reglab/statecodes huggingface dataset:
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.1 - Definitions and general provisions

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the definitions set forth in Racing,
						Pari-Mutuel Wagering and Breeding Law section 1001, which shall apply to this
						Part, the following words and terms, when used in this Subchapter, shall have
						the following meanings, unless the context clearly indicates otherwise:
(a) Account means a formal record of all
					 transactions (debits, wagers, deposits, withdrawals and credits) initiated by
					 an account holder in a wagering account with an account wagering
					 licensee.
(b) Account activity
					 means any deposit, withdrawal, wager or other transaction made by the account
					 holder.
(c) Account holder means a
					 natural person authorized by an account wagering licensee to place wagers via
					 account wagering.
(d) Account wager
					 means a wager placed by means of account wagering. An account wager may be made
					 by the account holder in person, via telephonic device or by the internet or by
					 communication through other electronic means.
(e) Account wagering center means the
					 facility or facilities with the capability of accepting account wagers using
					 wired or wireless communications devices, including but not limited to wireline
					 telephones, wireless telephones, and the internet, to transmit the placement of
					 wagers on races and special events.
(f) Electronic signature shall mean an
					 electronic sound, symbol, or process that is attached to or logically
					 associated with an electronic record and is executed or adopted by a person
					 with the intent to sign the record.
(g) Internet means a computer network
					 consisting of a worldwide network of computer networks that use the TCP/IP
					 network protocols to facilitate data transmission and exchange.
(h) Official means a representative of the
					 commission.
(i) PIN means a
					 personal identification number associated with an account.
(j) Regional off-track-betting corporation
					 means a corporation created pursuant to section 502 or section 603 of the
					 Racing, Pari-Mutuel Wagering and Breeding Law.
(k) Report means a summary of wagering
					 activity or other written record prepared pursuant to this
					 subchapter.
(l) Stored value
					 instrument means funds or monetary value represented in digital electronics
					 format (whether or not specially encrypted) and stored or capable of storage on
					 electronic media in such a way as to be retrievable and transferable
					 electronically.
(m) Totalisator
					 system means a computer system that registers and computes the wagering and
					 payoffs in pari-mutuel wagering.
(n) Wagering device means a device enabling
					 the placing of wagers.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.2 - Licensing account wagering

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 account wagering licensee may offer a system of account wagering in which
					 wagers and withdrawals are debited and winning payoffs and deposits are
					 credited to an account held by an account wagering licensee on behalf of an
					 account holder provided:
(1) prior commission
					 approval is granted for the account wagering system, which shall be conducted
					 in accordance with a written plan of operation submitted by such licensee and
					 approved by the commission. Such plan of operation shall include, at a minimum:
(i) systems of processing wagers;
(ii) internal controls for account
					 wagering;
(iii) appropriate
					 totalisator and accounting contracts that safeguard the transmission of
					 wagering data;
(iv) a plan for
					 system security that includes but is not limited to the use of access
					 encryption and firewalls;
(v)
					 account wagering rules; and
(vi) a
					 plan for a recording for each transaction on a system separate from the
					 totalisator system;
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.5 - Official address

Current through Register Vol. 46, No. 28, July 10, 2024
The address listed on the account wagering application is
						deemed the account holder's official address for purposes of this section. The
						account wagering licensee shall use the official address for all mailings,
						including notices, checks, withdrawal slips, account statements and other
						correspondence.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.6 - Changes to account information

Current through Register Vol. 46, No. 28, July 10, 2024
The account wagering licensee shall provide a method for
						the account wagering holder to make official changes to his or her account
						information. The method shall include the name, date, address, account wagering
						identification number, PIN and signature.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.7 - Right to refuse an account

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 account wagering licensee may refuse an account to anyone, based on business
					 judgment.
(b) The account wagering
					 licensee shall refuse an account to:
(1)
					 known or reputed bookmakers;
(2)
					 any person who engages in any activity that is deemed to be a gambling offense
					 as defined in Article 225 of the Penal Law of the State of New York;
(3) a known fugitive from justice;
					 and
(4) persons on the entity's
					 self-exclusion list.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.8 - Segregation of funds

Current through Register Vol. 46, No. 28, July 10, 2024
The account wagering licensee shall, upon receipt of
						money from account holders and related winning wagers, deposit such money
						within 72 hours in a segregated bank account, kept and maintained by the
						account wagering licensee until appropriately distributed.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.9 - Conduct of wagering

