N.Y. Comp. Codes R. & Regs. tit. 9 § 5303.14

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

Section 5303.14 - Application and employment after denial or revocation

(a) Any natural person whose license, registration or application was denied, suspended or revoked by the commission on the basis of any of the following provisions may reapply at any time after the failure or disqualification is cured:

(1) failure to demonstrate financial stability, after which reapplication is permitted only upon achieving financial stability;

(2) failure to satisfy the age requirement, after which reapplication is permitted only upon attaining the requisite age;

(3) if the commission has determined to deny a license or registration application or suspend or revoke a license or registration based upon a pending disposition of a criminal offense, reapplication is permitted upon disposition of the pending charge;

(4) if the commission has determined to deny a license or registration application or suspend or revoke a license or registration based upon the relation of the criminal history of the applicant and the employment position sought with the gaming facility, reapplication is permitted if a different employment position is sought to which the applicant's criminal history might not provide a basis for denial of the application; and

(5) any statutory or regulatory provision that is subsequently or modified, after which reapplication is permitted only upon a showing that the subsequent repeal or modification of the statutory or regulatory provision obviates the grounds for denial or revocation and justifies the conclusion that the prior determination should not be a basis for denying a license or registration application;

(b) Any person seeking to reapply pursuant to subdivision (a) of this section shall file with the commission a petition stating with particularity how the failure or basis for disqualification has been cured.

(c) Except as otherwise set forth in this Part, any person whose application has been denied or whose license or registration has been revoked may reapply after one year. The reapplication shall include submission of sufficient evidence demonstrating that the factual circumstances upon which the denial or revocation was based have been cured to the satisfaction of the commission.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5303.14

Adopted New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff.9/30/2015

Amended New York State Register October 12, 2016/Volume XXXVIII, Issue 41, eff.10/12/2016

Amended New York State Register December 28, 2022/Volume XLIV, Issue 52, eff. 12/28/2022