N.Y. Comp. Codes R. & Regs. tit. 9 § 4101.41

Current through Register Vol. 46, No. 50, December 11, 2024

Section 4101.41 - Reimbursement for racing officials

(a) All licensed racing corporations shall reimburse the commission for the per diem cost to the commission to employ one associate judge and the starter at and in relation to racing meetings conducted by the licensed racing corporation. Reimbursement shall include the per diem rate accorded to the title as well as fringe benefits and any indirect costs attributable to the position.

(b) The commission shall notify each licensed racing corporation of the costs to be reimbursed prior to the beginning of each month.

(c) Payment of the reimbursement shall be made to the commission no later than the last business day of each month and shall be accompanied by a report, under oath, on a form prescribed by the commission. The report shall contain such information as the commission may require.

(d) A penalty of five percent of the payment due with interest at the rate of one percent per month calculated from the last business date of the month when payment is due to the date of payment shall be payable in the event that any reimbursement or part thereof is not paid when due.

(e) The commission or the commission's duly authorized representatives shall have the power to examine or cause to be examined the books and records of the corporations required to provide the reimbursement for the purpose of examining and checking the same and ascertaining whether the proper amounts are being paid.

(f) If the commission determines that any reimbursement received by it was paid in error or exceeded the actual amount required, the commission may cause the same to be refunded without interest out of the monies collected or credited to the racing corporation, provided an application for such a refund is filed with the commission within one year from the date the incorrect payment was made.

(g) If the commission determines that any reimbursement received by the commission was insufficient due to an increase in racing days or other circumstance, the commission shall direct the racing corporation to provide for such reimbursement by notifying the racing corporation of the obligation and requiring payment by issuance of an assessment fixing the correct amount. Such assessment may be issued within three years from the filing of any report. Any such assessment shall be final and conclusive unless an application for a hearing is filed by the racing corporation within 30 days of the date of the assessment. The action of the commission in making such final assessment shall be reviewable in the supreme court in the manner provided by and subject to the provisions of article 78 of the Civil Practice Law and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4101.41