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Account
					 wagers shall be transacted through only an account wagering center.
(b) The account wagering licensee may accept
					 account wagers via any wired or wireless communications device, including but
					 not limited to wireline telephones, wireless telephones, and the internet
					 subject to applicable laws, rules and its approved plan of operation.
(c) The account wagering licensee shall not
					 permit any person other than the person in whose name an account has been
					 established to issue wagering instructions relating to that account or
					 otherwise engage in wagering transactions relating to that account.
(d) The account wagering licensee shall:
(1) require the account holder to provide the
					 account wagering identification number and PIN before an account wager is
					 accepted;
(2) confirm all account
					 wagering transactions before acceptance of an account wager;
(3) verify that the account has sufficient
					 funds to pay for the wager. No wager or portion of wager shall be accepted if
					 the account fails to have sufficient funds to cover the wager;
(4) debit the total amount of the wager from
					 the account immediately after verifying the wager;
(5) not accept any account wager if the
					 recording devices are inoperable; and
(6) not cash or accept any public assistance
					 check or electronic benefit transfer device issued by a public welfare official
					 or department, or agent thereof, as and for public assistance, as proscribed by
					 section
					 151 of the
					 Social Services Law. Any entity that violates this paragraph shall be
					 disciplined by the commission. Such discipline may include one or more of the
					 following actions:
(i) revocation of a
					 license;
(ii) suspension of a
					 license;
(iii) a fine; or
(iv) issuance of a public or private letter
					 of reprimand to be placed in the file of the licensee.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.10 - Record of wager; pari-mutuel tickets

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, all wagers placed through the
						account wagering system are deemed pari-mutuel tickets and are subject to all
						rules and laws governing pari-mutuel tickets.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.11 - Withdrawals and other debits to accounts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For all accounts except bearer accounts,
					 withdrawals may be made by completing a request for withdrawal from the account
					 wagering account, consistent with the account wagering licensee's plan of
					 operation, by only the means set forth in Racing, Pari-Mutuel Wagering and
					 Breeding Law section 1012(5).
(b)
					 Withdrawals can be for all or any portion of the account holder's
					 balance.
(c) The account wagering
					 licensee shall process all requests for withdrawals made via mail within five
					 business days of receiving the request. All other requests for withdrawals
					 shall be processed immediately. If the request is incomplete or required
					 information is missing, the account wagering licensee must notify the account
					 holder of the required information as soon as possible.
(d) If the account does not contain
					 sufficient funds to cover the requested withdrawal, the account wagering
					 licensee shall release the remaining funds and notify the account
					 holder.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.12 - Credits to accounts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As
					 prescribed by Racing, Pari-Mutuel Wagering and Breeding Law § 1012(7), the
					 account holder's deposits to the wagering account shall be submitted by the
					 account holder to the account wagering licensee and shall be in the form of one
					 of the following:
(1) cash given to the
					 account wagering licensee;
(2)
					 check, money order, negotiable order of withdrawal, or wire or electronic
					 transfer, payable and remitted to the account wagering licensee; or
(3) charges made to an account holder's debit
					 or credit card upon the account holder's direct and personal instruction, which
					 instruction may be given by telephone communication or other electronic means
					 to the account wagering licensee or its agent by the account holder if the use
					 of the card has been approved by the account wagering licensee.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.13 - Account statements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 account wagering licensee shall no less than once per calendar month make
					 available a statement to each account holder detailing the month's beginning
					 and ending balances and each debit and credit by date.
(b) Upon written demand, the account wagering
					 licensee shall make available to the account holder any monthly statement from
					 the current or the previous calendar year.
(c) Upon written demand, the account wagering
					 licensee shall make available to the account holder a statement beginning on
					 the last day of the prior period through the date of written demand.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.14 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The account
					 wagering licensee shall keep a system of accounts that maintain a separate
					 record of revenues and an accounting of costs in regard to the operation of the
					 wagering provider. This system shall include a correct and complete record of
					 every deposit, withdrawal, wager, winning payoff and other credit and debit to
					 each wagering account for a period of three years. In addition, the account
					 wagering licensee shall keep such records segregated according to its
					 operations involving wagering accounts held by residents of New York
					 State.
(b) The account wagering
					 licensee shall ensure that wagers are accepted only at designated telephone
					 numbers and account wagering centers.
(c) The account wagering licensee shall
					 record account wagering accounts as a separate liability on its books and
					 records.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.15 - Confidentiality of accounts

