Gaming Commission

Gaming Commission Rulings Database

Licensee: LUIS C. ALVAREZ
Licensed As: TRAINER
Notice Number: MO 443-2010
Racing Type: Thoroughbred
Track: Main Office
Notice Date: 11/15/2010
Status: CLOSED
Ruling Type: Order Issued
Rule(s): 4002.8 4002.9 (a) 4002.19
Ruling Text: YOU ARE HEREBY ORDERED TO SHOW CAUSE, before the New York State Racing and Wagering Board at its main office located at One Broadway Center, Schenectady, New York on Monday, November 22, 2010 at 11:00 A.M., why your license to participate as a trainer in pari-mutuel thoroughbred racing should not be suspended or revoked pursuant to Section 220, subdivision 2 of the Racing, Pari-Mutuel Wagering and Breeding Law and the Rules and Regulations of the New York State Racing and Wagering Board, 9E NYCRR §§4002.8, 4002.9(a) and 4002.19 because: 1. The New York State Department of Labor has determined that you violated §§652 and 661 of the Labor Law of the State of New York in that you failed to comply with the wage and hour laws for your employees at Belmont Park. By reason of the violation, a judgment dated January 27, 2010 has been entered against you in Nassau County in the amount of $8,959.20 in favor of the Commissioner of Labor, consisting of $2,476.24 in wages, $625.78 in pre-judgment interest, and a civil penalty in the amount of $5,857.18. 2. You have an outstanding judgment in favor of Triple Star Horse Feed Inc. in the amount of $5,054.00 filed in Nassau County on September 17, 2008. 3. After being served with Order to Show Cause #132-2010, you agreed with the DOL to pay the amount of $100.00 per month, commencing March 24, 2010 until the judgment with interest at 9 per cent is paid in full. 4. In exchange for withdrawal of the Order to Show Cause #132-2010, you stipulated with the Board that in the event that you default in your payments as stated above, you shall surrender your license, which shall be and remain suspended until you comply with your payment agreements or pay them in full. 5. You have failed to pay the October installment to The DOL and you are in default of the conditions in the stipulation. 6. You have failed to surrender your license when requested to do so by reason of the above on November 11, 2010. 6. The above matters display financial irresponsibility reflecting on your experience, character or general fitness to participate in thoroughbred racing in the State of New York.

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