§ 522. Suspension of approval. 1. The commission may suspend its
approval of any plan of operation if the regional corporation whose plan
of operation has been approved or its officers or directors fails to
conduct off-track pari-mutuel betting on horse races in accordance with
the provisions of the plan of operation, with the applicable rules of
the commission or with the provisions of this article, article five and
article six of this chapter, as the case may be; or if such corporation
or its officers or directors shall knowingly permit on any of its
premises lotteries, pool-selling or bookmaking or any other kind of
gambling, in violation of this chapter or of the penal law. Suspension
shall continue for the period necessary to remedy the situation or
condition requiring such suspension.

2. If the commission suspends approval of any plan of operation the
commission shall give the regional corporation involved notice of the
time and place for a hearing before the commission, at which the
commission shall hear such regional corporation in reference thereto.
The commission may continue such hearing from time to time for the
convenience of all parties. Any of the parties affected by such hearing
may be represented by counsel, and the commission may be represented by
its own counsel or by the attorney general. 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. Within
thirty days after such hearing, the commission shall make a final
determination. Such hearing may be presided over by the chair of the
commission or by any member or an officer of the commission designated
by the chair in writing to act as hearing officer and such person or
persons may issue subpoenas for witnesses and administer oaths to
witnesses. The hearing officer, at the conclusion of the hearing, shall
make findings, which, if concurred in by a majority of a quorum of the
commission, shall become the findings of the commission. If the
commission determines that such approval is suspended, the commission
shall make an order accordingly and shall cause such order to be entered
on its minutes and a copy thereof served on such regional corporation.
The action of the commission in suspending such approval 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.

3. The commission may suspend approval of any plan of operation for a
reason set forth in subdivision one of this section as of the delivery
to the regional corporation of the notice of hearing required by
subdivision two of this section pending final determination of the
commission following the hearing; provided, however, that no suspension
of approval pursuant to this subdivision shall be for a period longer
than twenty days.

4. The commission, in addition to its power to suspend or revoke plans
of operation approved or licenses granted by it, is hereby authorized
and empowered to impose monetary fines upon any corporation, association
or person participating in any way in off-track betting on which
pari-mutuel betting is conducted, other than as a patron, and whether
licensed by the commission or not, for violation of any provisions of
this chapter, or the rules promulgated by the commission pursuant
thereto, or an approved plan of operation, not exceeding fifty thousand
dollars for each violation. The commission is further authorized and
empowered to impose monetary fines, not exceeding fifty thousand dollars
for each violation, upon any such corporation, association or person for
a violation of any order issued by the commission pursuant to the
provisions of this chapter or the rules promulgated by the commission
pursuant thereto, provided that a copy of such order shall have been
served either personally or by certified mail, upon the corporation,
association or person to whom the same was directed, prior to the
occurrence of the violation for which such fine is imposed. The
commission shall impose such monetary fines, subject to the notice and
hearing provisions of the state administrative procedure act. Such fines
shall be paid into the state treasury. The action of the commission in
imposing any monetary fine shall be reviewable in the supreme court in
the manner provided by and subject to the provisions of article
seventy-eight of the civil practice law and rules.