New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 3 - NEW YORK-BRED THOROUGHBREDS › Part 4081 - New York-bred Eligibility › Section 4081.7 - Disqualification for cruelty, abuse or neglect of horses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any individual or any entity that is
						charged with the commission of a crime, offense or other violation of the law
						involving cruelty to, abuse or neglect of, any horses within the State of New
						York or elsewhere within the United States, shall be required to report such
						charge to the fund within 10 days thereof. Upon notice of the charge, the
						individual or entity may be suspended from receiving breeder's awards, stallion
						awards and owners awards pending final disposition of said charge. The
						suspension of such individual or entity shall attach upon adoption of a
						resolution of the commission. In the event of such suspension, the Fund Board
						shall provide written notification to the individual or entity who may request
						an opportunity to be heard. Such individual or entity shall not receive any
						breeders awards, stallion awards and owner awards, pending the final
						disposition of the charge. Said monies shall be placed in an interest bearing
						account pending final disposition of the charge.
(b) In the event an individual or entity that
						is charged with a crime, offense or other violation of law described in
						subdivision (a) of this section is convicted, the commission shall be
						authorized to impose an appropriate remedy, including, but not limited to,
						declaring a forfeiture of awards and continuing the suspension or permanently
						barring such individual or entity from participating in the fund in any manner
						or from otherwise deriving any benefits or awards from the fund. In the event
						that the final disposition of a charge results in a forfeiture of awards, then
						any award monies that are so forfeited shall be distributed on a pro rata basis
						within each relevant awards category to all other participants of the fund in
						the year in which the final disposition occurred unless impracticable, in which
						event such monies shall be distributed in the following year.
(c) In the event an individual or entity that
						is charged with a crime, offense or other violation of law described in
						subdivision (a) of this section is acquitted or otherwise found to be not
						guilty of such a crime, offense or other violation of law, then such individual
						or entity, including any and all principals of such entity, shall have their
						suspension rescinded retroactively. In the event that the charge is finally
						disposed and results in the individual or entity being acquitted or otherwise
						found not to be guilty of such crime, offense or violation of law, then the
						awards plus interest that had been withheld from such individual or entity
						shall be paid retroactively to the date of suspension.