reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5605 - Accounting Controls › Section 5605.8 - Contestant withdrawals

Current through Register Vol. 46, No. 28, July 10, 2024
Each interactive fantasy sports registrant shall
						establish a protocol by which contestants can withdraw funds maintained in
						their accounts, whether such accounts are open or closed. Such requests for
						withdrawals must be honored by the later of five business days of the request
						or 10 business days of submission of any tax reporting paperwork required by
						law, unless the registrant believes in good faith that the contestants engaged
						in either fraudulent conduct or other conduct that would put the registrant in
						violation of this Chapter, in which case the registrant may decline to honor
						the request for withdrawal for a reasonable investigatory period until such
						investigation is resolved if such registrant provides notice of the nature of
						the investigation to the contestant. For the purposes of this paragraph, a
						request for withdrawal will be considered honored if such request is processed
						by the registrant but delayed by a payment processor, credit card issuer or by
						the custodian of a financial account.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5605 - Accounting Controls › Section 5605.9 - Unclaimed funds

Current through Register Vol. 46, No. 28, July 10, 2024
A registrant shall remit all unclaimed funds in dormant
						accounts of customers domiciled in New York in accordance with Abandoned
						Property Law section 1315.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5605 - Accounting Controls › Section 5605.10 - Anti-money laundering

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Minimum requirements.
For purposes of this section, a
					 registrant shall, at a minimum:
(1) establish
					 a system of internal policies, procedures and controls to assess
					 anti-money-laundering-related risks present within its business, considering,
					 among other things, play volume and character, range of financial services
					 offered, characteristics of certain games, contestant behaviors and contestant
					 characteristics;
(2) designate an
					 anti-money laundering compliance officer and file the name of such officer with
					 the commission;
(3) conduct an
					 internal and/or external independent audit to test for compliance and provide
					 copies to the commission;
(4) train
					 appropriate employees in reportable currency transactions and identifying
					 unusual or suspicious transactions;
(5) assign an individual or group of
					 individuals to be responsible for day-to-day compliance; and
(6) employ the use of automated programs to
					 aid in assuring compliance when automated processing systems are in
					 use.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5606 - Internal Controls › Section 5606.1 - Submission of internal controls

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements set forth in Part 5601 of
						this Chapter, a registration applicant shall submit to the commission for
						approval a written description of its initial system of internal controls that
						meets the requirements set forth in this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5606 - Internal Controls › Section 5606.2 - Data security

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Cybersecurity program requirements.
Each registrant shall
					 establish a cybersecurity program designed to ensure the confidentiality,
					 integrity and availability of information systems that performs five core
					 cybersecurity functions:
(1) identification
					 of cyber risks;
(2) implementation
					 of policies and procedures to protect unauthorized access or use or other
					 malicious acts;
(3) detection of
					 cybersecurity events;
(4)
					 responsiveness to identified cybersecurity events to mitigate any negative
					 events; and
(5) recovery from
					 cybersecurity events and restoration of normal operations and
					 services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5606 - Internal Controls › Section 5606.3 - Retention requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Information required.
Each registrant shall retain the following information for five years, with the
					 platform clock used for time stamping. The information required under this
					 section shall be made available, in report format, within two business days of
					 such request by the commission:
(1) For each
					 contestant account, the information to be maintained, backed up and made
					 available upon commission request shall include, without limitation, the
					 following:
(i) unique contestant
					 identification number not associated with the contestant's personal identifying
					 information;
(ii) contestant
					 identity details including verification method;
(iii) contestant agreement to the terms and
					 conditions and privacy policy;
(iv)
					 account history and current balance. Such account history shall include all
					 credits and debits to an account for a period of no less than six months, or
					 from the time the account was opened, if account has been opened for fewer than
					 six months;
(v) contestant
					 experience category for each sport, where applicable;
(vi) any self-imposed restrictions and
					 exclusion status;
(vii) previous
					 accounts, if any, and reason for de-activation; and
(viii) date of registration and physical
					 address associated with the account.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5607 - Advertising and Marketing › Section 5607.1 - Advertisements generally

