N.Y. Comp. Codes R. & Regs. tit. 9 § 4119.7

Current through Register Vol. 46, No. 16, April 17, 2024

Section 4119.7 - Misconduct and association with undesirables

(a) The commission may impose the penalties as prescribed by law if it finds that any licensee or other person subject to the jurisdiction of the commission:

(1) is associating, consorting or negotiating with bookmakers, touts or other persons of similar pursuits;

(2) is associating, consorting or negotiating with persons who have been convicted of a crime;

(3) is guilty of any fraud or has attempted any fraud or misrepresentation in connection with racing, breeding or otherwise;

(4) has violated any law, rule or regulation with respect to racing in any jurisdiction; or

(5) has violated any rule, regulation or order of the commission.

(b) The commission may impose the penalties as prescribed by law if the commission finds that the experience, character or general fitness of any person is such that the participation by such person in harness racing or related activities would be inconsistent with the public interest, convenience or necessity or with the best interests of racing generally.

(c) If any licensee shall be approached with an offer or promise of a bribe or with a request or a suggestion for a bribe or for any improper, corrupt or fraudulent act or practice in relation to a race or racing or with a suggestion that any race be conducted otherwise than in accordance with the rules and regulations of this commission, it shall be the duty of such licensee or person to report such suggestion, offer, promise or bribe immediately to the commission. Failure to so report shall subject such person or persons to the penalties prescribed by law.

(d) Duty to give evidence. It shall be the duty of each licensee to report promptly when requested or ordered to do so by any official of the commission in furtherance of an investigation or hearing and to testify under oath concerning any facts within the licensee's knowledge and produce any books, records, written matter or other evidence within the licensee's possession or control relevant to such matter.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4119.7