Moneys received by the commission pursuant to this article may within one year from the receipt thereof be refunded to the party for whose account the same were received on proof satisfactory to the commission that:
Such refunds shall, upon approval by the commission and after audit by the comptroller, be paid from any moneys in the custody of the department received pursuant to this article.
N.Y. Rac. Pari-Mut. Wag. and Breed. Law § 311