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Requirements.
Advertisements and promotions used by a
					 registrant shall comply with Racing, Pari-Mutuel Wagering and Breeding Law
					 section 1404(3) and contain a compulsive play assistance message as set forth
					 in section 5604.2 of this Chapter.
(b)
Print.
For signs,
					 direct-mail marketing materials, posters and other print advertisements, the
					 height of the font used for the compulsive play assistance message shall be the
					 greater of:
(1) the same size as the majority
					 of the text used in the sign, direct mail marketing material, poster or other
					 print advertisement; and
(2) two
					 percent of the height or width, whichever is greater, of the sign, direct mail
					 marketing material, poster or other print advertisement.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5607 - Advertising and Marketing › Section 5607.2 - Advertisement restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Prohibitions.
A registrant shall not display advertisements or
					 promotions that:
(1) contain content that
					 contradicts contest rules or terms and conditions of the site;
(2) depict a person under the age of 18,
					 students, schools or colleges, or school or college settings, except where such
					 images may incidentally depict a minor;
(3) state or imply an endorsement by a person
					 under the age of 18, college athletes or college athletics or associations;
					 or
(4) represent that a contestant
					 is a winner or has been selected, or is otherwise being involved in a select
					 group for receipt of a prize or that a contestant is entering a contest from
					 which a winner or select group of winners will receive a prize or opportunity,
					 when, in fact, the contest is simply a promotional scheme designed to make
					 contact with prospective contestants or a substantial number of those entering
					 to receive the same prize.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5607 - Advertising and Marketing › Section 5607.3 - Marketing, promotion and advertising disclosures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Marketing, promoting and
					 advertising.
In connection with the marketing, promoting, advertising
					 or offering of any promotion or displaying or offering of such on a
					 registrant's platform or platforms, or on any platform or platforms over which
					 a registrant exercises actual or constructive control, such registrant shall:
(1) clearly and conspicuously disclose
					 material facts, terms and conditions of the promotion to potential
					 contestants;
(2) clearly and
					 conspicuously disclose to consumers material limitations to the promotion;
					 and
(3) obtain express informed
					 consent from any consumer who must deposit money to take advantage of the
					 promotion.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5607 - Advertising and Marketing › Section 5607.4 - Marketing restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Marketing or advertising as gambling prohibited.
A registrant
					 shall not market or advertise such registrant's platforms as gambling in the
					 State of New York.
(b)
Embedded keywords.
A registrant shall not use misleading
					 embedded keywords or similar methods in its platform to
(1) attract minors, self-excluded contestants
					 or persons who are or may be problem gamblers; or
(2) accomplish any other misleading or
					 deceptive purpose.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5608 - Misconduct, Associations and Duties to Promote Integrity › Section 5608.1 - Misconduct and improper associations

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may impose penalties or take other
						appropriate action against a registration if the commission finds that any
						registrant, or any person employed by or associated with a registrant:
(a) is associating, consorting or negotiating
					 with bookmakers or other persons of similar pursuits in regard to unlawful
					 activity in the State of New York;
(b) is associating, consorting or negotiating
					 with persons who have been convicted of a gambling or gambling-related
					 crime;
(c) is guilty of any fraud
					 or has attempted any fraud or misrepresentation in connection with interactive
					 fantasy sports contests or otherwise;
(d) has violated any law, rule or regulation
					 with respect to interactive fantasy sports or sports gambling in any
					 jurisdiction; or
(e) has violated
					 any rule, regulation or order of the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5608 - Misconduct, Associations and Duties to Promote Integrity › Section 5608.2 - Duties to report

