2015 New York Laws
PML - Racing, Pari-Mutuel Wagering and Breeding Law
1107 - Powers and duties of compact committee.

NY Rac, Pari-Mut Wat & Breeding L § 1107 (2015) What's This?

1107. Powers and duties of compact committee. The compact committee is hereby granted, to carry out its purposes, the power and duty:

a. to determine which categories of participants in live racing, such as owners, trainers, jockeys, drivers, grooms, mutuel clerks, racing officials, veterinarians, farriers, or others, shall be licensed by the compact committee, and to establish the term, initial requirements, and renewal requirements for each license category. With regard to obtaining and weighing criminal history record information on each applicant, and all non-arbitrary other licensure requirements, the compact committee shall adopt licensure requirements comparable, in its judgment, to the most restrictive party state's requirements for such a license;

b. to investigate license applicants and, as permitted by federal and state law, to gather information, including criminal history records from the federal bureau of investigation and from state, local, and foreign country law enforcement agencies (including the Royal Canadian Mounted Police), necessary to decide whether an applicant meets its license requirements. Such criminal history record information may be received and reviewed only by the officials on, and employees of, the compact committee, and that information may be used only for the purposes of this compact. No such official or employee may disclose or disseminate such criminal history record information to any person or entity other than another official on, or employee of, the compact committee. The compact committee, its employees, or its designee shall take the fingerprints of each license applicant and, pursuant to P.L. 92-544 or P.L. 100-413, forward the fingerprints to a state identification bureau, the Association of Racing Commissioners, International (an association of state officials regulating pari-mutuel wagering, designated by the attorney general of the United States), or another entity with an equivalent designation, for submission to the federal bureau of investigation or other receiving law enforcement agency;

c. to issue and renew licenses for participants in live racing who are found by the compact committee to have met its licensure or renewal requirements. The compact committee shall not have the power or authority to deny a license. If it determines that an applicant will not be eligible, the compact committee shall notify the applicant that it will not be able to process his or her licensure or renewal application any further. That notification shall not constitute, and shall not be considered to be, the denial of a license. Although such applicant shall have the right to present further evidence and to be heard by the compact committee, after receiving such notification, the final decision on issuance or renewal of his or her license shall be made by the compact committee pursuant to its established requirements;

d. to enter into contracts and agreements with governmental agencies and other persons to provide personal services for its activities, and such other services as may be necessary;

e. to create, appoint, and abolish all those offices, employments, and positions (including an executive director) useful to fulfill its purposes; to prescribe their powers, duties, and qualifications; to hire persons therefor; and to provide for their term, tenure, removal, compensation, and fringe and retirement benefits, and other conditions of employment;

f. to borrow, accept, and contract for the services of personnel from any state, federal, or other governmental agency, or from any other person or entity;

g. to acquire, hold, and dispose of any real or personal property by gift, purchase, lease, license, and similar means;

h. to charge and collect a fee, whether for licensure or renewal, from each license applicant; and

i. to receive additional funds through gifts, grants, and appropriations.

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