Current through Register Vol. 46, No. 28, July 10, 2024
The account wagering licensee, its employees and agents
						may not divulge any account information without the express written permission
						of the account holder except to the commission, by commission order, or as may
						otherwise be prescribed by law.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.16 - Closing of accounts

Current through Register Vol. 46, No. 28, July 10, 2024
Excepting bearer accounts, accounts may be closed at the
						request of an account holder made in-person or by mail or other method
						consistent with the plan of operation. For those requests made by mail, account
						wagering licensees shall mail to the account holder's official address or send
						via electronic funds transfer to the account specified in the account wagering
						application all funds within five business days of receiving such request. All
						other requests shall be processed immediately.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.17 - Dormant accounts

Current through Register Vol. 46, No. 28, July 10, 2024
The authorized pari-mutuel wagering entity shall
						deactivate all accounts if there is no account wagering activity during a
						period of 36 consecutive months. Such dormant accounts shall be treated as
						abandoned property pursuant to section
						300 of
						the Abandoned Property Law, as prescribed by Racing, Pari-Mutuel Wagering and
						Breeding Law section 1012(11).
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.18 - Surcharge

Current through Register Vol. 46, No. 28, July 10, 2024
Any regional off-track-betting corporation may suspend
						surcharge of accounts pursuant to section 1012 of the Racing, Pari-Mutuel
						Wagering and Breeding Law and consistent with such corporation's plan of
						operation.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.19 - Vouchers

Current through Register Vol. 46, No. 28, July 10, 2024
A vouchers is a document or card produced by a
						pari-mutuel system device, with a value printed on its face, that is recorded
						in and redeemed through the pari-mutuel system.
(a) Vouchers are not accounts or account
					 wagers for purposes of this section.
(b) Vouchers may only be used to place wagers
					 in-person and only pursuant to an approved plan of operation.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.20 - Reports to commission

Current through Register Vol. 46, No. 28, July 10, 2024
No later than March 15 of each year, the account wagering
						licensee shall file with the commission a report detailing the following for
						the previous calendar year in which account wagering was offered:
(a) total handle bet through the account
					 wagering system;
(b) total handle
					 segregated by telephone, internet and other means;
(c) total handle segregated by
					 track;
(d) the beginning number of
					 accounts, total accounts opened and closed and the ending number of accounts;
					 and
(e) any other report as may be
					 prescribed by the commission.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.21 - Yearly audit

Current through Register Vol. 46, No. 28, July 10, 2024
Account wagering licensees shall audit or cause to have
						audited the account wagering system data input and account updates not less
						than once during each calendar year. Such reports shall be provided to the
						commission upon request.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.22 - Disputes, complaints and adjustments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subject to applicable laws, customer
					 disputes concerning account transactions shall be addressed by the mutuel
					 department supervisor, or such other pari-mutuel supervisor as may be
					 designated by the account wagering licensee's management. Such designation must
					 be in writing. The mutuel department supervisor or appropriate designee shall
					 approve all final resolutions of account disputes. Documentation of all
					 disputes and final resolutions shall be maintained by the account wagering
					 licensee for a period of three years from the end of the year the dispute was
					 resolved.
(b) Disputed transactions
					 that lead to an adjustment shall be audited by internal audit within 30 days of
					 the adjustment.
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 G - Account Wagering › Part 4500 - Account Wagering › Section 4500.23 - Cooperation with officials

