Section 522 - Suspension of approval1. The commission may suspend its approval of any plan of operation if the regional corporation whose plan of operation has been approved or its officers or directors fails to conduct off-track pari-mutuel betting on horse races in accordance with the provisions of the plan of operation, with the applicable rules of the commission or with the provisions of this article, article five and article six of this chapter, as the case may be; or if such corporation or its officers or directors shall knowingly permit on any of its premises lotteries, pool-selling or bookmaking or any other kind of gambling, in violation of this chapter or of the penal law. Suspension shall continue for the period necessary to remedy the situation or condition requiring such suspension. 2. If the commission suspends approval of any plan of operation the commission shall give the regional corporation involved notice of the time and place for a hearing before the commission, at which the commission shall hear such regional corporation in reference thereto. The commission may continue such hearing from time to time for the convenience of all parties. Any of the parties affected by such hearing may be represented by counsel, and the commission may be represented by its own counsel or by the attorney general. In the conduct of such hearing the commission shall not be bound by technical rules of evidence, but all evidence offered before the commission shall be reduced to writing, and such evidence together with the exhibits, if any, and the findings of the commission shall be permanently preserved and shall constitute the record of the commission in such case. Within thirty days after such hearing, the commission shall make a final determination. Such hearing may be presided over by the chair of the commission or by any member or an officer of the commission designated by the chair in writing to act as hearing officer and such person or persons may issue subpoenas for witnesses and administer oaths to witnesses. The hearing officer, at the conclusion of the hearing, shall make findings, which, if concurred in by a majority of a quorum of the commission, shall become the findings of the commission. If the commission determines that such approval is suspended, the commission shall make an order accordingly and shall cause such order to be entered on its minutes and a copy thereof served on such regional corporation. The action of the commission in suspending such approval shall be reviewable in the supreme court in the manner provided by the provisions of article seventy-eight of the civil practice law and rules.3. The commission may suspend approval of any plan of operation for a reason set forth in subdivision one of this section as of the delivery to the regional corporation of the notice of hearing required by subdivision two of this section pending final determination of the commission following the hearing; provided, however, that no suspension of approval pursuant to this subdivision shall be for a period longer than twenty days.4. The commission, in addition to its power to suspend or revoke plans of operation approved or licenses granted by it, is hereby authorized and empowered to impose monetary fines upon any corporation, association or person participating in any way in off-track betting on which pari-mutuel betting is conducted, other than as a patron, and whether licensed by the commission or not, for violation of any provisions of this chapter, or the rules promulgated by the commission pursuant thereto, or an approved plan of operation, not exceeding fifty thousand dollars for each violation. The commission is further authorized and empowered to impose monetary fines, not exceeding fifty thousand dollars for each violation, upon any such corporation, association or person for a violation of any order issued by the commission pursuant to the provisions of this chapter or the rules promulgated by the commission pursuant thereto, provided that a copy of such order shall have been served either personally or by certified mail, upon the corporation, association or person to whom the same was directed, prior to the occurrence of the violation for which such fine is imposed. The commission shall impose such monetary fines, subject to the notice and hearing provisions of the state administrative procedure act. Such fines shall be paid into the state treasury. The action of the commission in imposing any monetary fine shall be reviewable in the supreme court in the manner provided by and subject to the provisions of article seventy-eight of the civil practice law and rules.N.Y. Rac. Pari-Mut. Wag. and Breed. Law § 522
Amended by New York Laws 2020, ch. 243,Sec. 100, eff. 10/7/2020.