S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    844
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 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,  as  amended by chapter 243 of the laws of 2020, 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 GAMING commission
 refuses to grant a license applied for under sections two hundred  twen-
 ty-two  through  seven  hundred  five  of  this  chapter,  or revokes or
 suspends such a license granted by it, or imposes 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 such act of the  commission,  CORPORATION  OR  ASSOCIATION,  a
 hearing  before  the  commission  and  the  commission shall give prompt
 notice of a time and place for such hearing at which the commission will
 hear such applicant or licensee or party  fined  in  reference  thereto.
 Pending  such hearing and final determination, the action of the commis-
 sion 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 commission may continue such hearing from time to time for
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03872-01-3
              

 A. 844                              2
 
 the convenience of any of the parties. Any of the  parties  affected  by
 such  hearing  may  be represented by counsel, and the commission may be
 represented by the attorney general, a deputy attorney  general  or  its
 counsel.  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. In connection  with  such  hearing,  each  member  of  the
 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, correspondence and other evidence.  The  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 commission, but no determination shall  be  made  therein
 except  by  the  commission.  Within thirty days after the conclusion of
 such hearing, the 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 LICEN-
 SEE,  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 ORDERLY CONDUCT
 OF  A  RACE  MEET.  The  action of the 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 seventy-eight of the  civil
 practice law and rules.
   § 2. This act shall take effect immediately.