2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 5-A - Off-Track Pari-Mutuel Betting › 522 - Suspension of Approval.

§  522.  Suspension  of  approval.  1.  The commission 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  fails  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  commission 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  commission suspends approval of any plan of operation the
  commission shall give the regional corporation involved  notice  of  the
  time  and  place  for  a  hearing  before  the  commission, at which the
  commission shall hear such regional corporation  in  reference  thereto.
  The  commission  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 commission may be represented by
  its own counsel or by the attorney  general.  In  the  conduct  of  such
  hearing  the  commission  shall  not  be  bound  by  technical  rules of
  evidence, but all  evidence  offered  before  the  commission  shall  be
  reduced  to  writing,  and  such evidence together with the exhibits, if
  any, and the findings of the commission shall be  permanently  preserved
  and  shall  constitute the record of the commission in such case. Within
  thirty days after such  hearing,  the  commission  shall  make  a  final
  determination.  Such  hearing  may  be presided over by the chair of the
  commission or by any member or an officer of the  commission  designated
  by  the  chair  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 a majority of a quorum  of  the
  commission,  shall  become  the  findings  of  the  commission.  If  the
  commission determines that such approval is  suspended,  the  commission
  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  commission  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 commission 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
  commission  following the hearing; provided, however, that no suspension
  of approval pursuant to this subdivision shall be for  a  period  longer
  than twenty days.
4. The commission, in addition to its power to suspend or revoke plans
  of  operation  approved  or licenses granted by it, 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 commission or not, for violation of  any  provisions  of
  this  chapter,  or  the  rules  promulgated  by  the commission pursuant
  thereto, or an approved plan of operation, not exceeding fifty  thousand
  dollars  for  each  violation.  The commission 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  commission  pursuant  to  the

  provisions  of  this  chapter or the rules promulgated by the commission
  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
  commission  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  commission  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.