N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 522: Suspension of approval

§ 522. Suspension of approval. 1. The commission may suspend its

approval of any plan of operation if the regional corporation whose plan

of operation has been approved or its officers or directors fails to

conduct off-track pari-mutuel betting on horse races in accordance with

the provisions of the plan of operation, with the applicable rules of

the commission or with the provisions of this article, article five and

article six of this chapter, as the case may be; or if such corporation

or its officers or directors shall knowingly permit on any of its

premises lotteries, pool-selling or bookmaking or any other kind of

gambling, in violation of this chapter or of the penal law. Suspension

shall continue for the period necessary to remedy the situation or

condition requiring such suspension.

2. If the commission suspends approval of any plan of operation the

commission shall give the regional corporation involved notice of the

time and place for a hearing before the commission, at which the

commission shall hear such regional corporation in reference thereto.

The commission may continue such hearing from time to time for the

convenience of all parties. Any of the parties affected by such hearing

may be represented by counsel, and the commission may be represented by

its own counsel or by the attorney general. In the conduct of such

hearing the commission shall not be bound by technical rules of

evidence, but all evidence offered before the commission shall be

reduced to writing, and such evidence together with the exhibits, if

any, and the findings of the commission shall be permanently preserved

and shall constitute the record of the commission in such case. Within

thirty days after such hearing, the commission shall make a final

determination. Such hearing may be presided over by the chair of the

commission or by any member or an officer of the commission designated

by the chair in writing to act as hearing officer and such person or

persons may issue subpoenas for witnesses and administer oaths to

witnesses. The hearing officer, at the conclusion of the hearing, shall

make findings, which, if concurred in by a majority of a quorum of the

commission, shall become the findings of the commission. If the

commission determines that such approval is suspended, the commission

shall make an order accordingly and shall cause such order to be entered

on its minutes and a copy thereof served on such regional corporation.

The action of the commission in suspending such approval shall be

reviewable in the supreme court in the manner provided by the provisions

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

3. The commission may suspend approval of any plan of operation for a

reason set forth in subdivision one of this section as of the delivery

to the regional corporation of the notice of hearing required by

subdivision two of this section pending final determination of the

commission following the hearing; provided, however, that no suspension

of approval pursuant to this subdivision shall be for a period longer

than twenty days.

4. The commission, in addition to its power to suspend or revoke plans

of operation approved or licenses granted by it, is hereby authorized

and empowered to impose monetary fines upon any corporation, association

or person participating in any way in off-track betting on which

pari-mutuel betting is conducted, other than as a patron, and whether

licensed by the commission or not, for violation of any provisions of

this chapter, or the rules promulgated by the commission pursuant

thereto, or an approved plan of operation, not exceeding fifty thousand

dollars for each violation. The commission is further authorized and

empowered to impose monetary fines, not exceeding fifty thousand dollars

for each violation, upon any such corporation, association or person for

a violation of any order issued by the commission pursuant to the

provisions of this chapter or the rules promulgated by the commission

pursuant thereto, provided that a copy of such order shall have been

served either personally or by certified mail, upon the corporation,

association or person to whom the same was directed, prior to the

occurrence of the violation for which such fine is imposed. The

commission shall impose such monetary fines, subject to the notice and

hearing provisions of the state administrative procedure act. Such fines

shall be paid into the state treasury. The action of the commission in

imposing any monetary fine shall be reviewable in the supreme court in

the manner provided by and subject to the provisions of article

seventy-eight of the civil practice law and rules.