Current through Register Vol. 46, No. 28, July 10, 2024
If the commission determines that a certain computer
						printout, mutuel report, or other totalisator or mutuel record is needed to
						perform the official's regulatory duties, the official shall request the item
						from the mutuel manager (or his or her designee) and/or totalisator company
						representative. On receipt of a request under this section, the mutuel manager
						and/or totalisator company representative shall make the information available
						to the official no later than the deadline established by the official or
						provisions of this Subchapter.
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 H - Adjudicatory Proceedings For Racing › Part 4550 - General Provisions › Section 4550.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to all adjudicatory proceedings held by
						the commission pursuant to this Chapter.
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 H - Adjudicatory Proceedings For Racing › Part 4550 - General Provisions › Section 4550.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
					 commission means the New York State Gaming Commission. The commission is an
					 agency authorized by law to make final determinations in adjudicatory
					 proceedings and is an "agency" within the meaning of Executive Order No. 131
					 dated December 4, 1989.
(b) The
					 term adjudicatory proceeding means any activity in which a determination of
					 legal rights, duties or privileges of named parties thereto is required by law
					 to be made, only on a record and after an opportunity for a hearing, provided
					 however, that such term shall not apply to a rule making proceeding or an
					 employee disciplinary action or other personnel action.
(c) The term chair means the chair of the
					 commission.
(d) The term hearing
					 officer means a person designated by the chairman as such and assigned by the
					 chairman to conduct an adjudicatory proceeding.
(e) The term hearing officer report means the
					 findings, conclusions and recommendations, if any, issued by the hearing
					 officer.
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 H - Adjudicatory Proceedings For Racing › Part 4550 - General Provisions › Section 4550.3 - Notice of adjudicatory proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commencement of an adjudicatory
					 proceeding. An adjudicatory proceeding shall be commenced by the commission's
					 service of a notice of hearing. A hearing in any matter as to which the
					 commission is required to hold an adjudicatory proceeding or otherwise
					 determines to conduct a hearing shall be held upon reasonable notice to each
					 party and shall be conducted at such place as the commission shall
					 determine.
(b) Contents of notice.
(1) A notice of hearing [or order to show
					 cause] shall contain:
(i) a statement of the
					 time, place and nature of the hearing;
(ii) a statement of the legal authority and
					 jurisdiction under which the hearing is to be held;
(iii) a reference to the particular section
					 of the statutes and rules involved;
(iv) a short and plain statement of matters
					 asserted;
(v) a statement that
					 interpreter services shall be made available to deaf persons at no charge;
(vi) information concerning
					 circumstances under which an adjournment may be granted;
(vii) the consequence of a failure to appear
					 for a scheduled hearing or proceeding; and
(viii) a statement informing the parties of
					 the right of each party to be represented by counsel, to testify, to produce
					 witnesses, to present documentary evidence, and to examine opposing witnesses
					 and evidence.
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 H - Adjudicatory Proceedings For Racing › Part 4550 - General Provisions › Section 4550.4 - Disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the
					 hearing seeks the revocation of a license previously granted by the commission,
					 either the commission or any party may, upon written demand and at least seven
					 days prior to the hearing, require disclosure of the evidence that the other
					 party intends to introduce at the hearing, including documentary evidence and
					 identification of witnesses; provided, however, that a party shall not be
					 required to disclose information or material otherwise protected by law from
					 disclosure, including information and material protected because of privilege
					 or confidentiality. If, after such disclosure, a party determines to rely upon
					 other witnesses or information, the party shall, as soon as practicable,
					 supplement its disclosure by providing the names of such witnesses or the
					 additional documents.
(b) If a
					 party fails to disclose evidence sought pursuant to subdivision (a) of this
					 section, the hearing officer may, in the hearing officer's discretion, impose
					 sanctions, which may include preclusion of said evidence from introduction at
					 the hearing.
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 H - Adjudicatory Proceedings For Racing › Part 4550 - General Provisions › Section 4550.5 - Procedure for adjudicatory hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 General procedure. At the hearing, the case may be presented by a party either
					 personally or by an attorney. Each party will be afforded a reasonable
					 opportunity to present evidence, examine, and cross examine witnesses. The
					 hearing officer shall conduct the hearing in a fair and impartial manner. Each
					 witness shall testify under oath or by affirmation. The hearing officer may
					 examine witnesses. The hearing officer shall not be bound by the technical
					 rules of evidence or by formal rules of procedure. The hearing officer may
					 exclude irrelevant or unduly repetitive testimony or evidence from any hearing.
					 Official notice may be taken of all facts of which judicial notice can be taken
					 and of other facts within the specialized knowledge of the commission. When
					 official notice is taken, every party shall be given notice thereof and shall
					 on timely request be afforded an opportunity prior to the decision to dispute
					 the fact or its materiality. Briefs as to the facts and law may be submitted
					 and the hearing officer may order a brief to be submitted in any proceeding and
					 fix the time when briefs may be filed.
(b) Adjournments. The hearing may be
					 adjourned at the discretion of the hearing officer for good cause shown upon
					 request of any party or upon consent of all parties. Adjournments on consent of
					 all parties shall be subject to the approval of the hearing officer. However,
					 adjudicatory proceedings shall be conducted in an expeditious manner, with due
					 regard for the rights of the parties concerned.
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 H - Adjudicatory Proceedings For Racing › Part 4550 - General Provisions › Section 4550.6 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chair
					 shall assign the hearing officer.
(b) All hearings shall be conducted by the
					 hearing officer who shall have the powers and authority of presiding officers
					 or hearing officers as defined by section 303 of the State Administrative
					 Procedure Act (SAPA), any other pertinent statute, and these
					 regulations.
(c) A hearing officer
					 is authorized to:
(1) administer oaths or
					 affirmations;
(2) issue subpoenas
					 in the name of the commission, at the request of any party or the direction of
					 the commission, requiring attendance and testimony by witnesses and/or the
					 production of books, papers, documents and other evidence. Subpoenas shall be
					 regulated by the Civil Practice Law and Rules. Nothing herein contained shall
					 affect the authority of an attorney for a party to issue subpoenas under the
					 provisions of the Civil Practice Law and Rules;
(3) regulate the course of the hearings, set
					 the time and place for continued hearings and determine the time for filing of
					 briefs and other documents;
(4)
					 direct the parties to appear and confer to consider the simplification or
					 settlement of the issues by consent of the parties; and
(5) examine and call witnesses.
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 H - Adjudicatory Proceedings For Racing › Part 4550 - General Provisions › Section 4550.7 - Disqualification of hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 A party may request the removal of a hearing officer by filing an affidavit of
					 personal bias or disqualification with the commission. The affidavit shall
					 state the specific reasons why the hearing officer should no longer preside
					 over the case under consideration. The commission shall determine the matter as
					 part of the record of such case, and the hearing may continue during the time
					 that the commission considers the request for removal of the hearing officer. A
					 party must file said motion within 48 hours of the date when the party knew or
					 should have known of the basis for disqualification.
(b) Whenever a hearing officer is
					 disqualified or it becomes impracticable for the hearing officer to continue
					 the hearing, another hearing officer may be designated to continue with the
					 case unless it is shown that substantial prejudice to the party will
					 result.
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 H - Adjudicatory Proceedings For Racing › Part 4550 - General Provisions › Section 4550.8 - Determination of the commission