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Dishonest or unlawful acts.
In the event that a registrant
					 becomes aware, or reasonably suspects
(1) a
					 person has obtained a personal benefit or a benefit for another person by a
					 dishonest or unlawful act affecting the conduct or playing of a contest or a
					 sports event, the results of which formed the basis, in whole or in part, of a
					 contest; and/or
(2) there has been
					 an unlawful act that has affected a contest or a sports event the results of
					 which formed the basis, in whole or in part, of a contest,
such registrant shall immediately give the commission a
						written notice advising the commission of all material facts known about the
						matter and any documents or other evidence in the possession or control of the
						registrant in connection with the matter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5608 - Misconduct, Associations and Duties to Promote Integrity › Section 5608.3 - Duties to give evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Testimony and evidence.
It shall be the duty of each
					 registrant and each employee or other person associated with each registrant to
					 report promptly when requested or ordered to do so by any official of the
					 commission in furtherance of an investigation or hearing pursuant to this Part
					 and to testify under oath concerning any facts within such registrant or such
					 person's knowledge and to produce any books, records, written matter or other
					 evidence within such registrant or such person's possession or control relevant
					 to such matter.
(b)
Access
					 to documents and computer or other data systems.
A registrant shall
					 make available to the commission any documents and access to computer or other
					 data systems used in connection with paid-entry interactive fantasy sports
					 contests that the commission may request in connection with any matter reported
					 pursuant to this Part. This duty applies to activity in connection with a
					 registrant and contests offered by a registrant, whether such acts are
					 committed by the registrant or the registrant's employees, agents,
					 representatives, affiliates, contractors, customers, potential customers or
					 contestants.
(c)
Penalties.
The commission may impose such penalties or take
					 such action as the commission may deem appropriate in the event of a failure to
					 appear when directed to do so by any official of the commission in furtherance
					 of an investigation or hearing or to testify under oath concerning any facts
					 within such registrant's or person's knowledge and produce any books, records,
					 written matter or other evidence within such person's possession or control
					 relevant to such matter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5608 - Misconduct, Associations and Duties to Promote Integrity › Section 5608.4 - Prohibited actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Dishonest obtaining of a benefit.
No authorized or prohibited
					 contestant shall, in relation to an authorized contest, dishonestly obtain a
					 benefit by any act, practice or scheme or otherwise dishonestly obtain a
					 benefit through the use of any device or item.
(b)
Alteration or falsification of
					 information.
Any person who knowingly alters or falsifies information
					 recorded on any record, document or report required under this Chapter, at the
					 time of the transaction or after the fact, for any purpose, including, without
					 limitation, for the purpose of concealment, deception, or circumvention of
					 internal control minimum procedures, may be subject to the penalties and other
					 actions the commission may take pursuant to law (e.g., a fine, penalty or
					 revocation of registration by the commission).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5609 - Reporting and Auditing › Section 5609.1 - Reporting of changes

Current through Register Vol. 46, No. 28, July 10, 2024
Each registrant has a continuing duty to disclose any
						material change or changes in such registrant's business form or activity. A
						registrant must disclose any change in information provided to the commission
						in the registration application, amendments to the application, information
						provided to contestants, information provided to investors or information
						provided in an annual report or statutory report to the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5609 - Reporting and Auditing › Section 5609.2 - Reporting of compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Independent compliance review.
The commission may require any
					 registrant to engage, at the expense of such registrant, an independent firm to
					 review such registrant's compliance with Article 14 of the Racing, Pari-Mutuel
					 Wagering and Breeding Law and this Chapter, or any portion thereof, and report
					 thereon to the commission, as the commission may direct.
(b)
Requirements for independent
					 firm.
The independent firm that intends to review a registrant's
					 compliance shall, at a minimum:
(1) be
					 independent from any registrant or third-party provider of interactive fantasy
					 sports systems;
(2) be accredited
					 by an international accreditation body to demonstrate that such firm is
					 competent and qualified; and
(3)
					 be able to test, evaluate, conduct analyses or forensic examination, verify,
					 certify, inspect and render opinions for portions of the interactive fantasy
					 sports systems and any components thereof or modification thereto that the
					 commission deems essential to the integrity of the operation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5609 - Reporting and Auditing › Section 5609.3 - Testing and reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Independent testing
					 laboratory.
The commission, in the commission's discretion, may
					 require a registrant to provide a certification by an independent testing
					 laboratory approved by the commission that such registrant's platform performs
					 as such registrant represents to the public. The commission may consider any
					 relevant factor in the exercise of such discretion, including, without
					 limitation, the number of contestants who use the platform, the amount of money
					 paid by contestants to such registrant, the amount of prize money offered by
					 the registrant, size and complexity of the registrant's platform and the
					 difficulty presented for the commission to conduct such technical and financial
					 audits using commission employees, to determine when and to what extent a
					 registrant shall be required to provide such a certification. The registrant
					 shall be solely responsible for the expense of such certification.
(b)
Requirements for independent
					 testing laboratory.
An independent testing laboratory that intends to
					 test and certify interactive fantasy sports systems and any components thereof
					 or modification thereto for use by a registrant shall be approved by the
					 commission. An independent testing laboratory shall:
(1) be independent from any registrant or
					 third-party provider of interactive fantasy sports systems and any components
					 thereof or modification thereto;
(2) be accredited by an international
					 accreditation body approved by the commission to demonstrate that such
					 laboratory is competent and qualified to test scientifically and evaluate
					 technology related to the operation and control of interactive
					 systems;
(3) be able to demonstrate
					 experience in the development of technical standards and testing of interactive
					 fantasy sports systems;
(4) be able
					 to test, evaluate, conduct analyses or forensic examination, verify, certify,
					 inspect and render opinions for portions of the interactive fantasy sports
					 systems and any components thereof or modification thereto that the commission
					 deems essential to the integrity of the operation; and
(5) demonstrate reasonable competence for the
					 task at hand.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5609 - Reporting and Auditing › Section 5609.4 - Monitorships

