522. Suspension of approval. 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.
4. In addition to its power to suspend or revoke plans of operation approved or licenses granted by it, the board 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 board or not, for violation of any provisions of this chapter, or the rules promulgated by the board pursuant thereto, or an approved plan of operation, not exceeding fifty thousand dollars for each violation. The board 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 board pursuant to the provisions of this chapter or the rules promulgated by the board 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 board 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 board 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.
Last modified: February 3, 2019