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 All orders, decisions and determinations of the commission shall be in writing
					 or stated in the record and shall include such findings of fact, conclusions of
					 law, reasons for the decision or determination, as may be made by the
					 commission, and when appropriate, such direction of specific action as may be
					 ordered by the commission. Orders, decisions and determinations shall be issued
					 over the signature of the Secretary to the commission or the chair of the
					 commission, or the chair's designee.
(b) After determination of the commission, a
					 copy of the final decision or determination of the commission together with any
					 report of the hearing officer shall be made available to the parties to the
					 hearing or proceeding and shall be delivered or mailed forthwith to each party
					 and to each party's representative of record.
(c) The commission may not order or otherwise
					 direct a hearing officer to make any specific findings of fact, to reach any
					 specific conclusions of law, or to make or recommend any specific disposition
					 of a charge, allegation, question or issue, except by remand, reversal, or
					 other decision on the record of the proceeding. The commission may confirm,
					 modify, or reject any recommendation of the hearing officer. If the commission
					 issues a decision that includes findings of fact or conclusions of law that
					 conflict with any findings of fact, conclusions, or recommended decision of the
					 hearing officer, the commission shall set forth in writing the reasons why the
					 commission reached a conflicting decision.
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 H - Adjudicatory Proceedings For Racing › Part 4550 - General Provisions › Section 4550.9 - Record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission
					 shall cause to be made a complete record of all adjudicatory proceedings. Any
					 party to the adjudicatory proceeding may inspect the record. Upon request, the
					 commission shall furnish a copy of the record including exhibits and
					 transcripts or any part thereof to any party, and the commission may charge
					 that party not more than the commission's cost for the preparation and
					 furnishing of such record or transcript or any part thereof, or in the
					 alternative, the commission may charge the rate specified in the commission's
					 contracts with a private hearing stenographer. A party also shall be entitled
					 to obtain at such party's own cost a copy of the transcript directly from the
					 hearing stenographer.
(b) The
					 commission shall maintain an index by name and subject of all written final
					 decisions, determinations and orders rendered by the commission in adjudicatory
					 proceedings. Such index and the text of any such written final decision,
					 determination or order shall be available for public inspection and
					 copying.
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 H - Adjudicatory Proceedings For Racing › Part 4550 - General Provisions › Section 4550.10 - Application to reopen

