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.