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This entry was published on 2016-08-05
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SECTION 1403
Scope of registration review
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 14
§ 1403. Scope of registration review. 1. The commission shall
prescribe the initial form of the application for registration which
shall require, but not be limited to:

(a) the full name and principal address of the operator;

(b) if a corporation, the name of the state in which incorporated and
the full names and addresses of any partner, officer, director,
shareholder holding ten percent or more equity, and ultimate equitable
owners;

(c) if a business entity other than a corporation, the full names and
addresses of the principals, partners, shareholders holding five percent
or more equity, and ultimate equitable owners;

(d) whether such corporation or entity files information and reports
with the United States Securities and Exchange Commission as required by
section thirteen of the Securities Exchange Act of 1934, 15 U.S.C. §§
78a-78kk; or whether the securities of the corporation or entity are
regularly traded on an established securities market in the United
States;

(e) the type and estimated number of contests to be conducted
annually;

(f) a statement of the assets and liabilities of the operator.

2. The commission may require the full names and addresses of the
officers and directors of any creditor of the operator, and of those
stockholders who hold more than ten percent of the stock of the
creditor.

3. Upon receipt of an application for registration for each individual
listed on such application as an officer or director, the commission
shall submit to the division of criminal justice services a set of
fingerprints, and the division of criminal justice services processing
fee imposed pursuant to subdivision eight-a of section eight hundred
thirty-seven of the executive law and any fee imposed by the federal
bureau of investigation. Upon receipt of the fingerprints, the division
of criminal justice services shall promptly forward a set of the
individual's fingerprints to the federal bureau of investigation for the
purpose of a nationwide criminal history record check to determine
whether such individual has been convicted of a criminal offense in any
state other than New York or in a federal jurisdiction. The division of
criminal justice services shall promptly provide the requested criminal
history information to the commission. For the purposes of this section,
the term "criminal history information" shall mean a record of all
convictions of crimes and any pending criminal charges maintained on an
individual by the division of criminal justice services and the federal
bureau of investigation. All such criminal history information sent to
the commission pursuant to this subdivision shall be confidential and
shall not be published or in any way disclosed to persons other than the
commission, unless otherwise authorized by law.

4. Upon receipt of criminal history information pursuant to
subdivision three of this section, the commission shall make a
determination to approve or deny an application for registration;
provided, however, that before making a determination on such
application, the commission shall provide the subject of the record with
a copy of such criminal history information and a copy of article
twenty-three-A of the correction law and inform such prospective
applicant seeking to be credentialed of his or her right to seek
correction of any incorrect information contained in such criminal
history information pursuant to the regulations and procedures
established by the division of criminal justice services. The commission
shall deny any application for registration, or suspend, refuse to
renew, or revoke any existing registration issued pursuant to this
article, upon the finding that the operator or registrant, or any
partner, officer, director, or shareholder:

(a) has knowingly made a false statement of material fact or has
deliberately failed to disclose any information required by the
commission;

(b) has had a registration or license to offer or conduct contests
denied, suspended, or revoked in any other state or country for just
cause;

(c) has legally defaulted in the payment of any obligation or debt due
to any state or political subdivision; or

(d) has at any time knowingly failed to comply with any requirement
outlined in section fourteen hundred four of this article, any other
provision of this article, any regulations promulgated by the commission
or any additional requirements of the commission.

5. All determinations to approve or deny an application pursuant to
this article shall be performed in a manner consistent with subdivision
sixteen of section two hundred ninety-six of the executive law and
article twenty-three-A of the correction law. When the commission denies
an application, the operator shall be afforded notice and the right to
be heard and offer proof in opposition to such determination in
accordance with the regulations of the commission.