NY Rac, Pari-Mut Wag & Breeding L § 104 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 1 - Supervision and Regulation 104 - Powers and Duties of the Commission.

§  104. Powers and duties of the commission. The commission shall have the authority and responsibility:   1. To have general jurisdiction over all gaming activities within  the state  and  over  the  corporations,  associations  and  persons engaged therein.   2. To hear and decide promptly and in reasonable  order  all  license, registration,  certificate and permit applications, and causes affecting the  granting,   suspension,   revocation   or   renewal   thereof,   of corporations,  associations  or  persons engaged or seeking to engage in gaming activity.   3. To test or cause to have tested and approve  surveillance  systems, games of chance, gaming devices and lottery games.   4. To monitor any corporation, association or person engaged in gaming activity for compliance with this chapter.   5. To, at any time, examine the books, papers, records and accounts of any  corporation,  association  or  person  engaged  in  gaming activity pursuant to a license, registration, franchise,  certificate  or  permit issued by the commission.   6.  To conduct investigations and hearings pertaining to violations of this chapter. Each member of the commission and such officers, employees or agents of the commission as may be designated by the  commission  for such  purpose  shall  have  the  power  to  administer oaths and examine witnesses.   7. Each member of the commission,  and  such  officers,  employees  or agents of the commission as may be designated by the commission for such purpose, shall have the power to administer oaths and examine witnesses, and  may  issue  subpoenas  to  compel  attendance of witnesses, and the production  of  all  relevant  and  material  reports,  books,   papers, documents, correspondence and other evidence.   8.  To collect all license and registration fees imposed by state law, or rules or regulations promulgated thereunder, and any payments from an Indian nation or tribe under the terms of a tribal-state compact that is in effect pursuant to the  federal  Indian  gaming  regulatory  act,  25 U.S.C. § 2701, et seq.   9.  To levy and collect civil penalties and fines for any violation of this chapter.   10. To  be  present  through  its  employees  and  agents  during  the operation   of  any  race  track,  gaming  facility,  charitable  gaming organization, simulcasting facility or video lottery gaming facility for the purpose of certifying the revenue thereof, receiving complaints from the public relating to the conduct  of  gaming  and  simulcast  wagering activities, examining records of revenues and procedures, and conducting periodic reviews of operations and facilities for purposes of evaluating any current or suggested provision of law, rule or regulation.   11. To ensure compliance with tribal-state gaming compacts that are in effect pursuant to the federal Indian gaming regulatory act, 25 U.S.C. § 2701, et seq.   12. To refer to a law enforcement agency of competent jurisdiction any evidence of a violation of law.   13.  To  cause  background  investigations  to  be  conducted  on  any applicant for a license, registration, certificate, permit or approval.   14. To access the criminal history records of the division of criminal justice services, pursuant  to  subdivision  eight-a  of  section  eight hundred  thirty-seven of the executive law, in connection with executing the responsibilities of  the  commission  relating  to  the  regulation, oversight,    licensing,    permitting   or   certification,   including fingerprinting,  criminal   history   record   checks   and   background investigations,  of  persons applying to engage in gaming activities. At  the request of the commission, the division of criminal justice services shall submit a fingerprint card, along  with  the  subject's  processing fee,  to  the  federal  bureau  of  investigation  for  the  purpose  of conducting a criminal history search and returning a report thereon. The commission  shall also be entitled to request and receive, pursuant to a written memorandum of understanding filed with the department of  state, any information in the possession of the state attorney general relating to  the investigation of organized crime, gaming offenses, other revenue crimes or tax  evasion.  Provided  however,  the  attorney  general  may withhold  any  information that (a) would identify a confidential source or  disclose   confidential   information   relating   to   a   criminal investigation,  (b)  would interfere with law enforcement investigations or judicial proceedings, (c) reveal criminal investigative techniques or procedures, that, if disclosed, could endanger the life or safety of any person, or (d) constitutes records received from other state,  local  or federal  agencies  that  the  attorney  general  is  prohibited  by law, regulation or agreement from disclosing.   