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Regula tory Impact State ment, Regul atory Flexib ilit y Analys is, RuralArea Flexib ility Anal ysis and Job I mpact Statement

Statements and analyses are not submitted with this notice because theproposed rule is within the definition contained in section 102(2)(a)(ii) ofthe State Administrative Procedure Act.(12-W-0313SP1)

Racing and Wagering Board

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

Maximum Fines for Violations in Thoroughbred, Harness andQuarterhorse Racing

I.D. No. RWB-32-12-00016-P

PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-cedure Act, NOTICE is hereby given of the following proposed rule:

Propo sed Actio n: This is a consensus rule making to amend sections4022.13, 4102.3(a)(2) and 4207.29(f) of Title 9 NYCRR.

Statut ory authori ty: 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 quar-terhorse 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 amendedto read as follows:

In place of or in addition to the actions recited in section 4022.12 of thisPart, the steward of the board is hereby authorized to impose a civil penaltyin an amount not to exceed [$ 5,000] $25,000 for each violation of any ofthe sections of this Subchapter or for any action detrimental to the bestinterests of racing generally; and each day upon which such violationcontinues may be considered by the steward as a separate violation in as-sessing the amount of such civil penalty. Before imposing such civil

penalty, the steward of the board shall give the other two stewards of themeeting a reasonable opportunity to submit recommendations relative tosuch 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 viola-tion;

Quarterhorse Rule: Subdivision (f) of Section 4207.29 of 9 NYCRR isamended 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 mayimpose.

Text of proposed rule and any required statements and analyses may beobtained from: John J. Googas, New York State Racing and WageringBoard, One Broadway Center, Suite 600, Schenectady, New York 12305-2553, (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 thisnotice.

Consensus Rule Making DeterminationThe New York State Racing and Wagering Board has determined that

this proposed rulemaking is a consensus rule because it implements orconforms to non-discretionary statutory provisions of Chapter 240 of theLaws of 2010.

Chapter 240 amended Racing, Pari-Mutuel Wagering and BreedingLaw sections 250, 310, 410 and 1005 to increase the maximum finesimposed by the Board to $25,000.

This rulemaking includes amendments that strictly conform to the statu-tory 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 toits adoption and the rule can be adopted on an expedited basis.

Job Impact Stat ement

As is apparent from the nature and purpose of the rule, this rule amend-ment will not have a substantial impact on jobs and employmentopportunities. These amendments are strictly tied to statute and address

penalties to be assessed against licensees who have committed violationsin horseracing and off-track betting. All licensees are entitled to due pro-cess 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 prescri bed by the rule as much as they areimposed at the discretion of the Racing and Wagering Board. If a fine willnegatively impact a job or employment opportunity, the licensee has theright to be heard and appeal to the Board, which will make the ultimateadministrative determination as to whether a fine is fair and appropriategiven the nature of the violation and the impact upon the licensee. Thisrulemaking merely conforms to the statutory levels prescribed by Chapter240 of the Laws of 2010 and establishes the maximum amount of finesthat can be imposed. It will not have a substantial impact on jobs and eco-nomic opportunities.

NYS Register/August 8, 2012Rule Making Activities

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