Laws of New York (Last Updated: November 21, 2014) |
PML Racing, Pari-Mutuel Wagering and Breeding Law |
Article 5-A. OFF-TRACK PARI-MUTUEL BETTING |
Section 522. Suspension of approval
Latest version.
-
1. The board 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 fail 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 board 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 board shall determine to suspend approval of any plan of operation it shall give the regional corporation involved notice of the time and place for a hearing before the board, at which the board will hear such regional corporation in reference thereto. The board 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 board may be represented by its own counsel or by the attorney general. In the conduct of such hearing the board shall not be bound by technical rules of evidence, but all evidence offered before the board shall be reduced to writing, and such evidence together with the exhibits, if any, and the findings of the board shall be permanently preserved and shall constitute the record of the board in such case. Within thirty days after such hearing, the board shall make a final determination. Such hearing may be presided over by the chairperson of the board or by any member or an officer of the board designated by the chairperson 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 two members of the board, shall become the findings of the board. If it determines that such approval be suspended, it 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 board 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 board 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 board following the hearing; provided, however, that no suspension of approval pursuant to this subdivision shall be for a period longer than twenty days.