S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9974
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Racing and Wagering
 
 AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
   relation to commission hearings of racetrack ejectments and denials of
   access of commission licensees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 321 of the racing, pari-mutuel wagering and  breed-
 ing law is amended to read as follows:
   §  321.  Hearing  of  refusal or revocation of license OR EJECTMENT OR
 DENIAL OF ACCESS OF LICENSEE IN GOOD STANDING.  If the state [racing and
 wagering board] GAMING  COMMISSION  shall  refuse  to  grant  a  license
 applied  for under sections two hundred twenty-two through seven hundred
 five of this chapter, or shall revoke or suspend such a license  granted
 by  it,  or  shall  impose a monetary fine upon a participant in harness
 racing, OR ANY CORPORATION OR ASSOCIATION CREATED UNDER  OR  SUBJECT  TO
 THE  PROVISIONS  OF THIS CHAPTER LICENSED TO CONDUCT PARI-MUTUEL HARNESS
 MEETS SHALL EJECT OR DENY ACCESS TO  A  LICENSEE  FROM  THE  GROUNDS  OF
 AND/OR  PARTICIPATION  IN  A  PARI-MUTUEL HARNESS MEET, the applicant or
 licensee or party fined may demand, within ten days after notice of  the
 said  act of the [board] COMMISSION, CORPORATION OR ASSOCIATION, a hear-
 ing before the [board] COMMISSION and the [board] COMMISSION shall  give
 prompt  notice of a time and place for such hearing at which the [board]
 COMMISSION will hear such applicant or licensee or party fined in refer-
 ence thereto.  Pending such hearing and final determination thereon, the
 action of the [board] COMMISSION in refusing to grant or in revoking  or
 suspending a license or in imposing a monetary fine shall remain in full
 force  and  effect,  BUT  A  LICENSEE  EJECTED OR DENIED ACCESS SHALL BE
 PERMITTED ACCESS TO THE GROUNDS OF AND/OR PARTICIPATION IN A PARI-MUTUEL
 HARNESS MEET PENDING FINAL DETERMINATION BY THE COMMISSION ON HIS OR HER
 APPEAL FOR A HEARING.  The [board] COMMISSION may continue such  hearing
 from  time to time for the convenience of any of the parties. Any of the
 parties affected by such hearing may be represented by counsel, and  the
 [board]  COMMISSION may be represented by the attorney general, a deputy
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07479-01-9

 A. 9974                             2

 attorney general or its counsel. In the  conduct  of  such  hearing  the
 [board]  COMMISSION  shall  not be bound by technical rules of evidence,
 but all evidence offered before the [board] COMMISSION shall be  reduced
 to  writing,  and  such evidence together with the exhibits, if any, and
 the findings of the [board] COMMISSION, shall be  permanently  preserved
 and  shall constitute the record of the [board] COMMISSION in such case.
 In connection with such hearing, each member of the  [board]  COMMISSION
 shall  have the power to administer oaths and examine witnesses, and may
 issue subpoenas to compel attendance of witnesses, and the production of
 all material and relevant reports, books, papers, documents, correspond-
 ence and other evidence. The [board] COMMISSION may, if  occasion  shall
 require,  by order, refer to one or more of its members or officers, the
 duty of taking testimony in such matter, and to report  thereon  to  the
 [board] COMMISSION, but no determination shall be made therein except by
 the [board] COMMISSION.  Within thirty days after the conclusion of such
 hearing,  the  [board]  COMMISSION  shall make a final order in writing,
 setting forth the reasons for the action taken by it and a copy  thereof
 shall  be  served  on  such applicant or licensee or party fined, as the
 case may be.  IN THE CASE OF AN EJECTMENT  OR  DENIAL  OF  ACCESS  OF  A
 LICENSEE,  THE  RESPECTIVE  CORPORATION  OR  ASSOCIATION  SHALL HAVE THE
 BURDEN OF PROOF TO ESTABLISH THAT THE PRESENCE AND PARTICIPATION OF  THE
 LICENSEE IS DETRIMENTAL TO THE BEST INTERESTS OF RACING OR TO THE ORDER-
 LY  CONDUCT  OF  A  RACE  MEET.  The action of the [board] COMMISSION in
 refusing to grant a license or in revoking or suspending a license or in
 imposing a monetary fine,  OR  AFFIRMING,  MODIFYING  OR  REVERSING  THE
 EJECTMENT  OR DENIAL OF ACCESS OF A LICENSEE, shall be reviewable in the
 supreme court in the manner provided by the provisions of article seven-
 ty-eight of the civil practice law and rules.
   § 2. This act shall take effect immediately.