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Generally.
In the event the commission determines that the
					 integrity of interactive fantasy sports, or public confidence in such
					 integrity, requires particular supervision of a registrant's operations,
					 compliance or other activities, the commission may require such registrant to
					 engage, at such registrant's expense, a monitor acceptable to the commission.
					 If the commission orders the establishment of a monitorship, such monitorship
					 shall last for such time as the commission may prescribe. The terms and
					 conditions of such monitorship shall be subject to the review and approval of
					 the commission. Such monitorship may include the monitoring of activities
					 conducted within New York State and outside of New York State, as the
					 commission may determine. All costs and expenses of such monitorship shall be
					 paid directly by such registrant. The commission may impose a fine or other
					 sanctions for failure to pay the reasonable costs and expenses of a
					 monitor.
(b)
Notice of
					 monitorship.
The commission shall provide written notification to a
					 registrant informing such registrant that such registrant will be placed under
					 monitorship. Such notice shall include a brief description of the facts that
					 serve as the rational basis for requiring such monitorship, the scope of the
					 monitorship, actions that such registrant must take to comply with the
					 monitorship and a description of the time period of the monitorship or the
					 conditions that must be satisfied in order for the monitorship to be rescinded.
					 The commission may, for good cause, amend the terms and conditions of such
					 monitorship at any time.
(c)
Appeal of commission determination.
A registrant may contest
					 the imposition of a monitorship by filing with the commission a written appeal
					 within 15 calendar days of receiving the notice of monitorship. The only bases
					 upon which a registrant may challenge the imposition of a monitorship are:
(1) lack of a rational basis to impose a
					 monitorship;
(2) a mistake of fact;
					 and/or
(3) a mistake of law. A
					 registrant bears the burden of proof to demonstrate whether any basis set forth
					 in this subdivision is established. If such a challenge is filed, the
					 commission shall conduct a hearing pursuant to this Subtitle.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5610 - Taxes and Fees › Section 5610.1 - Report of gross revenue and tax.

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Requirements for report.
On the
					 10th day of each month, each registrant shall submit
					 a report of interactive fantasy sports gross revenue and monthly tax on Form
					 IFS-1, as prescribed by the commission. The form shall be certified as complete
					 and accurate and signed by an officer of the registrant. If the form is
					 prepared by a paid preparer, the form also shall be signed by such person.
					 Completed forms shall be returned to the commission in any manner the
					 commission may direct.
(b)
Amended reports.
A registrant may, by written request and
					 commission approval of said request, submit an amended monthly report for any
					 of the following reasons:
(1) carryover of
					 the awarding of a claimed prize to a subsequent month;
(2) correcting or reconciling errors,
					 substantiated by supporting documentation, in a prior report; or
(3) due to errors identified by another
					 government agency or independent audit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5610 - Taxes and Fees › Section 5610.2 - Annual report

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Required report.
Each registrant shall submit a report of
					 activity to the commission on or before June 30, containing, for the 12 months
					 ended on the preceding March 31:
(1) the
					 information required by Racing, Pari-Mutuel Wagering and Breeding Law section
					 1406;
(2) a certification by an
					 officer of the registrant that each report of interactive fantasy sports gross
					 revenue and monthly tax submitted to the commission for each of the 12 months
					 ended on the preceding March 31 is accurate and complete;
(3) a statement of assets and liabilities of
					 the registrant;
(4) a statement of
					 the aggregate balance of dormant contestants' accounts and action taken
					 pursuant to Abandoned Property law section 1315; and
(5) any additional information the commission
					 requires or requests, including, without limitation, current financial
					 statements and other reports and records of any SPE that has performed services
					 for the registrant as required by sections
					 5605.5 and
					 5605.6 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5610 - Taxes and Fees › Section 5610.3 - Failure to file

