N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1403: Scope of registration review

§ 1403. Scope of registration review. 1. The commission shall

prescribe the initial form of the application for registration which

shall require, but not be limited to:

(a) the full name and principal address of the operator;

(b) if a corporation, the name of the state in which incorporated and

the full names and addresses of any partner, officer, director,

shareholder holding ten percent or more equity, and ultimate equitable

owners;

(c) if a business entity other than a corporation, the full names and

addresses of the principals, partners, shareholders holding five percent

or more equity, and ultimate equitable owners;

(d) whether such corporation or entity files information and reports

with the United States Securities and Exchange Commission as required by

section thirteen of the Securities Exchange Act of 1934, 15 U.S.C. §§

78a-78kk; or whether the securities of the corporation or entity are

regularly traded on an established securities market in the United

States;

(e) the type and estimated number of contests to be conducted

annually;

(f) a statement of the assets and liabilities of the operator.

2. The commission may require the full names and addresses of the

officers and directors of any creditor of the operator, and of those

stockholders who hold more than ten percent of the stock of the

creditor.

3. Upon receipt of an application for registration for each individual

listed on such application as an officer or director, the commission

shall submit to the division of criminal justice services a set of

fingerprints, and the division of criminal justice services processing

fee imposed pursuant to subdivision eight-a of section eight hundred

thirty-seven of the executive law and any fee imposed by the federal

bureau of investigation. Upon receipt of the fingerprints, the division

of criminal justice services shall promptly forward a set of the

individual's fingerprints to the federal bureau of investigation for the

purpose of a nationwide criminal history record check to determine

whether such individual has been convicted of a criminal offense in any

state other than New York or in a federal jurisdiction. The division of

criminal justice services shall promptly provide the requested criminal

history information to the commission. For the purposes of this section,

the term "criminal history information" shall mean a record of all

convictions of crimes and any pending criminal charges maintained on an

individual by the division of criminal justice services and the federal

bureau of investigation. All such criminal history information sent to

the commission pursuant to this subdivision shall be confidential and

shall not be published or in any way disclosed to persons other than the

commission, unless otherwise authorized by law.

4. Upon receipt of criminal history information pursuant to

subdivision three of this section, the commission shall make a

determination to approve or deny an application for registration;

provided, however, that before making a determination on such

application, the commission shall provide the subject of the record with

a copy of such criminal history information and a copy of article

twenty-three-A of the correction law and inform such prospective

applicant seeking to be credentialed of his or her right to seek

correction of any incorrect information contained in such criminal

history information pursuant to the regulations and procedures

established by the division of criminal justice services. The commission

shall deny any application for registration, or suspend, refuse to

renew, or revoke any existing registration issued pursuant to this

article, upon the finding that the operator or registrant, or any

partner, officer, director, or shareholder:

(a) has knowingly made a false statement of material fact or has

deliberately failed to disclose any information required by the

commission;

(b) has had a registration or license to offer or conduct contests

denied, suspended, or revoked in any other state or country for just

cause;

(c) has legally defaulted in the payment of any obligation or debt due

to any state or political subdivision; or

(d) has at any time knowingly failed to comply with any requirement

outlined in section fourteen hundred four of this article, any other

provision of this article, any regulations promulgated by the commission

or any additional requirements of the commission.

5. All determinations to approve or deny an application pursuant to

this article shall be performed in a manner consistent with subdivision

sixteen of section two hundred ninety-six of the executive law and

article twenty-three-A of the correction law. When the commission denies

an application, the operator shall be afforded notice and the right to

be heard and offer proof in opposition to such determination in

accordance with the regulations of the commission.