Rule Making Activities

Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. (12-W-0313SP1)

NYS Register/August 8, 2012

penalties to be assessed against licensees who have committed violations in horseracing and off-track betting. All licensees are entitled to due process protections under the State Administrative Procedure Act. There may be instances where a fine may cause financial hardship upon a licensee, but such amounts are not prescribed by the rule as much as they are imposed at the discretion of the Racing and Wagering Board. If a fine will negatively impact a job or employment opportunity, the licensee has the right to be heard and appeal to the Board, which will make the ultimate administrative determination as to whether a fine is fair and appropriate given the nature of the violation and the impact upon the licensee. This rulemaking merely conforms to the statutory levels prescribed by Chapter 240 of the Laws of 2010 and establishes the maximum amount of fines that can be imposed. It will not have a substantial impact on jobs and economic opportunities.

Racing and Wagering Board

PROPOSED RULE MAKING NO HEARING(S) SCHEDULED
Maximum Fines for Violations in Thoroughbred, Harness and Quarterhorse Racing
I.D. No. RWB-32-12-00016-P PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule: Proposed Action: This is a consensus rule making to amend sections 4022.13, 4102.3(a)(2) and 4207.29(f) of Title 9 NYCRR. Statutory authority: Racing, Pari-mutuel Wagering and Breeding Law, sections 101(1), 250, 301(1), 310, 401(1) and 410 Subject: Maximum fines for violations in thoroughbred, harness and quarterhorse racing. Purpose: To establish maximum fine amounts in accordance with statute (chapter 240 of the Laws of 2010). Text of proposed rule: Thoroughbred Rule: Section 4022.13 is amended to read as follows: In place of or in addition to the actions recited in section 4022.12 of this Part, the steward of the board is hereby authorized to impose a civil penalty in an amount not to exceed [$ 5,000] $25,000 for each violation of any of the sections of this Subchapter or for any action detrimental to the best interests of racing generally; and each day upon which such violation continues may be considered by the steward as a separate violation in assessing the amount of such civil penalty. Before imposing such civil penalty, the steward of the board shall give the other two stewards of the meeting a reasonable opportunity to submit recommendations relative to such penalty. Harness Rule: Paragraph (2) of subdivision (a) of Section 4102.3 of 9 NYCRR is amended to read as follows: (2) monetary fines not exceeding [$ 5,000] $25,000 for each violation; Quarterhorse Rule: Subdivision (f) of Section 4207.29 of 9 NYCRR is amended to read as follows: (f) A violation of this rule may result in a fine not to exceed [$ 5,000]$25,000, in a suspension, or in any other penalty as the board may impose. Text of proposed rule and any required statements and analyses may be obtained from: John J. Googas, New York State Racing and Wagering Board, One Broadway Center, Suite 600, Schenectady, New York 123052553, (518) 395-5400, email: info@racing.ny.gov Data, views or arguments may be submitted to: Same as above. Public comment will be received until: 45 days after publication of this notice. Consensus Rule Making Determination The New York State Racing and Wagering Board has determined that this proposed rulemaking is a consensus rule because it implements or conforms to non-discretionary statutory provisions of Chapter 240 of the Laws of 2010. Chapter 240 amended Racing, Pari-Mutuel Wagering and Breeding Law sections 250, 310, 410 and 1005 to increase the maximum fines imposed by the Board to $25,000. This rulemaking includes amendments that strictly conform to the statutory amendments and raise the Board's maximum fines from $5,000 to $25,000. Therefore, the Board has determined that no person is likely to object to its adoption and the rule can be adopted on an expedited basis. Job Impact Statement As is apparent from the nature and purpose of the rule, this rule amendment will not have a substantial impact on jobs and employment opportunities. These amendments are strictly tied to statute and address

22