Current through Register Vol. 46, No. 28, July 10, 2024
A registrant that fails to submit a monthly tax report
						without having first obtained in writing an extension from the commission shall
						be subject to penalty, as set forth in 5614.4.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5610 - Taxes and Fees › Section 5610.4 - Payment of taxes, fees, assessments and fines

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Remittance.
The payment
					 of State tax required by Racing, Pari-Mutuel Wagering and Breeding Law section
					 1407 shall be remitted by electronic fund transfer (EFT) to the commission no
					 later than 10 days after the end of each month. Electronic fund transfers shall
					 be coordinated with the commission.
(b)
Requirements for
					 remittance.
Payment of any fee, assessment or fine demanded or
					 invoiced by the commission other than State tax, the collection of which is
					 prescribed in subdivision (a) of this section, shall be remitted to the
					 commission within 30 days of such demand or invoice. EFTs shall be acceptable
					 and shall be coordinated with the commission. To set up EFT payments by
					 automated clearing house credit, a registrant shall contact the commission at a
					 contact point the commission shall designate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5611 - Financial Stability › Section 5611.1 - Criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Financial stability required.
Each registrant, and each of
					 such registrant's principals, shall establish and maintain throughout the
					 duration of such registrant's registration sufficient financial stability to
					 ensure such registrant's ability to perform the duties and responsibilities of
					 an interactive fantasy sports operator. The commission may consider any
					 relevant evidence of financial stability.
(b)
Sufficient funds.
Each
					 registrant shall be able to pay, as and when due, all local, State and Federal
					 taxes, including the tax on gross revenues and regulatory costs imposed by
					 Racing, Pari-Mutuel Wagering and Breeding Law sections 1407 and 1408, and any
					 costs associated with the registration process. Registrants shall establish and
					 maintain an account with sufficient funds to cover regulatory cost estimates,
					 as provided by the commission. Such account shall be used solely for the
					 purpose of maintaining balances to pay regulatory expense estimates. The
					 commission may adjust regulatory expense estimates at any time. The registrant
					 shall provide records demonstrating the ability to pay regulatory cost
					 estimates upon request of the commission.
(c)
Debt.
Each registrant
					 shall be able to pay, exchange, refinance or extend debts, including long-term
					 and short-term principal and interest and capital lease obligations, that will
					 mature or otherwise come due and payable during the registration term, or to
					 otherwise manage such debts and any default with respect to such debts. Each
					 registrant shall advise the commission of such registrant's plans to meet this
					 standard with respect to any material debt or debts coming due and payable
					 within 12 months after the end of the registration term.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5611 - Financial Stability › Section 5611.2 - Approval required

Current through Register Vol. 46, No. 28, July 10, 2024
No registrant shall consummate any transaction, including
						a material debt transaction, that would preclude such registrant's ability to
						meet the requirements set forth in section
						5611.1 of this Part, without prior
						written approval by the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5611 - Financial Stability › Section 5611.3 - Failure to demonstrate financial stability

Current through Register Vol. 46, No. 28, July 10, 2024
In the event a registrant fails to demonstrate financial
						stability as required by this Part to the satisfaction of the commission, the
						commission may take such action as is necessary to fulfill the purposes of the
						Article 14 of the Racing, Pari-Mutuel Wagering and Breeding Law and to protect
						the public interest, including, without limitation, issuing conditional or
						temporary registrations, approvals or determinations; establishing an
						appropriate cure period; imposing reporting requirements in excess of those
						otherwise mandated by this Chapter; requiring the maintenance of reasonable
						reserves or the establishment of dedicated or trust accounts to insure future
						compliance with the financial stability standards; requiring a special audit,
						with such audit plan to be approved by the commission and conducted by an
						independent accounting firm at the expense of the registrant; suspending,
						revoking or denying registration; and such other action as the commission
						determines appropriate in accordance with this Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5612 - Complaints › Section 5612.1 - Receipt of complaints

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Procedures.
Each registrant shall establish a procedure for
					 receiving and responding to all consumer complaints, including, without
					 limitation, complaints by contestants that their contestant accounts have been
					 misallocated, compromised or otherwise mishandled. Such complaint resolution
					 procedures shall be easy to locate on a registrant's platform or platforms and
					 help links of the registrant.
(b)
Details of complaint.
A complaint shall contain clear and
					 unequivocal information about the complainant's identity and shall give all
					 relevant details that gave rise to the complaint.
(c)
Investigation or
					 referral.
Where a complaint is made to the commission, the commission
					 may investigate the complaint or may refer the complaint to the
					 registrant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5612 - Complaints › Section 5612.2 - Duty to investigate, report and resolve

