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This entry was published on 2020-10-16
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SECTION 220
Licenses for participants and employees at race meetings
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 2
§ 220. Licenses for participants and employees at race meetings. 1.
For the purpose of maintaining a proper control over race meetings
conducted pursuant to sections two hundred five and two hundred six of
this article, the commission shall license owners, which term shall be
deemed to include part-owners and lessees, trainers, assistant trainers
and jockeys, jockey agents, stable employees, and such other persons as
the commission may by rule prescribe at running races and at
steeplechases, provided, however, that no such license shall be required
for seasonal employees hired solely to work for no longer than six weeks
during the summer meet at Saratoga racetrack. In the event that a
proposed licensee is other than a natural person, the commission shall
require by regulation disclosure of the names and addresses of all
owners of an interest in such entity. The commission may retain, employ
or appoint such officers, employees and agents, as it may deem necessary
to receive, examine and make recommendations, for the consideration of
the commission, in respect of applications for such licenses; prescribe
their duties in connection therewith, and fix their compensation
therefor within the limitations prescribed by law. Each applicant for a
license shall pay to the commission an annual license fee as follows:
owner's license, if a renewal, fifty dollars, and if an original
application, one hundred dollars; trainer's license, thirty dollars;
assistant trainer's license, thirty dollars; jockey's license, fifty
dollars; jockey agent's license, twenty dollars; and stable employee's
license, five dollars. Each applicant may apply for a two-year or
three-year license by payment to the commission of the appropriate
multiple of the annual fee. The commission may by rule fix the license
fees to be paid by other persons required to be licensed by the rules of
the commission, not to exceed thirty dollars per category. The
application for the license shall be in writing in such form as the
commission may prescribe, and contain such information as the commission
may require. The commission shall henceforth cause all applicants for
licenses to be photographed and fingerprinted and may issue
identification cards to licensees. Such fingerprints shall be submitted
to the division of criminal justice services for a state criminal
history record check, as defined in subdivision one of section three
thousand thirty-five of the education law, and may be submitted to the
federal bureau of investigation for a national criminal history record
check. A fee equal to the actual cost of issuance shall be charged for
the initial issuance of such identification cards. Each such license
unless revoked for cause shall be for the period of no more than one,
two or three years, determined by rule of the commission, expiring on
the applicant's birth date. Licenses current on the effective date of
this provision shall not be reduced in duration by this provision. An
applicant who applies for a license that, if issued, would take effect
less than six months prior to the applicant's birth date may, by payment
of a fifty percent higher fee, receive a license which shall not expire
until the applicant's second succeeding birth date. All receipts of the
commission derived from the operation of this section shall be paid by
it into the state treasury on or before the tenth day of each month. All
officials connected with the actual conduct of racing shall be subject
to approval by the commission.

2. If the commission finds that the financial responsibility,
experience, character and general fitness of the applicant are such that
the participation of such person will be consistent with the public
interest, convenience or necessity and with the best interests of racing
generally in conformity with the purposes of this article, the
commission shall thereupon grant a license. If the commission finds that
the applicant fails to meet any of said conditions, it shall not grant
such license and it shall notify the applicant of the denial.

The commission may refuse to issue or renew a license, or may suspend
or revoke a license issued pursuant to this section, if the commission
finds that the applicant, or any person who is a partner, agent,
employee or associate of the applicant, has been convicted of a crime in
any jurisdiction, or is or has been associating or consorting with any
person who has or persons who have been convicted of a crime or crimes
in any jurisdiction or jurisdictions or is consorting or associating
with or has consorted or associated with bookmakers, touts, or persons
of similar pursuits, or has himself or herself engaged in similar
pursuits, or is financially irresponsible, or has been guilty of or
attempted any fraud or misrepresentation in connection with racing,
breeding, or otherwise, or has violated or attempted to violate any law
with respect to racing in any jurisdiction or any rule, regulation or
order of the commission, or shall have violated any rule of racing which
shall have been approved or adopted by the commission, or has been
guilty of or engaged in similar, related or like practices.

3. No license shall be revoked unless such revocation is by commission
determination upon a meeting of the commission. Prior to revocation or
suspension of license a licensee shall be entitled to a hearing on
notice except that summary suspension where emergency action is required
in accordance with subdivision three of section four hundred one of the
state administrative procedure act may be ordered. 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. Such hearing may
be presided over by the chair of the commission or by any member or by
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 that, if concurred in by a
majority of the commission, shall become the findings of the commission.
The action of the commission in refusing, suspending or in revoking a
license 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.

4. Within one year from the date of payment and upon the audit of the
state comptroller, monies may be refunded for any fee paid pursuant to
this section for which no license is issued or refund that portion of
the payment that is in excess of the amount prescribed by this section.