Bill Text: NY A06246 | 2015-2016 | 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: (Engrossed - Dead) 2016-01-20 - committed to racing and wagering [A06246 Detail]
Download: New_York-2015-A06246-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6246 2015-2016 Regular Sessions I N A S S E M B L Y March 18, 2015 ___________ 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 is amended to read as follows: 3 S 321. Hearing of refusal or revocation of license OR EJECTMENT OR 4 DENIAL OF ACCESS OF LICENSEE IN GOOD STANDING. If the state [racing and 5 wagering board] GAMING COMMISSION shall refuse to grant a license 6 applied for under sections two hundred twenty-two through seven hundred 7 five of this chapter, or shall revoke or suspend such a license granted 8 by it, or shall impose a monetary fine upon a participant in harness 9 racing, OR ANY CORPORATION OR ASSOCIATION CREATED UNDER OR SUBJECT TO 10 THE PROVISIONS OF THIS CHAPTER LICENSED TO CONDUCT PARI-MUTUEL HARNESS 11 MEETS SHALL EJECT OR DENY ACCESS TO A LICENSEE FROM THE GROUNDS OF 12 AND/OR PARTICIPATION IN A PARI-MUTUEL HARNESS MEET, the applicant or 13 licensee or party fined may demand, within ten days after notice of the 14 said act of the [board] COMMISSION, CORPORATION OR ASSOCIATION, a hear- 15 ing before the [board] COMMISSION and the [board] COMMISSION shall give 16 prompt notice of a time and place for such hearing at which the [board] 17 COMMISSION will hear such applicant or licensee or party fined in refer- 18 ence thereto. Pending such hearing and final determination thereon, the 19 action of the [board] COMMISSION in refusing to grant or in revoking or 20 suspending a license or in imposing a monetary fine shall remain in full 21 force and effect, BUT A LICENSEE EJECTED OR DENIED ACCESS SHALL BE 22 PERMITTED ACCESS TO THE GROUNDS OF AND/OR PARTICIPATION IN A PARI-MUTUEL 23 HARNESS MEET PENDING FINAL DETERMINATION BY THE COMMISSION ON HIS OR HER 24 APPEAL FOR A HEARING. The [board] COMMISSION may continue such hearing EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09930-01-5 A. 6246 2 1 from time to time for the convenience of any of the parties. Any of the 2 parties affected by such hearing may be represented by counsel, and the 3 [board] COMMISSION may be represented by the attorney general, a deputy 4 attorney general or its counsel. In the conduct of such hearing the 5 [board] COMMISSION shall not be bound by technical rules of evidence, 6 but all evidence offered before the [board] COMMISSION shall be reduced 7 to writing, and such evidence together with the exhibits, if any, and 8 the findings of the [board] COMMISSION, shall be permanently preserved 9 and shall constitute the record of the [board] COMMISSION in such case. 10 In connection with such hearing, each member of the [board] COMMISSION 11 shall have the power to administer oaths and examine witnesses, and may 12 issue subpoenas to compel attendance of witnesses, and the production of 13 all material and relevant reports, books, papers, documents, correspond- 14 ence and other evidence. The [board] COMMISSION may, if occasion shall 15 require, by order, refer to one or more of its members or officers, the 16 duty of taking testimony in such matter, and to report thereon to the 17 [board] COMMISSION, but no determination shall be made therein except by 18 the [board] COMMISSION. Within thirty days after the conclusion of such 19 hearing, the [board] COMMISSION shall make a final order in writing, 20 setting forth the reasons for the action taken by it and a copy thereof 21 shall be served on such applicant or licensee or party fined, as the 22 case may be. IN THE CASE OF AN EJECTMENT OR DENIAL OF ACCESS OF A 23 LICENSEE, THE RESPECTIVE CORPORATION OR ASSOCIATION SHALL HAVE THE 24 BURDEN OF PROOF TO ESTABLISH THAT THE PRESENCE AND PARTICIPATION OF THE 25 LICENSEE IS DETRIMENTAL TO THE BEST INTERESTS OF RACING OR TO THE ORDER- 26 LY CONDUCT OF A RACE MEET. The action of the [board] COMMISSION in 27 refusing to grant a license or in revoking or suspending a license or in 28 imposing a monetary fine, OR AFFIRMING, MODIFYING OR REVERSING THE 29 EJECTMENT OR DENIAL OF ACCESS OF A LICENSEE, shall be reviewable in the 30 supreme court in the manner provided by the provisions of article seven- 31 ty-eight of the civil practice law and rules. 32 S 2. This act shall take effect immediately.