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Timing.
A registrant
					 shall inquire immediately into any complaint made to the registrant in respect
					 to the operation of a contest and shall resolve diligently each and every
					 complaint as soon as practicable.
(b)
Investigation and corrective
					 action.
A registrant shall investigate all complaints promptly and
					 fully and also shall take corrective action with respect to any matter that
					 such registrant determines is not in compliance with the law or the rules and
					 orders of the commission.
(c)
Status of complaint.
A registrant shall inform each
					 complainant, and the commission where a complaint was referred to the
					 registrant by the commission, by notice in writing or telecommunication of the
					 status of the inquiry of the registrant within 10 days from the date such
					 complaint was made to the registrant.
(d)
Dispute resolution.
A
					 complainant who is not satisfied with the resolution of a complaint within 21
					 days shall be offered by the registrant the option of dispute resolution in a
					 neutral and expeditious forum, such as arbitration, to be completed within 60
					 additional days, unless the registrant notifies the commission that unusual
					 circumstances exist, explains such circumstances and proposes an alternative
					 timeframe for resolution, subject to commission approval.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5612 - Complaints › Section 5612.3 - Proof of compliance

Current through Register Vol. 46, No. 28, July 10, 2024
The registrant shall maintain any information and
						materials necessary to demonstrate such registrant's compliance with this Part.
						Registrants may be required by the commission to maintain additional records
						and information where there is cause to believe the registrant is not complying
						with this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5612 - Complaints › Section 5612.4 - Registrant flexibility

Current through Register Vol. 46, No. 28, July 10, 2024
Each registrant shall establish a procedure for receiving
						and responding to all consumer complaints. Except as may be directed otherwise
						by the commission, each registrant may determine the specific policies and
						procedures such registrant will adopt and the methods by which such registrant
						will implement such policies and procedures so long as such policies and
						procedures are designed reasonably to achieve the objectives set forth in this
						Part. A registrant shall have flexibility to determine such policies and
						procedures and methods in light of the size, nature and scope of the
						registrant's operations, including, for example, the volume of contestants and
						entries, the aggregate amount of prize offerings and the number and the
						registrant's history of consumer complaints.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5613 - Penalties and Sanctions › Section 5613.1 - Commission authority

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may impose on any person, including an
						entity, any penalty or sanction authorized by the Racing, Pari-Mutuel Wagering
						and Breeding Law or this Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5613 - Penalties and Sanctions › Section 5613.2 - Suspension and revocation

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may suspend or revoke a registration
						for:
(a) fraud, deceit,
					 misrepresentation or conduct prejudicial to public confidence in the fairness
					 or integrity of any interactive fantasy sports contest;
(b) violation of the commission's
					 instructions or directives pursuant to law;
(c) failure to file any report, to keep
					 records or to pay any tax or regulatory cost as required by Article 14 of the
					 Racing, Pari-Mutuel Wagering and Breeding Law or this Chapter;
(d) failure to demonstrate financial
					 stability; or
(e) violation of any
					 provision of Article 14 of the Racing, Pari-Mutuel Wagering and Breeding Law or
					 this Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5613 - Penalties and Sanctions › Section 5613.3 - Effect of suspension or revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Blocking of access.
If a
					 registration is suspended or revoked, a registrant, or former registrant, in
					 the case of a revocation, immediately shall block access to all platforms of
					 such registrant or former registrant, in the case of a revocation, to any
					 potential contestant located in New York State and shall take such action with
					 respect to contestant accounts as the commission may direct.
(b)
Posting of notice.
A
					 registrant whose registration is suspended or revoked immediately shall post,
					 verbatim, on such registrant's website, viewable to anyone who obtains access
					 to the registrant's website while located in New York, whatever notice of the
					 suspension or revocation that the commission directs to be so posted.
(c)
Pending contests.
In the
					 event of a suspension or revocation of registration, the commission may direct
					 the cancellation or suspension of any pending contests of such registrant from
					 being offered to customers within New York State and the refunding of entry
					 fees collected from contestants located within New York State at the time of a
					 contest entry.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter VI - Interactive Fantasy Sports › Subchapter A - Public Access to Records › Part 5613 - Penalties and Sanctions › Section 5613.4 - Penalties for non-payment of taxes, fines, assessments and other fees