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hearing
					 officer may reopen an adjudicatory proceeding upon the hearing officer's own
					 initiative or upon written application made by a party prior to the
					 commission's determination.
(b) The
					 commission may reopen an adjudicatory proceeding, on its own initiative or upon
					 written application made by a party, subsequent to the commission's
					 determination.
(c) Such
					 applications shall be determined in accordance with the following:
(1) Where a party other than the commission
					 failed to appear at the hearing, the party making the application to reopen
					 must establish that there were valid reasons for having failed to appear and
					 that there is a meritorious defense on behalf of such party.
(2) Where a party has appeared at the
					 hearing, the party must establish that there is newly discovered evidence that,
					 despite due diligence by the party, was not available at the time of the
					 hearing or establish other compelling reasons for reopening. This paragraph
					 shall also apply to counsel to the commission.
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 H - Adjudicatory Proceedings For Racing › Part 4550 - General Provisions › Section 4550.11 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
All penalties imposed by the commission, and all license
						suspensions, fines, exclusions and other sanctions imposed by the commission
						upon any person charged shall continue in full force and effect until the
						determination of the commission is rendered, unless otherwise directed in
						writing by the commission. In this regard, the commission may reduce, increase,
						modify, or substitute any penalty, license suspension, fine, exclusion, or
						other sanction after review of the record of the administrative proceeding. In
						addition, the commission may assess an additional penalty, upon notice and
						opportunity to be heard at a hearing, if the commission finds that any appeal
						taken from a ruling was frivolous. A frivolous appeal is one commenced in bad
						faith or for purposes of delay or is one that is unreasonable and without
						substance or merit.
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 I - Housing › Part 4560 - Backstretch Worker Housing › Section 4560.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Backstretch worker housing provided by a racetrack
						operator shall be maintained in accordance with this Part.
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 I - Housing › Part 4560 - Backstretch Worker Housing › Section 4560.3 - Annual inspection required

