing including fingerprinting, criminal history

information and background investigations, of entities applying for a

gaming facility license. At the request of the board, the division of

criminal justice services shall submit a fingerprint card, along with

the subject's processing fee, to the federal bureau of investigation for

the purpose of conducting a criminal history search and returning a

report thereon. The board shall also be entitled to request and receive,

pursuant to a written memorandum of understanding filed with the

department of state, any information in the possession of the state

attorney general relating to the investigation of organized crime,

gaming offenses, other revenue crimes or tax evasion. Provided however,

the attorney general may withhold any information that (a) would

identify a confidential source or disclose confidential information

relating to a criminal investigation, (b) would interfere with law

enforcement investigations or judicial proceedings, (c) reveal criminal

investigative techniques or procedures, that, if disclosed, could

endanger the life or safety of any person, or (d) constitutes records

received from other state, local or federal agencies that the attorney

general is prohibited by law, regulation or agreement from disclosing.