N.Y. Comp. Codes R. & Regs. tit. 9 § 4002.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 4002.9 - Grounds for refusal, suspension, revocation

(a) The commission may refuse to issue or renew a license, or may suspend or revoke a license if it shall find that the applicant or any person who is a partner, agent, employee or associate of the applicant has been convicted of a crime in any jurisdiction, or is or has been associating or consorting with any person who has or persons who have been convicted of a crime or crimes in any jurisdiction or jurisdictions, or is consorting or associating with or has consorted or associated with bookmakers, touts or persons of similar pursuits, or has himself engaged in similar pursuits, or is financially irresponsible, or has been guilty of or attempted any fraud or misrepresentation in connection with racing, breeding or otherwise, or has violated or attempted to violate any law with respect to racing in any jurisdiction or any rule, regulation or order of the commission, or shall have violated any rule of racing that shall have been approved or adopted by the commission or has been guilty of or engaged in similar, related or like practices. Furthermore, the commission may refuse to issue or renew a license, or may suspend or revoke a license if, in the opinion of the commission, the refusal to issue or renew a license or the suspension or revocation of a license is necessary to protect the public health, safety or welfare.

(b) The stockholders, members or beneficiaries of any lessor corporation, syndicate, partnership, estate, trust or other legal entity that leases horses or designates a managing owner, for racing purposes in the State of New York, as well as such entity, shall make and file with the commission as and when requested by the commission, a report or reports under oath containing such information as the commission may specify. Upon refusal or failure to file any such report or reports, the commission may disqualify any horses in which such entity has a property interest from racing or may refuse a license to any lessee or designee of such corporation, syndicate, partnership or other entity or may revoke any such license that it may have granted.

(c) In addition to the commission's powers to suspend or revoke a license or as an alternative to the exercise of any such powers, the commission may impose such civil penalty as may be prescribed by law.

(d) A denial of or refusal to issue a license shall be subject to adjudication in accordance with Racing, Pari-Mutuel Wagering and Breeding Law section 220 and the provisions of Part 4550 of this Chapter.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4002.9

Amended New York State Register July 20, 2022/Volume XLIV, Issue 29, eff. 7/20/2022