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Inspection. A racetrack operator that provides backstretch worker housing
					 shall, at least annually, submit to an inspection of such housing. The
					 inspection shall be conducted by a designated representative of the commission
					 or a local housing authority for the jurisdiction in which the racetrack
					 operator is located and shall be consistent with this Part and requirements in
					 the Property Maintenance Code of the Uniform Code.
(b) Seasonal occupation. For backstretch
					 worker housing that is occupied seasonally, no occupancy shall be allowed until
					 after the required inspection has been made and the executive director has
					 granted permission for such occupancy.
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 I - Housing › Part 4560 - Backstretch Worker Housing › Section 4560.4 - General obligations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sound
					 condition. Each racetrack operator shall be responsible for maintaining all
					 housing facilities in a structurally sound condition that prevents infestation
					 by rodents, flies, cockroaches, mosquitoes, bats and other vermin.
(b) Drainage. All backstretch worker housing
					 facilities shall be well drained and be free of depressions where water may
					 pool and stagnate. The site or sites shall be located where disposal of sewage
					 can be provided in a safe, sanitary manner that neither creates nor is likely
					 to create a public health nuisance or health hazard.
(c) Clean and sanitary condition. The grounds
					 of backstretch worker housing shall be maintained in a clean and sanitary
					 condition and be free of noxious plants. Driveways and access roads shall be
					 maintained to allow free and safe vehicular access to the property.
(d) Storage of dangerous materials. No
					 flammable or volatile liquids or materials shall be stored in or adjacent to
					 rooms used for backstretch worker housing, except for those needed for current
					 household use. Agriculture chemicals including pesticides shall not be stored
					 in a housing area.
(e)
					 Contamination. Whenever the buildings of a racetrack operator are contaminated,
					 or suspected of being contaminated by hazardous materials, chemicals or
					 pesticides, the occupancy or use of the housing facilities may be restricted by
					 the commission until required decontamination and/or corrective actions are
					 completed.
(f) Reporting. Each
					 racetrack operator shall have the affirmative responsibility to report to the
					 commission in writing any injury, serious illness, death or fire occurring at
					 or within backstretch worker housing. Such reporting shall be made immediately
					 when practicable, but in no case later than 24 hours following the reportable
					 issue.
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 I - Housing › Part 4560 - Backstretch Worker Housing › Section 4560.5 - Housing standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Buildings. All buildings provided by racetrack operators for sleeping shall
					 have each of the following:
(1) a floor that
					 is constructed of smooth, readily cleanable, durable material such as sealed
					 concrete, close-grained wood or composition material;
(2) a minimum ceiling height of at least
					 seven feet;
(3) adequate natural
					 light and ventilation in all common use rooms and areas. Adequate artificial
					 lighting and mechanical ventilation may be provided in lieu of natural light
					 and ventilation in toilet rooms and shower rooms;
(4) at least one separate wall-type electric
					 duplex outlet in addition to the required electric light fixture in each
					 bathroom, washroom, laundry room and eating space. All electrical components,
					 wiring and appliances shall be properly installed and maintained in accordance
					 with applicable state or local building codes and the National Electric
					 Code;
(5) at least two exits from
					 each occupied floor. Where sleeping rooms are located above the ground floor,
					 at least one outside exit from each floor above the ground floor is required.
					 Any stairway extending beyond two occupied floors in a building shall have
					 tight-fitting, self-closing doors that have a minimum three quarter-hours fire
					 rating at each floor level. The doors shall swing in the direction of exit
					 travel. For buildings with room access from within enclosed space, stairways
					 shall be enclosed within smoke-tight walls;
(6) a type 2A rated fire extinguisher in a
					 readily accessible location not more than 100 feet from each housing
					 facilities. In addition, a minimum of a type 5BC rated extinguisher shall be
					 provided within 30 feet of all rooms containing cooking facilities. Any
					 extinguisher with an equivalent ABC rating may also be provided; and
(7) smoke detection devices that are designed
					 adequately, installed and maintained in compliance with General Business Law
					 section 399-c cc.
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 I - Housing › Part 4560 - Backstretch Worker Housing › Section 4560.6 - New construction requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Notification. No backstretch worker housing, or any portion thereof, shall be
					 constructed or enlarged for occupancy or use, and no property shall be
					 converted for occupancy or used as backstretch worker housing, without the
					 executive director being first notified in writing. The required notice of
					 construction, enlargement or conversion shall be submitted on a form, approved
					 by the executive director, at least 30 days prior to beginning such
					 construction. The notice may be supplemented by such further information, plans
					 or specifications as the executive director may require.
(b) Code requirements. All new construction
					 and alterations, enlargements, conversions or relocation of mobile homes, shall
					 conform with the Uniform Code. A certificate of occupancy, or equivalent
					 documentation to certify the construction was completed in conformance with the
					 Uniform Code requirements, shall be obtained prior to occupancy and be
					 available for review on request by the executive director.
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 I - Housing › Part 4560 - Backstretch Worker Housing › Section 4560.7 - Sanitary facility requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Shower
					 facilities. Shower facilities, separate for each sex, shall be provided. There
					 shall be:
(1) at least one shower head
					 provided for every 15 residents, or fraction thereof;
(2) an adequate supply of tempered water or
					 both hot and cold running water at every shower head;
(3) floors constructed and maintained with
					 non-absorbent, non-skid materials and sloped to floor drains; and
(4) adequate, dry dressing space in common
					 use facilities.
Separate facilities for each sex are not required when
						the facilities are located in individual housing units.
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 I - Housing › Part 4560 - Backstretch Worker Housing › Section 4560.8 - Provision for laundry facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Mechanical clothes washers, laundry trays, tubs and sinks
						shall be provided in the ratio of at least 1 for every 50 residents or fraction
						thereof. Such facilities also shall have adequate provisions for drying
						clothes.
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 I - Housing › Part 4560 - Backstretch Worker Housing › Section 4560.9 - Garbage; refuse

Current through Register Vol. 46, No. 28, July 10, 2024
An adequate number of covered storage receptacles shall
						be provided and readily available for the storage of garbage and refuse. Such
						garbage and refuse shall be removed in a timeframe to ensure that no
						accumulation outside the covered storage receptacles is required. The storage
						receptacles shall be constructed of durable, cleanable materials and be
						maintained in a sanitary condition and in good repair. Garbage and refuse shall
						not be allowed to accumulate on the surface of the ground.