N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1322: General provisions

§ 1322. General provisions. 1. It shall be the affirmative

responsibility of each applicant or licensee to establish by clear and

convincing evidence its individual qualifications, and for a gaming

facility license the qualifications of each person who is required to be

qualified under this article.

2. Any applicant, licensee, registrant, or any other person who must

be qualified pursuant to this article shall provide all legally required

information and satisfy all lawful requests for information pertaining

to qualification and in the form specified by regulation. All

applicants, registrants, and licensees shall waive liability as to the

state, and its instrumentalities and agents, for any damages resulting

from any disclosure or publication in any manner, other than a willfully

unlawful disclosure or publication, of any material or information

acquired during inquiries, investigations or hearings.

3. All applicants, licensees, registrants, intermediary companies, and

holding companies shall consent to inspections, searches and seizures

while at a gaming facility and the supplying of handwriting exemplars as

authorized by this article and regulations promulgated hereunder.

4. All applicants, licensees, registrants, and any other person who

shall be qualified pursuant to this article shall have the continuing

duty to provide any assistance or information required by the

commission, and to cooperate in any inquiry, investigation or hearing

conducted by the commission. If, upon issuance of a formal request to

answer or produce information, evidence or testimony, any applicant,

licensee, registrant, or any other person who shall be qualified

pursuant to this article refuses to comply, the application, license,

registration or qualification of such person may be denied or revoked.

5. Each applicant or person who must be qualified under this article

shall be photographed and fingerprinted for identification and

investigation purposes in accordance with procedures set forth by

regulation.

6. All licensees, all registrants, and all other persons required to

be qualified under this article shall have a duty to inform the

commission of any action which they believe would constitute a violation

of this article. No person who so informs the commission shall be

discriminated against by an applicant, licensee or registrant because of

the supplying of such information.