STATE OF NEW YORK
________________________________________________________________________
1591
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Racing and Wagering
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to commission hearings of racetrack ejectments and denials of
access of commission licensees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 321 of the racing, pari-mutuel wagering and breed-
2 ing law, as amended by chapter 243 of the laws of 2020, is amended to
3 read as follows:
4 § 321. Hearing of refusal or revocation of license or ejectment or
5 denial of access of licensee in good standing. If the gaming commission
6 refuses to grant a license applied for under sections two hundred twen-
7 ty-two through seven hundred five of this chapter, or revokes or
8 suspends such a license granted by it, or imposes a monetary fine upon a
9 participant in harness racing, or any corporation or association created
10 under or subject to the provisions of this chapter licensed to conduct
11 pari-mutuel harness meets shall eject or deny access to a licensee from
12 the grounds of and/or participation in a pari-mutuel harness meet, the
13 applicant or licensee or party fined may demand, within ten days after
14 notice of such act of the commission, corporation or association, a
15 hearing before the commission and the commission shall give prompt
16 notice of a time and place for such hearing at which the commission will
17 hear such applicant or licensee or party fined in reference thereto.
18 Pending such hearing and final determination, the action of the commis-
19 sion in refusing to grant or in revoking or suspending a license or in
20 imposing a monetary fine shall remain in full force and effect, but a
21 licensee ejected or denied access shall be permitted access to the
22 grounds of and/or participation in a pari-mutuel harness meet pending
23 final determination by the commission on his or her appeal for a
24 hearing. The commission may continue such hearing from time to time for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06736-01-1
A. 1591 2
1 the convenience of any of the parties. Any of the parties affected by
2 such hearing may be represented by counsel, and the commission may be
3 represented by the attorney general, a deputy attorney general or its
4 counsel. In the conduct of such hearing the commission shall not be
5 bound by technical rules of evidence, but all evidence offered before
6 the commission shall be reduced to writing, and such evidence together
7 with the exhibits, if any, and the findings of the commission, shall be
8 permanently preserved and shall constitute the record of the commission
9 in such case. In connection with such hearing, each member of the
10 commission shall have the power to administer oaths and examine
11 witnesses, and may issue subpoenas to compel attendance of witnesses,
12 and the production of all material and relevant reports, books, papers,
13 documents, correspondence and other evidence. The commission may, if
14 occasion shall require, by order, refer to one or more of its members or
15 officers, the duty of taking testimony in such matter, and to report
16 thereon to the commission, but no determination shall be made therein
17 except by the commission. Within thirty days after the conclusion of
18 such hearing, the commission shall make a final order in writing,
19 setting forth the reasons for the action taken by it and a copy thereof
20 shall be served on such applicant or licensee or party fined, as the
21 case may be. In the case of an ejectment or denial of access of a licen-
22 see, the respective corporation or association shall have the burden of
23 proof to establish that the presence and participation of the licensee
24 is detrimental to the best interests of racing or to the orderly conduct
25 of a race meet. The action of the commission in refusing to grant a
26 license or in revoking or suspending a license or in imposing a monetary
27 fine, or affirming, modifying or reversing the ejectment or denial of
28 access of a licensee, shall be reviewable in the supreme court in the
29 manner provided by the provisions of article seventy-eight of the civil
30 practice law and rules.
31 § 2. This act shall take effect immediately.
