Bill Text: NY A01591 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to commission hearings of racetrack ejectments and denials of access of commission licensees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to racing and wagering [A01591 Detail]
Download: New_York-2021-A01591-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1591 2021-2022 Regular Sessions IN ASSEMBLY January 11, 2021 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Racing and Wagering AN ACT to amend the racing, pari-mutuel wagering and breeding law, in relation to commission hearings of racetrack ejectments and denials of access of commission licensees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 321 of the racing, pari-mutuel wagering and breed- 2 ing law, as amended by chapter 243 of the laws of 2020, is amended to 3 read as follows: 4 § 321. Hearing of refusal or revocation of license or ejectment or 5 denial of access of licensee in good standing. If the gaming commission 6 refuses to grant a license applied for under sections two hundred twen- 7 ty-two through seven hundred five of this chapter, or revokes or 8 suspends such a license granted by it, or imposes a monetary fine upon a 9 participant in harness racing, or any corporation or association created 10 under or subject to the provisions of this chapter licensed to conduct 11 pari-mutuel harness meets shall eject or deny access to a licensee from 12 the grounds of and/or participation in a pari-mutuel harness meet, the 13 applicant or licensee or party fined may demand, within ten days after 14 notice of such act of the commission, corporation or association, a 15 hearing before the commission and the commission shall give prompt 16 notice of a time and place for such hearing at which the commission will 17 hear such applicant or licensee or party fined in reference thereto. 18 Pending such hearing and final determination, the action of the commis- 19 sion in refusing to grant or in revoking or suspending a license or in 20 imposing a monetary fine shall remain in full force and effect, but a 21 licensee ejected or denied access shall be permitted access to the 22 grounds of and/or participation in a pari-mutuel harness meet pending 23 final determination by the commission on his or her appeal for a 24 hearing. The commission may continue such hearing from time to time for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06736-01-1A. 1591 2 1 the convenience of any of the parties. Any of the parties affected by 2 such hearing may be represented by counsel, and the commission may be 3 represented by the attorney general, a deputy attorney general or its 4 counsel. In the conduct of such hearing the commission shall not be 5 bound by technical rules of evidence, but all evidence offered before 6 the commission shall be reduced to writing, and such evidence together 7 with the exhibits, if any, and the findings of the commission, shall be 8 permanently preserved and shall constitute the record of the commission 9 in such case. In connection with such hearing, each member of the 10 commission shall have the power to administer oaths and examine 11 witnesses, and may issue subpoenas to compel attendance of witnesses, 12 and the production of all material and relevant reports, books, papers, 13 documents, correspondence and other evidence. The commission may, if 14 occasion shall require, by order, refer to one or more of its members or 15 officers, the duty of taking testimony in such matter, and to report 16 thereon to the commission, but no determination shall be made therein 17 except by the commission. Within thirty days after the conclusion of 18 such hearing, the commission shall make a final order in writing, 19 setting forth the reasons for the action taken by it and a copy thereof 20 shall be served on such applicant or licensee or party fined, as the 21 case may be. In the case of an ejectment or denial of access of a licen- 22 see, the respective corporation or association shall have the burden of 23 proof to establish that the presence and participation of the licensee 24 is detrimental to the best interests of racing or to the orderly conduct 25 of a race meet. The action of the commission in refusing to grant a 26 license or in revoking or suspending a license or in imposing a monetary 27 fine, or affirming, modifying or reversing the ejectment or denial of 28 access of a licensee, shall be reviewable in the supreme court in the 29 manner provided by the provisions of article seventy-eight of the civil 30 practice law and rules. 31 § 2. This act shall take effect immediately.
