N.Y. Comp. Codes R. & Regs. tit. 9 § 5329.36

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

Section 5329.36 - Suspension, fines, revocation and other discipline

(a)Discipline.

Consistent with existing commission authority, the commission may suspend or revoke a sports pool license, sports pool vendor license or a gaming vendor license, or fine or otherwise discipline an operator or gaming vendor licensee for any reason or combination of reasons set forth in this subdivision:

(1) violations of article 13 of the Racing, Pari-Mutuel Wagering and Breeding Law, this Title or any other applicable law or regulation;

(2) failure to comply with instructions of the commission concerning a licensed activity;

(3) conviction of any:

(i) felony offense, as such term as defined in Penal Law section 10.00(5), or an equivalent offense committed in another jurisdiction;

(ii) a misdemeanor related to gambling, gaming, bribery, fraud or any other offense prejudicial to public confidence;

(4) failure to file any returns or reports, keep records or to pay any fee or submit revenue as may be required;

(5) fraud, deceit, misrepresentation or conduct prejudicial to public confidence in gaming;

(6) whenever the commission finds that the operator's experience, character, and general fitness are such that participation in operating a sports pool is inconsistent with the public interest or convenience; or

(7) for any other reason within the discretion of the commission.

(b)Opportunity to be heard.

The commission shall allow an operator or sports pool vendor an opportunity to be heard before imposing any discipline pursuant to this section. An operator or sports pool vendor that has been disciplined pursuant to this section may request a de novo hearing before a hearing officer, with the matter to be decided by the commission.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5329.36

Adopted New York State Register June 26, 2019/Volume XLI, Issue 26, eff. 6/26/2019