2006 New York Code - Regulatory Fees.

 
    §  111.  Regulatory fees. 1. Payment of the regulatory fees imposed by
  this chapter shall be made to the board by each entity required to  make
  such payments on the last business day of each month and shall cover the
  fees  due  for  the period from the sixteenth day of the preceding month
  through the fifteenth day of the current month,  provided  however  that
  all  such  payments  required  to  be  made  on March thirty-first shall
  include all fees due and accruing through the last full week  of  racing
  of the current year or as otherwise determined by the board and shall be
  accompanied  by  a  report  under  oath, showing such information as the
  board may require. A penalty of five percent, and interest at  the  rate
  of  one  percent  per  month  from the date the report is required to be
  filed to the date of the payment of the fee shall be payable in case any
  fee imposed by  this  chapter  is  not  paid  when  due.  If  the  board
  determines  that  any  regulatory fees received by it under this chapter
  were paid in error, the board may cause the same to be refunded  without
  interest out of any monies collected thereunder, provided an application
  therefor  is  filed  with  the  board  within one year from the time the
  erroneous payment is made.
    2. The board or its duly authorized  representatives  shall  have  the
  power  to  examine or cause to be examined the books and records of each
  entity required to pay the regulatory fee imposed by  this  chapter  for
  the  purpose of examining and checking the same and ascertaining whether
  or not the proper amount or amounts  due  are  being  paid.  If  in  the
  opinion  of  the  board,  after  such  examination,  any  such report is
  incorrect, the board is authorized to issue  an  assessment  fixing  the
  correct  amount of such fee. Such assessments may be issued within three
  years from the filing of any report. Any such assessment shall be  final
  and  conclusive  unless  an  application  for  a hearing is filed by the
  reporting entity within thirty days of the assessment. The action of the
  board in making such final assessment 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.
    3. The board shall submit to the  director  of  the  division  of  the
  budget  an  annual plan that details the amount of money the board deems
  necessary to maintain the operations, compliance and enforcement of  the
  provisions  of this chapter. Contingent upon approval of the director of
  the division of the budget, the board shall pay into an account,  to  be
  known  as  the racing regulation account, under the joint custody of the
  comptroller and the board, the  total  amount  of  the  regulatory  fees
  collected pursuant to this chapter. With the approval of the director of
  the  budget,  monies to be utilized to maintain the operations necessary
  to implement the provisions of this chapter shall be paid  out  of  such
  account  on  the  audit  and  warrant  of  the  comptroller  on vouchers
  certified and approved by the director of the division of the budget  or
  his duly designated official.