15. (a) The commission shall have the power to appoint such  deputies, secretary,  officers,  representatives and counsel as the commission may deem necessary, who shall be designated to be in  the  exempt  class  of civil service. Any newly hired employees who are not designated to be in the  exempt  class of civil service pursuant to this subdivision and who are not subject to the transfer provisions  set  forth  in  section  one hundred  eighteen  of  this  article shall be considered for purposes of article fourteen of the civil service law to be public employees in  the civil  service  of  the  state, and shall be assigned to the appropriate collective bargaining unit. Employees  serving  in  positions  in  newly created  titles shall be assigned to the same collective bargaining unit as they would have been assigned to were such titles  created  prior  to the establishment of the commission.  (b)  It shall be the duty of the secretary to keep a full and faithful record of the proceedings of the commission,  preserve  at  the  general office of the commission all books, maps, documents and papers entrusted to  his  or her care, prepare for service such papers and notices as may be required by the commission, and perform  such  other  duties  as  the commission may prescribe.   16. To operate, or immediately appoint or contract with an independent third  party  to  operate,  any video lottery gaming facility subject to licensure by the commission on an interim basis in the  event  that  the licensed  operator or operators of such facility discontinues operations due to financial, regulatory or any other circumstances, including,  but not  limited  to,  license revocation, relinquishment or expiration, and the commission determines, after notice and an opportunity for  hearing, that  it  would further the public interest to continue such operations. Such operation shall be on a temporary basis, not to exceed one  hundred eighty  days,  until  such  time as a permanent operator is licensed and authorized to operate such facility.   17. To retain  and  employ  private  consultants  and  agencies  on  a contract  basis  for  rendering technical or other assistance and advice for the performance of its duties.   18. To annually report to the governor, the speaker  of  the  assembly and  the  temporary  president  of  the  senate, its proceedings for the preceding calendar year and any suggestions and  recommendations  as  it shall deem desirable.   19. To promulgate any rules and regulations that it deems necessary to carry out its responsibilities.   20.  The  commission  shall  serve  as a host racing commission and an off-track betting commission for purposes of 15 U.S.C. 3001, et seq.    * 21. Prior to transporting into this state any gambling  devices  for the  purpose  of exhibition or marketing, an officer of the manufacturer or distributor of the  gambling  devices  shall  file  with  the  gaming commission  a  statement  affirmed  under  penalty  of perjury that such gambling  devices  are  being  transported  into  this state in a sealed container  and  possessed  solely  for  the  purpose  of  exhibition  or marketing.  Such statement shall specify the number of devices, types of devices, the dates upon which such devices are to be so transported  and possessed within the state, which period shall not exceed two weeks, and the  identity of the person or persons who will have custody and control of the devices while in this state. Such statement shall further specify that the gambling devices will thereafter be  transported  in  a  sealed container  to a jurisdiction outside of this state for purposes that are lawful in such outside jurisdiction. The commission  may  determine  the form,  content  and  manner  of  filing  of  such statement and shall be authorized to promulgate any rules and regulations  necessary  to  carry out the purposes of this subdivision.   * NB There are 2 sb 21's   * 21.   The  commission  shall  promptly  make  available  for  public inspection and copying via electronic  connection  to  the  commission's website  a  copy of any report received from the New York state board of elections pursuant to article fourteen of the election law.   * NB There are 2 sb 21's   22. The commission shall  annually  conduct  an  evaluation  of  video lottery  gaming  to  consider  the various competitive factors impacting such industry and shall consider  administrative  changes  that  may  be necessary  to  ensure  a  competitive  industry and preserve its primary function of raising revenue for public education.   23. To register and regulate interactive fantasy sports  in  New  York state.   24. To regulate sports wagering in New York state.