N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1342: Required exclusion of certain persons

§ 1342. Required exclusion of certain persons. 1. The commission

shall, by regulation, provide for the establishment of a list of persons

who are to be excluded or ejected from any licensed gaming facility.

Such provisions shall define the standards for exclusion, and shall

include standards relating to persons:

(a) Who are career or professional offenders as defined by regulations

promulgated hereunder; or

(b) Who have been convicted of a criminal offense under the laws of

any state or of the United States, which is punishable by more than

twelve months in prison, or any crime or offense involving moral

turpitude.

The commission shall promulgate definitions establishing those

categories of persons who shall be excluded pursuant to this section,

including cheats and persons whose privileges for licensure or

registration have been revoked.

2. Any enumerated class listed in subdivision one of section two

hundred ninety-six of the human rights law shall not be a reason for

placing the name of any person upon such list.

3. The commission may impose sanctions upon a licensed gaming facility

or individual licensee or registrant in accordance with the provisions

of this article if such gaming facility or individual licensee or

registrant knowingly fails to exclude or eject from the premises of any

licensed gaming facility any person placed by the commission on the list

of persons to be excluded or ejected.

4. Any list compiled by the commission of persons to be excluded or

ejected shall not be deemed an all-inclusive list, and licensed gaming

facilities shall have a duty to keep from their premises persons known

to them to be within the classifications declared in subdivisions one

and two of this section and the regulations promulgated thereunder, or

known to them to be persons whose presence in a licensed gaming facility

would be inimical to the interest of the state or of licensed gaming

therein, or both, as defined in standards established by the commission.

5. Prior to placing the name of any person on a list pursuant to this

section, the commission shall serve notice of such fact and of the

opportunity for a hearing to such person by personal service or by

certified mail at the last known address of such person.

6. Within thirty days after service of the petition in accordance with

subdivision five of this section, the person named for exclusion or

ejection may demand a hearing before the executive director or the

executive director's designee, at which hearing the executive director

or the executive director's designee shall have the affirmative

obligation to demonstrate by substantial evidence that the person named

for exclusion or ejection satisfies the criteria for exclusion

established by this section and the applicable regulations. Failure to

demand such a hearing within thirty days after service shall preclude a

person from having an administrative hearing, but shall in no way affect

his or her right to judicial review as provided herein.

7. The commission may make a preliminary placement on the list of a

person named in a petition for exclusion or ejection pending completion

of a hearing on the petition. The hearing on the application for

preliminary placement shall be a limited proceeding at which the

commission shall have the affirmative obligation to demonstrate by

substantial evidence that the person satisfies the criteria for

exclusion established by this section and the applicable regulations. If

a person has been placed on the list as a result of an application for

preliminary placement, unless otherwise agreed by the executive director

and the named person, a hearing on the petition for exclusion or

ejection shall be initiated within thirty days after the receipt of a

demand for such hearing or the date of preliminary placement on the

list, whichever is later.

8. If, upon completion of the hearing on the petition for exclusion or

ejection, the executive director determines that the person named

therein does not satisfy the criteria for exclusion established by this

section and the applicable regulations, the executive director shall

issue an order denying the petition. If the person named in the petition

for exclusion or ejection had been placed on the list as a result of an

application for preliminary placement, the executive director shall

notify all gaming facility licensees of the person's removal from the

list.

9. If, upon completion of a hearing on the petition for exclusion or

ejection, the executive director determines that placement of the name

of the person on the exclusion list is appropriate, the executive

director shall make and enter an order to that effect, which order shall

be served on all gaming facility licensees. Such order shall be subject

to review by the commission in accordance with regulations promulgated

thereunder, which final decision shall be subject to review pursuant to

article seventy-eight of the civil practice law and rules.