US Laws, Codes, Statutes & Cases

 
    §  522.  Suspension of approval. 1. The board 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 fail 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
  board  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 sections two hundred twenty-two through seven hundred five
  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 board shall determine to suspend approval  of  any  plan  of
  operation  it shall give the regional corporation involved notice of the
  time and place for a hearing before the board, at which the  board  will
  hear  such  regional  corporation  in  reference  thereto. The board 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 board may be represented by its own  counsel  or  by
  the attorney general. In the conduct of such hearing the board shall not
  be bound by technical rules of evidence, but all evidence offered before
  the  board  shall be reduced to writing, and such evidence together with
  the exhibits, if any, and the findings of the board shall be permanently
  preserved and shall constitute the record of the board in such case. The
  board may, if occasion shall require, by order, refer to one or more  of
  its  members,  the duty of taking testimony in such matter and to report
  thereon to the board, but no determination shall be made therein  except
  by  the  board.  Within  thirty days after such hearing, the board shall
  make a final determination. If  it  determines  that  such  approval  be
  suspended,  it  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  board  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 board 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 board
  following the hearing; provided, however, that no suspension of approval
  pursuant  to  this  subdivision shall be for a period longer than twenty
  days.