Current through Register Vol. 46, No. 28, July 10, 2024
If a registrant fails to submit payment of:
(a) State tax within 10 days after the
					 10th day of the month; or
(b) a fine or fee within 30 days of the date
					 such fine or fee is due pursuant to written notice from the Commission, the
					 commission shall charge interest as permitted by law and impose a fine of at
					 least $100 for each day that such payment is late. The commission may take such
					 other action against such registrant as the commission deems appropriate,
					 including, without limitation, the suspension or revocation of a
					 registration.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 1 - Standards for Municipal Police Officer Candidates › Part 6000 - Medical And Physical Fitness Standards And Procedures For Police Officer Candidates › Section 6000.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part:
(a) The term council or MPTC shall mean the
						Municipal Police Training Council.
(b) The term qualified physician or physician
						shall mean a medical doctor licensed to practice medicine in the State of New
						York who has been determined by the appropriate municipal civil service
						commission to possess the necessary expertise to administer a medical review
						pursuant to the provisions of this Part, and who has been designated by such
						commission to administer such review.
(c) The term qualified practitioner or
						practitionershall mean a health-related professional who has been determined by
						the appropriate municipal civil service commission to possess the necessary
						expertise to administer a medical review pursuant to the provisions of this
						Part, and who has been designated by such commission to administer such
						review.
(d) The term position shall
						refer to the position of an entry-level police officer.
(e) The term division shall refer to the
						Division of Criminal Justice Services.
(f) The term qualified trainer shall be an
						individual who has been determined by the appropriate municipal civil service
						commission to possess the necessary expertise to administer a physical fitness
						screening test pursuant to the provisions of this Part, and who has been
						designated by such commission to administer such test.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 1 - Standards for Municipal Police Officer Candidates › Part 6000 - Medical And Physical Fitness Standards And Procedures For Police Officer Candidates › Section 6000.3 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided in this Part, all
						  candidates interested in an entry-level police officer position shall undergo a
						  physical fitness screening test conducted in accordance with section
						  6000.8 
						  of this Part. Candidates who successfully complete the physical fitness
						  screening elements as well as other relevant pre-offer conditions shall undergo
						  a medical review conducted by a qualified physician or practitioner (unless
						  otherwise specified) in accordance with section
						  6000.4 
						  of this Part. Such medical review shall be conducted only after a conditional
						  offer of employment has been given to the candidate by the local police agency
						  seeking to employ such candidate. All candidates must be found physically able,
						  with or without reasonable accommodations, to perform the essential job
						  functions of an entry-level police officer for the police agency seeking to
						  employ the candidate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 1 - Standards for Municipal Police Officer Candidates › Part 6000 - Medical And Physical Fitness Standards And Procedures For Police Officer Candidates › Section 6000.5 - Reasonable accommodations

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the affirmative responsibility of each
						  local police agency to assess the type(s) of reasonable accommodations which
						  may be necessary to allow the candidate to perform the essential functions of a
						  police officer candidate for such agency and to provide such necessary
						  reasonable accommodations to a qualified candidate with a disability, provided
						  however, that nothing herein shall be construed to require the provision of
						  reasonable accommodations if doing so will impose an undue hardship on the
						  employing agency or a direct threat to the safety of himself/herself or
						  others.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 1 - Standards for Municipal Police Officer Candidates › Part 6000 - Medical And Physical Fitness Standards And Procedures For Police Officer Candidates › Section 6000.6 - Minimum components of the clinical tests

Current through Register Vol. 46, No. 28, July 10, 2024
The MPTC recommends that the qualified physician or
						  practitioner perform a medical examination which includes a thorough history, a
						  physical examination, and clinical tests, which consist of, but are not limited
						  to, the following components:
(a)
						urinalysis (Dipstick);
(b)
						tuberculosis (Mantoux), if indicated from the findings of the history and/or
						physical examination;
(c)
						electrocardiogram (ECG) (Resting);
(d) drug screening (Amphetamine;
						Barbiturates; Cocaine; Methadone; Opiates; Propoxyphene; Methaqualone;
						Benzodiazepines; Phencyclidine; and Tetra Hydro Cannabinoids); and
(e) chest X-ray examination, if indicated
						from the findings of the history and/or physical examination.