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 B - Harness Racing › Part 4101 - Licenses › Other Provisions › Section 4101.41 - Reimbursement for racing officials

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						All licensed racing corporations shall reimburse the commission for the per
						diem cost to the commission to employ one associate judge and the starter at
						and in relation to racing meetings conducted by the licensed racing
						corporation. Reimbursement shall include the per diem rate accorded to the
						title as well as fringe benefits and any indirect costs attributable to the
						position.
(b) The commission shall
						notify each licensed racing corporation of the costs to be reimbursed prior to
						the beginning of each month.
(c)
						Payment of the reimbursement shall be made to the commission no later than the
						last business day of each month and shall be accompanied by a report, under
						oath, on a form prescribed by the commission. The report shall contain such
						information as the commission may require.
(d) A penalty of five percent of the payment
						due with interest at the rate of one percent per month calculated from the last
						business date of the month when payment is due to the date of payment shall be
						payable in the event that any reimbursement or part thereof is not paid when
						due.
(e) The commission or the
						commission's duly authorized representatives shall have the power to examine or
						cause to be examined the books and records of the corporations required to
						provide the reimbursement for the purpose of examining and checking the same
						and ascertaining whether the proper amounts are being paid.
(f) If the commission determines that any
						reimbursement received by it was paid in error or exceeded the actual amount
						required, the commission may cause the same to be refunded without interest out
						of the monies collected or credited to the racing corporation, provided an
						application for such a refund is filed with the commission within one year from
						the date the incorrect payment was made.
(g) If the commission determines that any
						reimbursement received by the commission was insufficient due to an increase in
						racing days or other circumstance, the commission shall direct the racing
						corporation to provide for such reimbursement by notifying the racing
						corporation of the obligation and requiring payment by issuance of an
						assessment fixing the correct amount. Such assessment may be issued within
						three years from the filing of any report. Any such assessment shall be final
						and conclusive unless an application for a hearing is filed by the racing
						corporation within 30 days of the date of the assessment. The action of the
						commission in making such final assessment shall be reviewable in the supreme
						court in the manner provided by and subject to the provisions of article 78 of
						the Civil Practice Law and Rules.